Navigating California’s Complex Employment Landscape: Recent Developments in Background Checks and Privacy

by Leigh White, CDF Labor Law LLP - JD Supra

Employers in California face significant challenges when it comes to accessing public records for background checks, particularly concerning criminal history and motor vehicle records. California’s employment laws are constantly evolving, and a recent court decision may expand an employer’s ability to access a potential employee’s motor vehicle records. 

Read more: https://www.jdsupra.com/legalnews/navigating-california-s-complex-7778141/

AI in the Workplace: The New Legal Landscape Facing US Employers

by Kimberley Lunetta, Michael Schlemmer, Zachary Shine - Morgan Lewis - JD Supra

Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases, accuracy, and increasingly complex legal compliance.

As AI’s influence grows in the United States, so too has government oversight. Lawmakers and policymakers—from the Biden administration to city governments—have issued guidance, policies, and laws to govern the use of AI in the workplace, giving employers a new legal landscape to navigate.

Read more: https://www.jdsupra.com/legalnews/ai-in-the-workplace-the-new-legal-8539979

Colorado Amends State Privacy Law to Include Biometric Data Requirements

by Jessica Arett, Emily Keimig, Brian Tengel, Venable LLP - JD Supra

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go into effect July 1, 2025. Unlike the Illinois Biometric Information Privacy Act (BIPA), HB 1130 does not create a private right of action.

Read more: https://www.jdsupra.com/legalnews/colorado-amends-state-privacy-law-to-7447050/

Rhode Island Legislature Passes Consumer Data Privacy Act

by David Stauss, Husch Blackwell LLP - JD Supra

Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that requirement is unclear due to the lack of an important definition.

On June 13, 2024, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (SB 2500 / HB 7787). The act will now move to Governor Daniel McKee for consideration. Assuming the act becomes laws, it will go into effect on January 1, 2026.

Read more: https://www.jdsupra.com/legalnews/rhode-island-legislature-passes-2761107/

Construction Workers in New Jersey Public Schools Need Background Checks, Lawmakers Say

by Shore News Network

TRENTON, NJ — New legislation introduced in New Jersey aims to fortify the safety protocols surrounding construction and public works activities in school environments. The bill, which revises existing requirements for criminal history record checks, mandates that all workers involved in school construction or public works must demonstrate clean criminal records from the Federal Bureau of Investigation or State Bureau of Identification before commencing work.

Read more: https://www.shorenewsnetwork.com/2024/06/09/construction-workers-in-new-jersey-public-schools-need-background-checks-lawmakers-say/

Hong Kong to allow employers to check self-employed tutors, coaches for record of sexual offences before hiring

by Sammy Heung - SCMP

Hong Kong employers will be able to check whether self-employed tutors and coaches have been convicted of any sexual offences before they are hired, under a voluntary government scheme in the fourth quarter of this year.

Secretary for Security Chris Tang Ping-keung said on Tuesday the change to the Sexual Conviction Record Check Scheme will enhance the protection of children and the mentally disabled.

Read more: https://www.scmp.com/news/hong-kong/law-and-crime/article/3265390/hong-kong-allow-employers-check-self-employed-tutors-coaches-record-sexual-offences-hiring?campaign=3265390&module=perpetual_scroll_0&pgtype=article

UPDATE: New Hampshire Senate Passes Adult-Use Cannabis Legalization Bill

by Tony Lange - Cannabis Business Times

UPDATE: On May 30, the New Hampshire House voted, 252-117, against concurring with the Senate's amended version of House Bill 1633, and then the body voted, 261-108, to nonconcur and form a conference committee for the adult-use legalization legislation in an effort to resolve differences between the two chambers. 

New Hampshire is on the verge of becoming the 25th state in the U.S. to legalize adult-use cannabis and the first to do so in 2024.

This potential halfway benchmark for the 50-state nation comes as the New Hampshire Senate voted, 14-10, on May 23 to approve an amended version of House Bill 1633.

Read more: https://www.cannabisbusinesstimes.com/news/new-hampshire-senate-passed-recreational-marijuana-bill-franchise/

New Jersey Considers Restricting Use of Artificial Intelligence in the Hiring Process

by Fox Rothschild LLP, Brian Frederick, Kenneth Rosenberg - JD Supra

As employers have increasingly used artificial intelligence (AI) and other Automated Employment Decision Tools (AEDTs) to assist human resource professionals and hiring managers in reviewing voluminous resumes, federal and state governmental authorities have become concerned that these tools are disproportionately screening out female and minority applicants.

Read more: https://www.jdsupra.com/legalnews/new-jersey-considers-restricting-use-of-3885587/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link

Consumer Product Companies Using AI Should Think Past Compliance

by Raqiyyah Pippins, Peter Schildkraut - Bloomberg Law

Many consumer product companies—like other businesses—are turning to artificial intelligence-powered and automated decision-making, or ADM, technologies for operating efficiencies and enhanced customer experiences.

Companies embracing AI should look beyond compliance and develop a comprehensive risk management strategy.

Government enforcers are watching, and recent cases and agency guidance highlight the perils of not adopting appropriate safeguards for AI deployment.

Read more: https://news.bloomberglaw.com/daily-labor-report/consumer-product-companies-using-ai-should-think-past-compliance

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

by Wendy Buckingham, Kevin Frankel, Haley Norwillo, William Simmons, Littler - JD Supra

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance also creates a Lehigh County Human Relations Commission charged with investigating and enforcing claims of discrimination. The ordinance becomes effective June 1, 2024.

Read more: https://www.jdsupra.com/legalnews/employers-face-june-1-2024-deadline-to-8816636/?origin=CEG