In the realm of modern employment practices, the utilization of background checks has emerged as a pivotal component in the hiring process. These checks serve as a critical tool for employers to assess the suitability of prospective candidates, ensuring both workplace safety and regulatory compliance. However, the landscape of employment practices continues to evolve. The Massachusetts House of Representatives approved a bill on March 14, 2024, which aims to ban employers from acquiring or utilizing credit reports for employment-related decisions. The legislation is anticipated to undergo Sena ..read more

In the swiftly evolving landscape of artificial intelligence (AI) governance, navigating the intricacies of policy, ethics, and technology integration has become paramount. As AI technologies continue to advance at an unprecedented pace, governments, organizations, and individuals grapple with the complexities of harnessing its potential while mitigating associated risks. On March 28, 2024, the Office of Management and Budget (OMB) issued and released Memorandum M-24-10, titled “Enhancing Governance, Innovation, and Risk Management in Federal Agencies’ Adoption of Artificial Intelligence.” Thi ..read more

As of 2023, Individuals in California convicted of most types of felonies, even those involving violent crimes, can request the expungement of their records, with the exception of sex offenses. Eligibility criteria require applicants to have completed their entire sentences, including probation, and maintained a clean record for two years without any re-arrests. Starting in July, the law will also aim for the state Department of Justice to conceal non-serious, nonviolent, and non-sexual felony convictions from public access once the defendant has finished their sentence and remained free of fu ..read more

A growing number of states have implemented statutes or policies commonly known as “salary history bans” or equivalent measures. Numerous states, such as California, Colorado, Illinois, New York, and Washington, enforce the requirement for employers to include salary ranges in job postings. Conversely, in Connecticut, Maryland, Nevada, and Rhode Island, employers must disclose salary ranges either by default or upon request during the interview stage, rather than in the job postings themselves. Alabama, Delaware, Hawaii, and Minnesota prohibit employers from requesting applicants’ salary histo ..read more

As of 2024, significant changes have occurred in the United States regarding cannabis regulations, as the majority of states have developed their own sets of rules governing its employment-related usage. These regulations are diverse and reflect the varying perspectives on cannabis legalization throughout the nation. Despite progress made on a state-by-state basis, individuals with legitimate medical marijuana prescriptions still encounter legal hurdles and uncertainties concerning their workplace rights and protections. Federal Law Challenges One of the primary factors complicating this issue ..read more

It has been over a year since New York City passed their pay transparency law, and the New York City Commission on Human Rights is cracking down on compliance. The Commission is diligently working to uphold legal standards and remains unwavering in its commitment, undeterred by instances of partial compliance. With complaints initiated by the Commission itself, even a single noncompliant job posting will prompt thorough investigation and pursuit. The pay transparency law requires employment agencies and employers to include a sincere salary range for any job, promotion, or transfer opportunity ..read more

By 2024, most states throughout the United States have recognized and enacted their respective cannabis workplace regulations. Despite state-level laws and acceptance, individuals holding valid medical marijuana prescriptions have encountered legal hurdles when it comes to workplace protections. While many states have legalized medical marijuana, the federal government maintains its classification of cannabis as a Schedule 1 drug, categorizing it among substances deemed to have no accepted medical utility and a high potential for abuse. Federal courts, including those interpreting the American ..read more

Effective September 3, 2024, a new Los Angeles County ordinance will require necessary revisions to job postings, conditional offer letters, procedures for evaluating criminal history, and associated notifications for the unincorporated regions of Los Angeles County. The ordinance bans language in job postings that discourages applicants based on criminal history (e.g., “No felons”). Instead, all job ads must state that applicants with arrest or conviction records will be considered according to the law. Employers must also list job duties where criminal history might affect job offers. Employ ..read more

Effective March 1, 2024, The City of Columbus will join Toledo and Cincinnati as Ohio’s latest city to prohibit employers from inquiring about a potential employee’s wage or salary history. The new ordinance deems it an “unlawful discriminatory practice” for an employer to: Inquire about an applicant’s salary history, encompassing current or previous wages, benefits, or other compensation. However, salary history excludes any objective measures of the applicant’s productivity, such as revenue, sales, or production reports. Evaluate job candidates based on their current or past wages, benefits ..read more

As medical marijuana and the non-prescription use of legal cannabis products continue to gain popularity, scenarios involving their presence are expected to rise. For employers seeking to safeguard their interests, here are some recommendations: Establish a proactive policy addressing legal substance use to safeguard job performance and safety. Tailor separate policies for safety-sensitive and less affected roles. Publicize the policy, provide a one-month grace period, then enforce it, considering the potential presence of marijuana in employees’ systems. Enforcing a no-cannabis policy in a s ..read more