Nebraska’s Consumer Privacy Law Takes Effect Soon and Targets Businesses Selling Personal Data

by Michael B. Katz, Cynthia J. Larose of Mintz - The National Law Review

We are moving westward this week from Iowa to Nebraska in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation.

Nebraska Governor Jim Pillen (R) signed the Nebraska Data Privacy Act (or NEDPA) into law in April. NEDPA becomes effective on January 1, 2025 – the same day as similar laws going live in Delaware, Iowa, and New Hampshire. This relatively short period between signature and effective date left little time for impacted companies to prepare; however, Nebraska’s approach to applicability criteria has cast a specifically tailored net focused on businesses selling personal data of Nebraska residents.

Read more: https://natlawreview.com/article/nebraskas-consumer-privacy-law-takes-effect-soon-and-targets-businesses-selling

California’s Background Check Limits Are Impeding Hiring

by Roy Maurer - SHRM

Legal developments in California limiting criminal history searches are causing significant hiring delays and unworkable burdens in the employment screening process.

The situation arose from a May 2021 California Court of Appeal decision in All of Us or None — Riverside Chapter v. Hamrick, which has prevented background screeners from using dates of birth or driver’s license numbers as input terms in electronic criminal record searches.

Read more: https://www.shrm.org/topics-tools/news/talent-acquisition/california-background-check-limits-hamrick

Nebraska Says Yes To Medical Cannabis After Years Of Failed Legalization Attempts: Here's What You Need To Know

by Jelena Martinovic, Benzinga

Nebraska voters chose to legalize and regulate medical cannabis on Tuesday via two ballot measures.

What Happened

The AP reported Tuesday night that with nearly 60% of the votes counted, over 72.4% of Nebraska voters said yes to Initiative 437, thus enacting the Nebraska Medical Cannabis Protection Act. And 68.5% of voters approved Initiative 438, which enacts the Nebraska Medical Cannabis Regulation Act that will create a government board to regulate medical cannabis for patients.

Read more: https://www.benzinga.com/markets/cannabis/24/11/41764503/nebraska-says-yes-to-medical-cannabis-after-years-of-failed-legalization-attempts-heres-what-you

New Jersey Joins Data Privacy Party - New Jersey Data Protection Act Becomes Effective in January 2025

by Mercedes de la Rosa, Harris Freier, Benjamin Perry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - JD Supra

Signed into law at the beginning of 2024, colloquially known as the New Jersey Data Protection Act (NJDPA), N.J. Stat. § 56:8-166.4 et seq. will go into effect on January 15, 2025, as New Jersey joins eighteen other states with comprehensive data privacy laws. Businesses affected typically include large retailers with significant online presences, online advertising platforms, social media companies, insurers, and data brokers, and these businesses may want to focus on identifying their New Jersey consumers to ensure compliance, as the forgiveness period for this law expires on July 15, 2025.

Read more: https://www.jdsupra.com/legalnews/new-jersey-joins-data-privacy-party-new-3052672/

The CFPB Cautions Employers About Using Technology to Track, Assess, and Evaluate Workers

by Rod M. Fliegel, William J. Simmons, Chad J. Kaldor - Littler

On October 24, 2024, the federal Consumer Financial Protection Bureau (CFPB) published a circular cautioning employers about using workplace tracking technology, including AI, under the Fair Credit Reporting Act (FCRA). The CFPB has the primary regulatory and interpretive role regarding the FCRA and shares the enforcement role with the Federal Trade Commission (FTC). The gist of the CFPB’s circular is that employers may need to comply with the FCRA’s employment-related provisions before using such technology. In his prepared written remarks, CFPB Director Rohit Chopra stated: “We are making clear that employers that traffic in data about workers and make decisions – including hiring and firing – using third-party scores based on tracking must adhere to federal protections.”

Read more: https://www.littler.com/publication-press/publication/cfpb-cautions-employers-about-using-technology-track-assess-and

Lawmakers Introduce Criminal Information Protection Bill in Trenton

by Shore News Network

TRENTON, N.J. — A new bill introduced in the New Jersey legislature aims to update procedures for handling criminal background checks in the state, particularly focusing on individuals with pending expungement orders. The proposed law would amend P.L.1985, c.169, requiring the State Bureau of Identification (SBI) within the New Jersey State Police to verify and update criminal records before disseminating any background information.

Read more: https://www.shorenewsnetwork.com/2024/10/22/lawmakers-introduce-criminal-information-protection-bill-in-trenton/

Flash Survey Reveals Half of Employers Don’t Test Applicants for Cannabis: 7 Biggest Employer Takeaways

by Todd Logsdon, Travis Vance, Kristin White, Fisher Phillips - JD Supra

48% of employers don’t test for cannabis in the pre-hire process, and many have made this choice to ensure they meet their talent acquisition and retention goals. In fact, 44% of organizations that do test for cannabis report they have faced challenges recruiting qualified candidates. Those are just a few of the findings from the latest FP Flash Survey conducted between September 23 and October 2, gathering information from nearly 1,000 employers across the country. The survey revealed seven key findings that provide an enlightening glimpse into the current state of cannabis testing, and could help you navigate this modern era.

Read more: https://www.jdsupra.com/legalnews/flash-survey-reveals-half-of-employers-7370891

'The big one': Online data privacy bill gives Montanans opt-out option

by Seaborn Larson Lee Newspapers - Bozeman Daily Chronicle

Montana's new consumer data protections law takes effect Tuesday, joining a handful of states that have advanced legislation on the matter before action by the federal government.

Senate Bill 384, also known as the Consumer Data Privacy Act, gives Montanans the rights to access or obtain copies of their data collected by online companies. The law will also give people the right to request a business delete personal data held by a company and opt out of the data collection process for purposes of targeted advertising or sale of their data to other companies.

Sen. Daniel Zolnikov, R-Billings, said the universal opt out is "the big one" in the bill's provisions.

Read more: https://www.bozemandailychronicle.com/news/montana-data-privacy-bill-takes-effect/article_6e639b3b-12cb-53da-81fa-6f4dc97cf9c8.html?mkt_tok=MTM4LUVaTS0wNDIAAAGV7Scnpfm4snGNoLeMRHpIeAMdoeBmOsFu1SbCzHTjM21FQSQ1xFiUupWUG5ltY0r9x0kT7rTzLB3TK3rZJqQnFSR3wKxEn4w2pePfikxdHy2w

New Pittsburgh Ordinance Protects Workers Using Medical Cannabis: 4 Steps Employers Can Take Now

by Brian Balonick, Emily Town, Fisher Phillips - JD Supra

Pittsburgh employers must prepare for new workplace protections for medical cannabis patients due to a new anti-discrimination ordinance that will likely be signed into law. The new rules would prohibit employers from discriminating against employees or job applicants – including by requiring drug testing as a condition of employment – based on the individual’s status as a certified medical cannabis cardholder. We’ll explain everything you need to know and give you four steps you can take to prepare for the rules to take effect.

Read more: https://www.jdsupra.com/legalnews/new-pittsburgh-ordinance-protects-4133716

NJ issues notices to 25 landlords claiming they discriminated based on criminal records

by Megan Burrow - NorthJersey.com

New Jersey issued notices to 25 landlords across the state it claims illegally denied housing to applicants based on their criminal history, state Attorney General Matthew Platkin announced this week.  

The state Division on Civil Rights alleges the landlords violated New Jersey’s Fair Chance in Housing Act by asking criminal history-related questions on housing applications that are against the law, by stating to potential applicants that they would not consider applicants with prior criminal records, or by posting housing advertisements or maintaining housing policies that do not comply with the housing act.

Read more: https://www.northjersey.com/story/news/new-jersey/2024/09/20/nj-notifies-landlords-they-discriminated-based-on-criminal-records/75308480007/