by Katy Jo Richards - Dykema
Texas is considering HB 2466, a statewide ban-the-box bill that would restrict when employers can ask about criminal history.
The bill applies to public employers and private employers with 15 or more employees, but excludes certain regulated positions.
If enacted, HB 2466 would take effect September 1, 2025, requiring updates to hiring policies and practices.
by Ed Choi - Miller Nash
During the 2025 legislative session, Washington State enacted several new measures that will significantly impact employer obligations related to hiring practices and personnel recordkeeping. Two statewide bills—HB 1308 and HB 1747—make important changes to employee access to personnel files and the timing and use of criminal background checks in hiring. In addition, the Spokane City Council adopted a local ordinance restricting the use of residential address information in the early stages of the hiring process. These laws reflect a broader legislative focus on increasing transparency for workers and reducing barriers to employment. Read on to understand the implications of these new laws and learn what steps employers should take to prepare for these changes.
by MPP
HB 1, sponsored by Rep. Ed Osienski, would make possession of a limited amount of cannabis legal for adults 21 and older under Delaware state law.
A separate bill, HB 2, would legalize and regulate cultivation and sales.
The House passed both bills during the week of March 7 in 28-13 and 27-13 (with one absent) votes. On March 28, the Senate passed HB 1 in a (16-4) vote. The chamber also passed HB 2 (15-5) .The bills are now awaiting consideration from Governor John Carney (D).
Read more: https://www.mpp.org/states/delaware/delaware-hb-1-legalizing-simple-possession-bill-summary-old/
by Thomas Carnahan, Ph.D., Berkshire - JD Supra
Starting October 27, 2025 the city of Cleveland, OH will require private employers that employ at least 15 people within the city, as well as any employment agency acting on behalf of the employer, to provide salary ranges on all job announcements that are being advertised as well as “banning the box” on asking for salary history. While the new ordinance prohibits explicitly asking applicants for their salary history, using salary history is permitted under certain conditions.
Read more: https://www.jdsupra.com/legalnews/city-of-cleveland-to-enact-new-pay-9385565/
by Lucas Schaetzel, Benesch - JD Supra
Montana’s amendments also remove the cure period for alleged violations beginning in October, provide prescriptive methods through which businesses have to provide consumers with targeted advertising opt out rights, and increase the disclosures necessary in privacy notices.
On May 8th, Montana’s Governor signed new amendments to Montana’s Consumer Data Privacy Act that expand its applicability by decreasing the threshold triggers and narrowing existing exemptions and removing the existing 60-day cure period that businesses were previously granted for alleged violations. The cure period sunsets on October 1, 2025.
Read more: https://www.jdsupra.com/legalnews/montana-amends-consumer-data-privacy-7595829/
by Charlotte Rene Wood, Virginia Mercury - Daily News-Record
RICHMOND — Next summer, certain people with past convictions will be eligible to apply for their criminal records to be sealed — meaning long-past convictions won’t show up on background checks.
This can help people who have been formerly incarcerated and rehabilitated get a fresh start when applying for jobs, loans or apartments. The process stems from a 2021 law that underwent several years of workshopping before its delayed implementation.
by K&L Gates LLP, Claire Healy, Kathleen Parker, Erinn Rigney - JD Supra
Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to discrimination on the basis of protected classes.” Specifically, Illinois employers cannot use AI that has a discriminatory effect on employees, “[w]ith respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.”
The state attorney general’s office has released a new guide to help consumers and businesses understand a new state law that protects personal data. The Tennessee Information Protection Act will take effect on July 1.
Read more: https://www.nfib.com/news/news/tennessee-shares-new-guide-for-upcoming-consumer-privacy-law/
by Rod Fliegel, Chad Kaldor - Littler
Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or employees. The amended statute takes effect for most employers in July 2026 and so employers should plan to update their criminal record screening policies and standard forms of notice.1
by Kathryn J. Russo of Jackson Lewis P.C. - The National Law Review
The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be selected. Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599 (Iowa Sup. Ct. Apr. 11, 2025).
Read more: https://natlawreview.com/article/getting-clear-compiling-random-drug-testing-pools-iowa
