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New Jersey employers face new legal exposure following a May 26, 2026 court decision allowing private lawsuits for cannabis-based hiring decisions. While pre-employment drug testing for cannabinoid metabolites remains permissible, employers must carefully evaluate…
The DOJ’s 2026 decision to move certain medical marijuana products to Schedule III has created a “dual framework” under federal law. While the change recognizes accepted medical uses for some cannabis products, recreational marijuana remains federally illegal….
Maine has enacted a new law protecting medical cannabis patients from workplace discrimination, reinforcing job-related safeguards for registered users. The measure limits employers from taking adverse action against employees or applicants solely based on their…
A recent California court decision is a strong reminder that compliance in the background screening space is not just about checking the box— it’s about getting every detail right. In an alert, Atkinson, Andelson, Loya, Ruud & Romo highlights a case allowing…
The California Fourth Appellate District, Division One, recently held that an employee or job applicant does not need to prove actual harm beyond establishing a statutory violation to have standing under the California Investigative Consumer Reporting Agencies Act…
California has finalized regulations on automated decision-making technology (ADMT), strengthening consumer protections under state privacy law. The rules require businesses to disclose when AI is used in significant decisions, offer opt-out rights, and provide…
California employers can face lawsuits for even minor or “technical” violations of background check laws, especially under statutes like the Investigative Consumer Reporting Agencies Act (ICRAA) and related consumer reporting rules. Recent court decisions show that…
Companies are grappling with operational and legal challenges as they implement AI in HR systems. While AI tools can streamline hiring, performance management, and employee monitoring, they also raise concerns about bias, discrimination, and compliance with labor and…
The U.S. Third Circuit Court of Appeals clarified that Pennsylvania’s Criminal History Record Information Act (CHRIA)applies whenever an employer receives criminal history information, no matter the source. In Phath v. CentralTransport, the court ruled that an…
There are key Fair Credit Reporting Act (FCRA) requirements employers must follow when conducting backgroundchecks through third-party consumer reporting agencies. Before obtaining a report, employers must provide a separatewritten disclosure and obtain written…