California’s Background Check Limits Are Impeding Hiring

by Roy Maurer - SHRM

Legal developments in California limiting criminal history searches are causing significant hiring delays and unworkable burdens in the employment screening process.

The situation arose from a May 2021 California Court of Appeal decision in All of Us or None — Riverside Chapter v. Hamrick, which has prevented background screeners from using dates of birth or driver’s license numbers as input terms in electronic criminal record searches.

Read more: https://www.shrm.org/topics-tools/news/talent-acquisition/california-background-check-limits-hamrick

Lawmakers Introduce Criminal Information Protection Bill in Trenton

by Shore News Network

TRENTON, N.J. — A new bill introduced in the New Jersey legislature aims to update procedures for handling criminal background checks in the state, particularly focusing on individuals with pending expungement orders. The proposed law would amend P.L.1985, c.169, requiring the State Bureau of Identification (SBI) within the New Jersey State Police to verify and update criminal records before disseminating any background information.

Read more: https://www.shorenewsnetwork.com/2024/10/22/lawmakers-introduce-criminal-information-protection-bill-in-trenton/

Former Employee Sues Amazon Over Alleged Fair Credit Reporting Act Violation

by Nothern California Record

A former Amazon employee has lost her appeal in a class action lawsuit against the company, alleging violations of the Fair Credit Reporting Act (FCRA). Lovenia Scott filed the complaint on January 8, 2020, in San Francisco City & County Superior Court against Golden State FC, LLC (now known as Amazon.com Services LLC) and Amazon.com, Inc.

Read more: https://norcalrecord.com/stories/662606621-former-employee-sues-amazon-over-alleged-fair-credit-reporting-act-violation

Navigating California’s Complex Employment Landscape: Recent Developments in Background Checks and Privacy

by Leigh White, CDF Labor Law LLP - JD Supra

Employers in California face significant challenges when it comes to accessing public records for background checks, particularly concerning criminal history and motor vehicle records. California’s employment laws are constantly evolving, and a recent court decision may expand an employer’s ability to access a potential employee’s motor vehicle records. 

Read more: https://www.jdsupra.com/legalnews/navigating-california-s-complex-7778141/

Construction Workers in New Jersey Public Schools Need Background Checks, Lawmakers Say

by Shore News Network

TRENTON, NJ — New legislation introduced in New Jersey aims to fortify the safety protocols surrounding construction and public works activities in school environments. The bill, which revises existing requirements for criminal history record checks, mandates that all workers involved in school construction or public works must demonstrate clean criminal records from the Federal Bureau of Investigation or State Bureau of Identification before commencing work.

Read more: https://www.shorenewsnetwork.com/2024/06/09/construction-workers-in-new-jersey-public-schools-need-background-checks-lawmakers-say/

Hong Kong to allow employers to check self-employed tutors, coaches for record of sexual offences before hiring

by Sammy Heung - SCMP

Hong Kong employers will be able to check whether self-employed tutors and coaches have been convicted of any sexual offences before they are hired, under a voluntary government scheme in the fourth quarter of this year.

Secretary for Security Chris Tang Ping-keung said on Tuesday the change to the Sexual Conviction Record Check Scheme will enhance the protection of children and the mentally disabled.

Read more: https://www.scmp.com/news/hong-kong/law-and-crime/article/3265390/hong-kong-allow-employers-check-self-employed-tutors-coaches-record-sexual-offences-hiring?campaign=3265390&module=perpetual_scroll_0&pgtype=article

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

by Wendy Buckingham, Kevin Frankel, Haley Norwillo, William Simmons, Littler - JD Supra

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance also creates a Lehigh County Human Relations Commission charged with investigating and enforcing claims of discrimination. The ordinance becomes effective June 1, 2024.

Read more: https://www.jdsupra.com/legalnews/employers-face-june-1-2024-deadline-to-8816636/?origin=CEG

Utah Becomes First State To Enact AI-Centric Consumer Protection Law

By: Skadden Publication / AI Insights, Stuart D. Levi, William E. Ridgway, David A. Simon, Meredith C. Slawe, Anita Oh

On March 13, 2024, Utah enacted the Utah Artificial Intelligence Policy Act (UAIP), which imposes certain disclosure requirements on entities using generative AI tools with their customers, and limits an entity’s ability to “blame” generative AI for statements or acts that constitute consumer protection violations.

Companies subject to the UAIP will need to ensure they have the appropriate disclosure regime in place, and other companies should consider whether the UAIP approach is a good business practice they should adopt. The UAIP goes into effect on May 1, 2024.

Read more: https://www.skadden.com/insights/publications/2024/04/utah-becomes-first-state

Florida Legislation Will Increase Background Screening for Healthcare Professionals

by Mia McKown, Eddie Williams III - JD Supra

House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare professionals are required to undergo background screening as a requirement for licensure. Such professionals include the following: allopathic and osteopathic physicians, interns and fellows, physician assistants, chiropractic physicians and assistants, orthotists and prosthetists, podiatric physicians and podiatric x-ray assistants, certified nursing assistants, licensed practical nurses, registered nurses, advanced practice registered nurses, athletic trainers and massage therapists. However, the majority of healthcare professionals licensed by the Florida Department of Health are not required to undergo background screening as part of their initial licensure requirements.

Read more: https://www.jdsupra.com/legalnews/florida-legislation-will-increase-2594449/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

Japan OKs bill on background checks for work involving children

by Yukana Inoue - The Japan Times

The Cabinet on Tuesday approved a bill that aims to protect young children from sexual assault by requiring those seeking employment in fields involving children to undergo background checks that go back 20 years.

The widely discussed system has been called the Japanese version of the U.K.’s Disclosure and Barring Service (DBS).

Read more: https://www.japantimes.co.jp/news/2024/03/19/japan/politics/japanese-dbs/