Summary: All You Need To Know About Canada’s New Digital Charter Bill

by Sashwata Saha - Medianama

In a move towards strengthening data and privacy protection rules, the Liberal Party of Canada tabled Bill C-27, the Digital Charter Implementation Act 2022, before the country’s Parliament, a month ago, on June 16. The charter includes a collection of three new laws: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act.

Read more: https://www.medianama.com/2022/07/223-canada-new-digital-charter-bill-summary/

Tampa moves closer to expanding 'ban the box' policy to city contractors

by Mitch Perry - Bay News 9

TAMPA, Fla. — The Tampa City Council voted unanimously Thursday to move forward with a plan to reward businesses contracting with the city when they hire individuals who have been involved in the criminal justice system.

Read more: https://www.baynews9.com/fl/tampa/news/2022/07/14/tampa-moves-to-expand--ban-the-box--policy-to-city-vendors

New Requirements for Residential Landlords in Florida

by Nelson Mullins Riley & Scarborough LLP, Anna Hiller - JD Supra

Miya’s Law: Mandatory Employee Background Screenings, Unit Key Log Maintenance, 24 Hours’ Notice for Entry into Dwellings

On June 27, 2022, Governor Ron DeSantis signed Miya’s Law, Senate Bill (SB) 898, to heighten the safety requirements for residential apartments. Miya’s Law, effective July 1, 2022, will have a significant impact on the daily operations of Florida landlords and property managers.

Read more: https://www.jdsupra.com/legalnews/new-requirements-for-residential-6456951/

California Employers Not Liable for Pre-Hire Drug Test Time, Expenses

by Paul Lynd, ArentFox Schiff - JD Supra

California employers do not have to pay applicants for time or expenses related to taking a pre-employment drug test, when the employer made hiring contingent on passing the test, according to a recent decision. Under those facts, the US Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods, LLC that the individuals were not yet employees, so their prospective employer thus did not owe them wages or expenses for taking the test.

Read more: https://www.jdsupra.com/legalnews/california-employers-not-liable-for-pre-9832136/

Delaware moves forward with ‘ban the box’ legislation for college admissions

by Jeremy Bauer-Wolf - Higher Ed Dive

Dive Brief:

  • The Delaware Senate pushed through a bill this month that would forbid the state’s public and private colleges from inquiring about applicants’ criminal histories.

  • This is what’s known as “ban the box” legislation. Often, such measures limit employers from asking about a criminal record on job applications, but they have gained ground with colleges in the last several years.

  • Delaware’s proposal would permit colleges to ask about students’ criminal backgrounds once they were admitted so they can offer counseling or restrict participation in campus life. It also makes an exception for such offenses as stalking and sexual assault.

Read more: https://www.highereddive.com/news/delaware-moves-forward-with-ban-the-box-legislation-for-college-admission/625599/

Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit

by Lisa Barnett Sween, Sayaka Karitani - The National Law Review

In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were not entitled to compensation for the time spent being tested.

In Johnson v. WinCo Foods Holdings, Inc, et al. (WinCo), a class of applicants who successfully received job offers and subsequently were hired as employees of WinCo brought claims alleging, they should have received compensation as an employee for the time and expense of taking a pre-employment drug test. Under WinCo’s procedures at the time, a hiring manager would call successful applicants to extend a job offer contingent on the completion of a background check and drug test. WinCo paid for the testing fee but did not compensate for travel expenses or the time required to undergo the testing.

Read more: https://www.natlawreview.com/article/pre-employment-drug-testing-not-compensable-under-california-law-holds-ninth-circuit

‘Clean Slate’ laws are taking hold: Colorado joins list

by Tom D’Agostino - HR Morning

Colorado has joined a growing list of states that have passed what are known as “Clean Slate” laws, lending momentum to a trend that is likely to see additional states follow suit — perhaps in the near future.

Gov. Jared Polis signed Colorado’s Clean Slate Act into law at the end of May. According to the Clean Slate Initiative, Colorado is the seventh state to enact such a law. The growing trend began relatively recently: Starting with Pennsylvania, all seven states have enacted their Clean Slate laws since 2018.

Read more: https://www.hrmorning.com/news/clean-slate/

Background Checks Bill Passes Senate

by Ashley Hoffman - CalChamber Alert

A California Chamber of Commerce-supported bill that will restore the accessibility of key court electronic indexes for conducting background checks passed the Senate this week.

SB 1262 (Bradford; D-Gardena) preserves access to work by removing roadblocks to timely completion of employment background checks.

It passed the Senate with unanimous support on May 24 and moves on for consideration in the Assembly.

Read more: https://calchamberalert.com/2022/05/27/background-checks-bill-passes-senate/

How one little background check mistake landed this employer in court

by Tom D’Agostino - HR Morning

Do you conduct background checks on job applicants? If the answer is yes, this is an important case to know.

A state appeals court in California has revived a putative class action suit that accuses an employer of willfully violating the federal Fair Credit and Reporting Act (FCRA) by providing job applicants with an improper disclosure relating to its acquisition and use of consumer reports.

Read more: https://www.hrmorning.com/news/background-checks/

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

by Richard Millisor, Fisher Phillips - JD Supra

A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision from a federal appeals court. The job applicant didn’t claim the background report was wrong. Instead, she argued that she should have been given a chance to explain the conviction before the offer was withdrawn. In Schumacher v. SC Data Center, Inc., the 8th U.S. Circuit Court of Appeals ruled in favor of the employer even though it technically violated the Fair Credit Reporting Act (FCRA). The act doesn’t give applicants the right to explain negative but accurate information in a consumer report before the employer can make an adverse employment decision, the court said in a May 3 decision. Although the ruling is good news for employers, you should take the following three steps to comply with FCRA’s notice requirements and avoid similar claims.

Read more: https://www.jdsupra.com/legalnews/federal-appeals-court-sides-with-1410611/