May 2024 Compliance News & Updates

Updates on important compliance topics and relevant industry news. 

Topics for May 2024

This month we will cover updates on the following: 

• Massachusetts Credit Check Restriction
• Compliance Vlog
• Fair Chance Laws
• Fair Credit Reporting Act
• Form I-9
• Marijuana Laws
• Pay Equity Laws
• Recent Compliance News 

COMPLIANCE UPDATES

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions 

The Massachusetts House of Representatives passed House No. 1434, which prohibits employers from requesting or procuring a credit report for employment purposes, among other things. The legislation contains narrow exceptions such as when a person is required by federal or state law to use a credit report for employment purposes. If passed by the Senate and signed by the Governor, the legislation will take effect on January 1, 2025. Read full update here  

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Fair Chance Laws

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal and California Law 

Los Angeles County, California passed Ordinance No. 2024-0012, the Fair Chance Ordinance for Employers, which applies to employers located or doing business in unincorporated areas of Los Angeles County with five or more employees. The ordinance regulates the consideration of criminal history in employment decisions and imposes many compliance obligations on employers. The ordinance will take effect on September 3, 2024. Read full update here 

First Lawsuit Under CA’s Fair Chance Act Filed Against Ralph’s Grocery Store: A Message for CA Employers to Comply 

The California Civil Rights Department filed a lawsuit against an employer over alleged violations of California’s Fair Chance Act. Read full update here 

Fair Credit Reporting Act 

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check 

In McKenna v. Dillon Transportation, LLC, the United States Court of Appeals for the Sixth Circuit held that the Fair Credit Reporting Act preempts state common law claims involving a furnisher’s reporting of information to consumer reporting agencies. Read full update here  

If You Use Background Checks to Vet New Employees, Don’t Do This…. 

In Kenn v. Eascare, LLC, the Massachusetts Appeals Court ruled that a plaintiff had standing to sue in Massachusetts court for violations of the Fair Credit Reporting Act even though the plaintiff was not able to articulate concrete, actual damages. Read full update here  

Form I-9  

Federal Government Issues Comprehensive Guidance for Employers Using Form I-9 Software Programs 

The U.S. Department of Justice issued a fact sheet that discusses what employers should keep in mind if they use private sector commercial or proprietary products to electronically complete, modify, or retain Form I-9. Read full update here  

Marijuana Laws

Another Brick in the Wall: New Hampshire House Passes Adult-Use Cannabis 

The New Hampshire House of Representatives passed House Bill 1633, which would legalize recreational marijuana. The bill is set to be reviewed by the New Hampshire Senate. Read full update here  

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job 

In Bartolotta v. Human Resources Agency of New Britain, Inc., the Connecticut Appellate Court held that an employer could terminate a qualified medical marijuana user who was impaired at work. Read full update here  

Federal Motor Carrier Safety Administration (FMCSA) Holding CMV Drivers Accountable 

Beginning November 18, 2024, State Driver’s Licensing Agencies (SDLA) must be compliant with the FMCSA’s October 7, 2021, final rule, which prohibits SDLAs from issuing, renewing, upgrading, or transferring a commercial driver's license or commercial learner's permit for any individual prohibited under FMCSA's regulations from performing safety-sensitive functions, due to one or more drug and alcohol program violations. Read full update here 

Florida Voters Could Legalize Recreational Cannabis This Fall: Here’s What Employers Need to Know 

The Florida Supreme Court found that a ballot initiative to legalize recreational marijuana met state constitutional requirements. As such, Florida voters will decide whether to legalize recreational marijuana on November 5, 2024. Read full update here  

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules 

In Skoric v. Marble Valley Regional Transit District, the U.S. District Court for the District of Vermont held that the federal Americans with Disabilities Act (ADA) does not protect medical marijuana use. Read full update here  

Pardon? Massachusetts Cannabis Offenders Given New Hope 

The Massachusetts Governor announced a plan to pardon misdemeanor marijuana convictions. Read full update here 

Pay Equity Laws

Maryland Expected to Expand Pay Transparency Requirements in Fall 2024 

The Maryland legislature passed House Bill 649, which requires employers to disclose in each public and internal posting for each position the minimum and maximum hourly rate or salary and a general description of benefits and any other compensation offered for the position. If signed by the Governor, the bill will go into effect on October 1, 2024. Read full update here  

New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024 

The District of Columbia Council passed Council Bill 25-0194, which requires, among other things, employers to provide the minimum and maximum projected salary or hourly pay in all job listings and position descriptions advertised. Read full update here  

Take a look at our list of additional Compliance Legislation!

IN THE NEWS

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts 

In Zack v. Integra Lifesciences Corp., the Superior Court of New Jersey Appellate Division opined that state action was required to assert a claim for wrongful discharge based on a violation of the First Amendment right to free speech and there was no state action because the plaintiff worked for a private employer. Read full update here   

Florida Legislation Will Increase Background Screening for Healthcare Professionals 

The Florida legislature passed House Bill 975, which expands the number of healthcare professionals who must undergo certain background screening requirements to become licensed. If signed by the Governor, certain healthcare practitioners who were licensed before July 1, 2024, must comply with the background screening requirements by July 1, 2025. Read full update here  

The 10 Things Employers Need to Know About Sweeping New Federal Data Privacy Law Proposal 

Congress proposed a comprehensive federal data privacy bill entitled the American Privacy Rights Act of 2024. Read full update here 

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