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.
by Office of Inspector General
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.
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.
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/
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/
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”).
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.
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.
by Rod Fliegel, Chad Kaldor, William Simmons, Littler - JD Supra
On October 8, 2025, with the mayor’s signature, Philadelphia, Pennsylvania enacted additional amendments to its Fair Criminal Record Screening Standards Ordinance (FCRSSO). The amendments continue the city’s trend of expanding protections for individuals with criminal records, and take effect January 6, 2026.1 Businesses operating in Philadelphia must revise required notices to applicants, employees and independent contractors, among other compliance updates.
Read more: https://www.jdsupra.com/legalnews/philadelphia-passes-additional-7468442/
by Jack Tomczuk - Metro Philadelphia
City Council approved legislation Thursday that is designed to strengthen regulations governing when employers can deny a job opportunity to an applicant solely based on the person’s criminal record.
The bill builds on the city’s landmark Fair Criminal Record Screening Standards law, also known as “Ban the Box,” which was passed nearly 15 years ago. Philadelphia was among the first cities in the nation to prohibit private businesses from asking about an individual’s criminal history during the application process.
Read more: https://metrophiladelphia.com/council-ban-the-box-criminal-record-hiring/
