Hadestown Casting Reversal Raises Questions for Employers About Social Media Searches and Employment Decisions

by Matthew Windman, McCarter & English, LLP - JD Supra

Employers can learn a great deal about job applicants and employees from social media, but what they can and should do with that information is far less clear. Should employers proactively review publicly available social media accounts before making a hiring decision? Could doing so identify potential issues before an offer is made or publicly announced? Or does routinely searching applicants’ personal online activity create more legal and practical risks than benefits?

Read more: https://www.jdsupra.com/legalnews/hadestown-casting-reversal-raises-3082519/

San Francisco Expands Fair Chance Ordinance To Bar Use Of Certain Out-of-state Convictions In Hiring Decisions

by Everett McLean II, Brittany Sachs, Heather Sager, Ashurst Perkins Coie - JD Supra

If your business operates in San Francisco, a recent expansion of the city’s Fair Chance Ordinance (FCO) could change how you handle criminal background checks for employment decisions.

San Francisco recently enacted Ordinance No. 128-26, amending the FCO to prohibit employers from considering certain out-of-state criminal convictions and arrests in employment decisions. The amendment takes effect on August 10, 2026.

Read more: https://www.jdsupra.com/legalnews/san-francisco-expands-fair-chance-6004067/

Alaskans with certain low-level marijuana convictions can keep record private under new law

by Corinne Smith - Alaska Beacon

Alaskans who have been convicted for low-level marijuana possession will be able to apply to keep their records confidential so they do not appear in background checks, under a new law that takes effect in 2027. 

The change is part of a wide-ranging omnibus crime package that was approved by the Alaska Legislature and allowed to pass into law without Gov. Mike Dunleavy’s signature in June. 

Read more: https://alaskabeacon.com/briefs/alaskans-with-certain-low-level-marijuana-convictions-can-keep-record-private-under-new-law/

New York Should Improve Its Oversight of Nursing Homes’ Compliance With Background Check Requirements

by Office of Inspector General

Why OIG Did This Audit

• Employee background checks are an important safety measure that can help protect long-term care residents. Approximately 1.2 million people reside in nursing homes, with more than half of them relying on Medicare and Medicaid to pay for their long-term care.

• This audit assessed whether New York ensured that selected nursing homes complied with Federal requirements that prohibit the employment of unlicensed individuals and those with disqualifying backgrounds during calendar year 2023. We reviewed 10 staff members at each of 10 nonstatistically selected nursing homes.

Read more: https://oig.hhs.gov/reports/all/2026/new-york-should-improve-its-oversight-of-nursing-homes-compliance-with-background-check-requirements/

New Florida Law Compels Certain Employers to Include Background Check Resource in Job Listings

by Dee Anna D. Hays - Ogletree Deakins

Certain organizations in Florida that work with children and vulnerable adults must link to the Agency for Health Care Administration’s (AHCA) new background checks resource in their job postings for any position that requires a screening through Florida’s Care Provider Background Screening Clearinghouse, commonly referred to as Level 2 Background Screening. The resource includes details on disqualifying offenses, exemption procedures, and timelines.

Read more: https://ogletree.com/insights-resources/blog-posts/new-florida-law-compels-certain-employers-to-include-background-check-resource-in-job-listings/

New York Is the Eleventh State to Restrict Employers’ Use of Credit History

by Stephen Fuchs, Littler - JD Supra

On December 19, 2025, New York Governor Kathy Hochul signed into law S03072, amending the New York Fair Credit Reporting Act1 to prohibit New York employers from obtaining or using consumer credit history in hiring and personnel decisions.

The amended statute, which takes effect 120 days after enactment—on April 18, 2026—tracks the New York City Stop Credit Discrimination in Employment Act (SCDEA) that took effect in 2015, and makes New York the eleventh state to enact legislation restricting such use of consumer credit history, joining California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington, as well as New York City; the District of Columbia; Chicago; Cook County, Illinois; Madison, Wisconsin; and Philadelphia, Pennsylvania.

Read more: https://www.jdsupra.com/legalnews/new-york-is-the-eleventh-state-to-9357423/

Indiana Releases Consumer Data Privacy Bill of Rights

by Nick Palmiere, Baker Botts L.L.P. - JD Supra

Ahead of implementation of Indiana's comprehensive data privacy law, Indiana’s Attorney General has released a Consumer Data Privacy Bill of Rights describing how the Indiana Consumer Data Protection Act ("ICDPA"), enacted in 2023, will operate when it takes effect on January 1, 2026. Although styled for consumers, the Bill of Rights functions as a practical compliance roadmap for businesses subject to the law. It reiterates the ICDPA’s scope and thresholds, articulates the core consumer rights, and underscores concrete controller obligations around transparency, data minimization, purpose limitation, sensitive data handling, and response timelines.

Read more: https://www.jdsupra.com/legalnews/indiana-releases-consumer-data-privacy-4907688/

The State of Employment Law: Illinois Provides the Strongest Criminal Conviction Protections in the Country

by Douglas M. Oldham, Barnes & Thornburg LLP - The National Law Review

Many states have some protections in place for employees and applicants with criminal convictions, ranging from ban-the-box laws that prohibit inquiries into criminal records until the interview stage to opinion letters that adverse employment decisions based on conviction record have an adverse impact on minority applicants and employees. But no state goes as far with these protections as Illinois, which has explicitly included conviction record as a protected class pursuant to the Illinois Human Rights Act (the “Act”).

Read more: https://natlawreview.com/article/state-employment-law-illinois-provides-strongest-criminal-conviction-protections

Washington Employers: Prepare for Hiring Practice Shifts as New Background Check Requirements Take Effect in 2026 + 2027

Richard I. Greenberg, Susan M. Corcoran, Michael A. Griffin, Brian K. Keeley - Jackson Lewis

In the 2025 legislative session, Washington State expanded its Fair Chance Act in a number of different ways to impose additional limits on employers’ criminal background inquiries of applicants and employees. The changes go into effect for medium and large employers in July 2026 and for small employers in January 2027, giving employers plenty of time to get ready.

Employers with employees in the City of Seattle are already subject to most of these new requirements and restrictions. Therefore, the changes to state law will supplement those Seattle requirements and apply to employers throughout the State.

Read more: https://www.jacksonlewis.com/insights/washington-employers-prepare-hiring-practice-shifts-new-background-check-requirements-take-effect-2026-2027

Philadelphia Strengthens Ban-the-Box Law: Key Updates + 7 Steps for Employers

by Leanne Lane Coyle, Kelsey Schiappacasse, Fisher Phillips - JD Supra

Employers in Philadelphia may need to update their hiring processes to comply with new rules on criminal history inquiries. Recent changes to the city’s ban-the-box ordinance will significantly expand who is covered, clarify key definitions and procedures, and add more robust notice, retaliation, and enforcement provisions. Here’s what you need to know ahead of the January 6 effective date and seven steps you can take now to prepare.

Read more: https://www.jdsupra.com/legalnews/philadelphia-strengthens-ban-the-box-7327958/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link