Bill to overhaul Canada's privacy laws coming soon

by Catharine Tunney - CBC News

As the number of high-profile online consumer security breaches continues to grow, the federal government is expected to introduce a bill soon to shake up Canada's privacy laws — possibly as early as this week.

Innovation Minister Navdeep Bains signalled plans to introduce the legislation late last week on the House of Commons notice paper.

Read more: https://www.cbc.ca/news/politics/privacy-bill-bains-1.5801613

New Guidance Clarifies Protections For California Workers With Criminal Records

by Alonzo Martinez - Forbes

Bolstering Covid-19 worker protections, the California Department of Fair Employment and Housing ("DFEH") recently clarified the state’s criminal background check regulations. The new guidance expands the scope of California’s Fair Chance Act and places employers on notice regarding DFEH’s intended enforcement of the law.

Read more: https://www.forbes.com/sites/alonzomartinez/2020/11/03/new-guidance-clarifies-protections-for-california-workers-with-criminal-records/?sh=7a6d741f6280

7 Tips for International Recruiting Programs in the Era of GDPR and Emerging U.S. Laws

by Morrison Foerster

When your organization is searching to fill a new position, you understandably want to find out as much as possible about the candidates who apply. Aside from determining whether the candidate has the specific skill set, education, and experience necessary to do the job, you want to make sure that the person will fit in with the team. Do they have a positive attitude and integrity? Are they flexible and hard working? Are they a good communicator and team player? Are they dependable and creative? If possible, you want to hear from references provided by the candidate to confirm that the candidate was sincere and meets your organization’s needs. You might even want to check how they behave on the Internet.

Read more: https://www.mofo.com/resources/insights/201030-international-recruiting-programs.html

Mitigating FCRA Risks in the COVID-19 World

by Hunton Andrews Kurth

In the years leading up to the current COVID-19 pandemic, consumer litigation claims related to the Fair Credit Reporting Act (“FCRA”) doubled.1 Although there has been a slight decrease in FCRA filings since March 2020 (due in large part to court closures and stay at home orders resulting from COVID-19), we expect FCRA claims will once again be on the rise as courts reopen and the relief measures under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)2 are tested. Indeed, in the months following the initial COVID-19 outbreak, the Consumer Financial Protection Bureau (“CFPB”) received its highest number of FCRA consumer complaints, with over 14% mentioning coronavirus keywords.3

Read more: https://www.huntonak.com/en/insights/mitigating-fcra-risks-in-the-covid-19-world.html

DFEH Updates “Ban The Box” Regulations And Provides FAQ

by Meagan Bainbridge and Weintraub Tobin - JD Supra

Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most employers in California to ask about the criminal record of job applicants before making a conditional job offer. 

Read more: https://www.jdsupra.com/legalnews/dfeh-updates-ban-the-box-regulations-16361/

Hawaii Tightens Ban-the-Box Law, Further Limiting Use of Past Criminal History in Work Decisions

by Richard Greenberg and Andrew L. Pepper - The National Law Review

Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions. Hawaii employers have long been required to limit their consideration of felony and misdemeanor convictions to a 10-year lookback period, unless they fell within one of the statutory exemptions as part of its longstanding “ban the box” legislation. State law has further required employers to apply a “rational relationship” test before denying a prospective or current employee a position following a background check, which means an employer may only consider those convictions occurring in the permissible time period if there is a “rational relationship” between the convicted crime and the prospective job.

Read more: https://www.natlawreview.com/article/hawaii-tightens-ban-box-law-further-limiting-use-past-criminal-history-work

Legislature approves automatic expungement bills

by David Eggert - Associated Press

LANSING — Michigan would automatically expunge criminal records and ease the application process for those convicted of marijuana offenses under sweeping "clean slate" bills that received final legislative approval Thursday.

Read more: https://www.crainsdetroit.com/government/legislature-approves-automatic-expungement-bills

Recruiters’ legal obligations when workers switch occupations

by Carla Feakins - People Management

Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.

Read more: https://www.peoplemanagement.co.uk/experts/legal/recruiters-legal-obligations-workers-switch-occupations?utm_source=mc&utm_medium=email&utm_content=PM_Daily_17092020.Employment+law:+Recruiters%E2%80%99+legal+obligations+when+workers+switch+occupations&utm_campaign=7295441&utm_term=5459367

New Castle might ban city job applicants with felonies

by Maria Basileo - New Castle News, The Herald

NEW CASTLE – To lower prison recidivism rates and help ensure everyone gets a second chance, cities and states nationwide have enacted so-called “ban-the-box” laws.

The laws aim to reduce chances that job applicants aren’t eliminated solely because of a criminal record, or crimes that may have occurred decades ago. An estimated one in six U.S. adults has a felony on his or her record.

Read more: https://www.sharonherald.com/news/local_news/new-castle-might-ban-city-job-applicants-with-felonies/article_70fe58b4-bf65-5ffe-b6f1-8fc80a040791.html

CFPB California Style: The California Consumer Financial Protection Law Brings More Providers of Consumer Financial Products and Services Into the Regulatory Tent

by Nancy R. Thomas and Joseph Gabai - Morrison Foerster

On August 31, 2020, the California legislature passed the California Consumer Financial Protection Law (CCFPL). The law reflects Governor Newsom’s vision of a much more powerful banking agency with new registration authority, UDAAP authority mirroring the authority of the CFPB, and expanded enforcement authority. But important amendments adopted by the legislature will exempt many regulated entities from the scope of the law and will impose limits on the new Department of Financial Protection and Innovation’s (DFPI) exercise of its authority.

Read more: https://www.mofo.com/resources/insights/200901-cfpb-california-consumer-financial-protection-law.html