by Anthony Zaller - Zaller Law Group, PC
Governor Newsom signed a new law this week restricting employers from asking about marijuana use and conducting certain drug tests for applicants and employees. This Friday’s Five covers what the new law means for employers in the context of existing law governing employer’s ability to ask, test, and regulate employee’s use of marijuana in the workplace:
by Sandeep Sangwan - iapp
Since the Supreme Court of India declared the "right to privacy" as a fundamental right in a landmark 2017 judgment and urged the national government to establish a data protection regime, policymakers have worked toward passing central legislation to protect privacy. And on 11 Aug., India finally achieved this goal with the enactment of the Digital Personal Data Protection Act.
Read more: https://iapp.org/resources/article/operational-impacts-of-indias-dpdpa-part1/
by David Anthony, David Gettings, Ethan Ostroff, Kim Phan, Ronald Raether, Chris Willis, Troutman Pepper - JD Supra
As discussed here, on September 21 the Consumer Financial Protection Bureau (CFPB) released an outline of its plans for rulemaking under the Fair Credit Reporting Act (FCRA). The outline was supplied for initial comment to a panel of small business representatives convened under the Small Business Regulatory Enforcement Fairness Act (SBREFA).
Read more: https://www.jdsupra.com/legalnews/cfpb-extends-deadline-for-fcra-7003211/
by Sheppard Mullin Richter & Hampton LLP - JD Supra
On September 11, the FTC announced that it had reached a settlement with two “people-search” companies which would resolve charges that the companies had engaged in practices that violated the Fair Credit Reporting Act (“FCRA”). The California-based defendants market “people-search” services, allowing users to search unlimited background reports on individuals, and charge monthly subscription fees to view the full reports. Searches can be run using an individual’s name and/or city and state of residence.
Read more: https://www.jdsupra.com/legalnews/ftc-settles-fcra-suit-against-people-5069104/
by Michael Wertheim, Kurt A. Kappes - The National Law Review
Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other employment actions. The regulations add to an already lengthy list of procedures employers must follow in California regarding criminal history as a basis for employment decisions.
Press release from Federal Trade Commission
The Federal Trade Commission will require background report providers TruthFinder and Instant Checkmate to pay $5.8 million to settle charges that they deceived consumers about whether consumers had criminal records and that the companies violated the Fair Credit Reporting Act (FCRA) by operating as consumer reporting agencies while, among other things, failing to ensure the maximum possible accuracy of their consumer reports.
“Companies that compile personal information and sell background reports are on notice: Don’t make false claims about the contents of your reports,” said Samuel Levine, Director of the Bureau of Consumer Protection. “And, if you market your reports to be used to screen tenants or employees, you are a consumer reporting agency and you must follow the requirements of the FCRA.”
by Christopher Im, Julie M. Capell - Davis Wright Tremain LLP
New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions.[1]
The Fair Chance Act (FCA)[2] prohibits California employers with five or more employees from inquiring into, considering, distributing, or disseminating information related to an applicant's criminal history until after the employer has made a conditional offer of employment. Once a conditional offer has been made, if an employer intends to deny an applicant the employment conditionally offered because of the applicant's conviction history, the FCA requires the employer to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific job duties.
by The Yomiuri Shimbun - The Japan News
A policy requiring background checks for employment in education and childcare is likely to apply to all staff employed by schools, daycare centers and kindergartens, it has been learned.
The government is expected to submit a related bill in autumn that includes the establishment of a planned Japanese version of the Disclosure and Barring Service (DBS), according to government officials.
Read more: https://japannews.yomiuri.co.jp/society/general-news/20230803-127295/
by Amanda Koulousias - Federal Trade Commission
As a landlord – or property manager or other housing provider – you may run background checks on prospective tenants. These reports can include rental and eviction history, credit history, criminal records, and more. Background checks from consumer reporting agencies are consumer reports and under the law you have certain responsibilities when it comes to using them. For instance, you can get a consumer report only if you have a permissible purpose – and you may not use the consumer report for another reason.
Read more: https://www.ftc.gov/business-guidance/blog/2023/07/tenant-background-check-reports-put-it-writing
by Robert Blamires, Michael H. Rubin, Joseph C. Hansen, Kathryn Parsons-Repone - Latham & Watkins
On July 14, 2023, the California Attorney General announced an investigative sweep targeting large California employers, focusing on employers’ compliance with the California Consumer Privacy Act’s (CCPA’s) recently expanded coverage of employees and job candidates. The announcement follows the expiration of a prior exemption for personnel and business to business (B2B) data under the CCPA (for more information, see this Latham blog post).
