Does Airbnb do criminal background checks? Yes. Policy sparks backlash among consumers

by Katie Wedell - USA Today

Bethany Hallam has made no secret about her past struggles with drug addiction. She ran for her seat on the Allegheny County Council in Pennsylvania on a platform of improving the county's jail and public transportation system because she'd spent time in that jail and lost her driver's license for a time.

So, she was confused in September when she attempted to book a short-term stay in Florida through Airbnb – something she'd successfully done many times in the last six years – only to have her reservation canceled and her account banned because of a past criminal conviction discovered on a background check.

Read more: https://www.usatoday.com/story/travel/2022/12/11/airbnb-bans-criminal-background-checks/10751848002/

Punching In: ‘Clean Slate’ Laws Spreading Among States, Cities

by Chris Marr, Robert Iafolla - Bloomberg Law

‘Clean Slate’ Legislation|Covid Litigation Update

Chris Marr: Laws aimed at improving the employment prospects of people with criminal records could be set to spread next year in state legislatures, after three new states passed “clean slate” measures in 2022.

Advocates are pushing New York lawmakers to pass a bill early in 2023 that would automatically seal a person’s criminal record a few years after they’ve served out their sentence, with the time period varying based on the severity of the crime. It’s one of several states with active efforts to pass such a law. California, Colorado, and Oklahoma each passed clean slate laws this year, bringing the count to eight states, according to the Clean Slate Initiative.

Read more: https://news.bloomberglaw.com/daily-labor-report/punching-in-clean-slate-laws-spreading-among-states-cities-28

Amazon and Washington AG reach agreement on criminal background check notices for Flex drivers

by Todd Bishop - Geek Wire

Amazon has made voluntary changes to its app for Flex delivery drivers in accordance with a Washington state law designed to provide a more level playing field for job applicants with criminal records, a new court filing shows.

The changes resolve an investigation launched by the office of Washington state Attorney General Bob Ferguson in March 2020, according to the Nov. 17 filing by Assistant AG Marsha Chien in King County Superior Court in Seattle.

Read more: https://www.geekwire.com/2022/amazon-and-washington-ag-reach-agreement-on-criminal-background-check-notices-for-flex-drivers/

Background checks and more: How IT companies are detecting moonlighting

by BS Web Team - Business Standard

As workers around the globe warm up to moonlighting, IT firms are gearing up to the challenge of identifying which of their employees are pursuing a secondary gig and whether that work is in direct conflict with the employee's primary job. But it's proving to be a challenge.

Read more: https://www.business-standard.com/article/companies/background-checks-and-more-how-it-companies-are-detecting-moonlighting-122111000353_1.html

Employment Law Update 2023: New Compliance Obligations for the New Year

by Joy Rosenquist, Bruce Sarchet, Littler - JD Supra

2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still the number one day for new employment laws to take effect. 2023 will be no exception.

Read more: https://www.jdsupra.com/legalnews/employment-law-update-2023-new-3270628/

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/