Pennsylvania looks to expunge criminal record of minors to 'get their lives back on track'

by Anthony Hennen, The Center Square - The Progress

HARRISBURG — The Pennsylvania General Assembly has passed criminal justice reforms meant to make it easier for people to reenter society after serving time in prison. Now, lawmakers are considering similar reforms for juvenile offenders.

As The Center Square previously reported, Pennsylvania’s Clean Slate Act passed in 2018 and has helped more than 1.2 million people seal their criminal records tied to misdemeanors. Lawmakers are currently considering extending it to low-level felonies for people who are believed highly unlikely to reoffend, and the original reform may go national as well.

Read more: https://www.theprogressnews.com/news/state/pennsylvania-looks-to-expunge-criminal-record-of-minors-to-get-their-lives-back-on-track/article_16ece3be-5a16-11ed-8cf3-8bf40a4e2528.html

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

by Payne & Fears, Connor Kridle, Erika Rasch - JD Supra

Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment and Housing Act (FEHA) to prohibit employers from discriminating against workers in hiring, termination, or any term and condition of employment, solely because the worker consumes medical or recreational cannabis outside of the workplace.

Read more: https://www.jdsupra.com/legalnews/new-california-law-prevents-employers-2306719/

Governor’s Veto Will Result in Delayed Background Checks in California

by By Rod M. Fliegel, William J. Simmons and Wendy Buckingham - Littler

A May 2021 court decision in California, called All of Us or None v. Hamrick, caused significant background check delays in some California county courts and left background check companies unable to report some criminal record search results at all. The gist of the decision was that background check companies could no longer verify key personal identifying information for criminal defendants in state court index searches commonly used for background checks, such as full date of birth, because the California Court of Appeal held that the information must be treated as private.

Read more: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-background-checks.aspx

New Employment Laws in California

by Manatt, Phelps & Phillips, LLP - JD Supra

As the California legislative session ended, several employment-related bills were sent to Governor Gavin Newsom for a signature by September 30.

As of September 27, 2022, three—including a measure that would prohibit employers from discriminating against a person based on their use of cannabis off the job, another that established a Fast Food Council to create a bill of rights for fast-food workers, and a third that expands reporting related to pay data—have already been signed into law.

Read more: https://www.jdsupra.com/legalnews/new-employment-laws-in-california-4028077/

Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

by McGuireWoods LLP, Michael Brody, Diane Flannery, Bryan Fratkin, Andrew Gann, R. Trent Taylor - JD Supra

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information in credit reports. In issuing the decision, the court is one of the first Circuit Courts to squarely address the scope of what constitutes an “informational injury” in the wake of the Supreme Court’s recent decision in Transunion LLC v. Ramirez, 141 S. Ct. 2190 (2021).

Read more: https://www.jdsupra.com/legalnews/third-circuit-decision-provides-post-8785925/

What Does Utah Consumer Privacy Act Mean for US Businesses?

by Anas Baig - Data Science Central

Utah Governor Spencer J. Cox signed the Utah Consumer Privacy Act (UCPA) into law in March 2022. It has since become only the fourth US state to have its own data protection law after Colorado, Virginia, and California. 

Comparatively, it is considered a lot more similar to Virginia’s VCDPA than California’s CCPA, owing to it being more business-friendly. This is primarily down to the fact that there are no requirements for data protection assessments, cybersecurity audits, or risk assessments.

However, that does not mean it compromises consumers’ data privacy or their rights. Strict obligations are placed on all data processors and controllers to ensure users’ rights are respected at all times. 

Compliance with the UCPA should not prove too difficult for organizations willing to ensure appropriate data protection mechanisms to guarantee consumers’ data is safe without compromising their browsing experience. 

Read more: https://www.datasciencecentral.com/what-does-utah-consumer-privacy-act-mean-for-us-businesses/

Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring Policy

by M. Brett Burns, Robert T. Bumbacher, Crawford C. LeBouef - The National Law Review

Earlier this year, Harris County, Texas, which encompasses a substantial majority of the City of Houston, became the sixth Texas city or county to embrace a “ban the box” policy when it adopted the Fair Chance Policy.

As we have previously posted (see here and here), “ban the box” policies are gaining support around the country, with over 37 states and over 150 cities and counties having adopted some form of a ban the box policy, including several in Texas.  Generally, these policies are designed to ensure that potential employers consider a job candidate’s skills and qualifications first, thereby eliminating any implicit bias or negative implication to his/her application due to a criminal conviction or arrest record.  As the name suggests, these policies typically  eliminate the box (or question) on an employer’s employment application where the applicant must check off whether or not he/she has a criminal record.  

Read more: https://www.natlawreview.com/article/harris-county-becomes-latest-texas-to-adopt-ban-box-hiring-policy

A bill that would seal certain criminal records could open doors for millions of Californians

by Anabel Sosa - Los Angeles Times

SACRAMENTO — State lawmakers on Thursday approved legislation that would allow some Californians with criminal convictions to have those records sealed if they maintain a clean record, a move cheered by criminal justice reform advocates and harshly criticized by law enforcement.

Read more: https://www.latimes.com/california/story/2022-08-18/lawmakers-consider-sealing-some-criminal-records-after-4-years-of-release

NYC Council bill would ban landlords from checking tenants’ criminal history

by Paul Liotta - Staten Island Advance

STATEN ISLAND, N.Y. — Members of the New York City Council and housing-rights advocates renewed their push Thursday to end landlords’ ability to check their tenants’ criminal histories.

Proposed legislation, known as the “Fair Chance for Housing Act,” failed in previous council iterations, but had 29 co-sponsors in the City Council, enough for a majority, according to the bill’s prime sponsor, City Councilman Keith Powers (D-Manhattan).

Read more: https://www.silive.com/news/2022/08/nyc-council-bill-would-ban-landlords-from-checking-tenants-criminal-history.html

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

by Susan M. Corcoran, Templeton N. Timothy - JacksonLewis

Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”

Miya’s Law is named after Miya Marcano, who was killed in her apartment by a maintenance worker having access to her apartment.

Read more: https://www.jacksonlewis.com/publication/miya-s-law-florida-landlords-must-conduct-specific-background-checks-their-apartment-employees