‘Brexit dividend’ rule change prompts fears over data flow with EU

by Kate Beioley - Financial Times

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https://www.ft.com/content/8da85688-76f0-4a97-9e58-f701f3488d78

Four years ago, UK businesses were scrambling to overhaul the way they collected workers’ personal information before sweeping new data protection rules came into force, in May 2018. Now, business leaders wonder if they will have to rip up the rule books again — as a result of the British government’s plans for an independent, post-Brexit, data regime.

Read more: https://www.ft.com/content/8da85688-76f0-4a97-9e58-f701f3488d78

What Employers Should Know About the New California Privacy Law

by Davis Wright Tremain LLP, Mark Berry, Grace Thompson - JDSupra

Beginning January 1, 2023, companies with employees or contractors in California may need to comply with a new, robust data privacy law. In 2020, California voters approved the California Privacy Rights Act (CPRA), which modified the existing California Consumer Privacy Act (CCPA), broadening its obligations from consumer information to employment data (among other changes)

Read more: https://www.jdsupra.com/legalnews/what-employers-should-know-about-the-4366208/

Why US-based companies should care about the Norway DPA's interpretation of GDPR consent

by Odia Kagan - IAPP

U.S.-based companies and regulators should fully understand the impact of a decision from Norway’s data protection authority, Datatilyset, regarding how consent is “done,” what constitutes special category data and what “manifestly made public” means. With the new U.S. privacy laws in California, Virginia and Colorado borrowing the definitions of “consent” and “sensitive data” verbatim from EU General Data Protection Regulation, as well as adopting a consumer intent-based standard for determining what constitutes “publicly available information,” the devil will be in the details of how these get interpreted. 

Read more: https://iapp.org/news/a/why-should-us-based-companies-care-about-this-recent-decision-in-norway/

Guardrails For Using Social Media During The Hiring Process

by Caroline B. Burnett and Sofia Chesnokova - The Employer Report

It’s increasingly common for employers to use social media during the hiring process. The temptation is obvious — there’s a wealth of potentially useful information about applicants available online. It’s not unreasonable to wish to use social media to understand a prospective employee’s professional qualifications and skills to determine whether they fit with the criteria for the position. It’s no wonder that a recent survey from The Harris Poll finds that seventy-one percent of US hiring decision-makers agree that looking at candidates’ social media profiles is an effective way to screen applicants. Furthermore, 70% believe employers should screen all applicants’ social media profiles, while the majority (67%) say they use social networking sites to research potential job candidates.

Read more: https://www.theemployerreport.com/2022/02/guardrails-for-using-social-media-during-the-hiring-process/

New bill takes aim at California’s slow progress clearing pot convictions

by Kiera Feldman - Los Angeles Times

California would set new deadlines to dismiss and seal many cannabis convictions under a bill introduced Wednesday aimed at redressing anti-drug laws that disproportionately targeted communities of color.

The move comes two weeks after a Times investigation found that tens of thousands of Californians are still stuck with felonies, misdemeanors and other cannabis convictions on their records. Despite a 2018 law that required the state to clear cannabis convictions, many courts have been slow to process cases, The Times found.

Read more: https://www.latimes.com/california/story/2022-01-26/lawmaker-moves-to-fix-delays-in

Can an employer or landlord ask about a criminal record? Know your rights in Kansas City

by Natalie Wallington - The Kansas City Star

Nearly four years ago, Kansas City passed an ordinance banning employers and discouraging landlords from discriminating against applicants based solely on their criminal history.

The so-called “Ban the Box” ordinance was intended to remove a barrier to housing and job opportunities for formerly incarcerated people.

Read more: https://www.kansascity.com/news/local/article257343162.html

Digital identity certification for right to work, right to rent and criminal record checks

by Gov.UK

1. Introduction

On 27 December 2021, the government announced its intention to enable employers and landlords to use certified digital identity service providers to carry out identity checks on their behalf for many who are not in scope to use the Home Office online services, including British and Irish citizens. The relevant changes to legislation will take effect from 6 April 2022.

Read more: https://www.gov.uk/government/publications/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks

Harris County will no longer ask about criminal histories on county job applications

by Andrew Schneider - Houston Public Media

Harris County leaders on Tuesday adopted a policy that will ban most county departments from asking about a job applicant's criminal history.

County Attorney Christian Menefee — who proposed the program — called this "banning the box," a reference to the box on county employment applications where applicants must check whether they have a criminal record.

Read more: https://www.houstonpublicmedia.org/articles/news/harris-county/2022/01/04/416628/harris-county-makes-it-easier-for-ex-offenders-to-apply-for-county-jobs/

Supreme Court Amends Rule; Background Checks Should Continue Without Delay

by Advocacy News - Michigan Chamber of Commerce

After months of back and forth, the Michigan Supreme Court adopted an amendment to its personal identifying information (PII) court rule impacting background checks.

As previously reported, the court rule, which was slated to go into effect on January 1, 2022, would have required Michigan courts to redact all personal identifying information (PII) from public records.  In doing so, the Supreme Court would have effectively eliminated the ability of professional background screening companies to conduct background checks for businesses across Michigan.  Ninety-four percent of employers conduct background checks and, in many instances, are required to do so under state and federal law.

Read more: https://www.michamber.com/news/supreme-court-amends-rule-background-checks-should-continue-without-delay/

California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

by McDermott Will & Emery - JDSupra

The California Department of Fair Employment and Housing (DFEH) announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers with five or more employees from asking job candidates about their conviction history before making them a job offer.

Read more: https://www.jdsupra.com/legalnews/california-employers-your-online-job-6031396/