2024 Legislative Annual Update

April 7, 2025 Tracy Vrchota

2024 Compliance Update 

The article below is for general purposes only and not to be interpreted as legal advice and may not be all inclusive of all regulations enacted that impact your organization.

Country /

Jurisdiction

Bill / Statute

Reference

Effective Date

Impact

Description

US / California

AB 3278

01/01/2027

Alcohol/Drug

Testing

A driver shall not operate a commercial motor vehicle if the department receives notice from the federal Drug and Alcohol Clearinghouse that the driver is prohibited from operating a commercial motor vehicle.

US / California

AB 1008

01/25/2025

Data Privacy /

Artificial

Intelligence

Introduces several crucial changes to the California Consumer Privacy Act (CCPA), with significant implications for businesses involved in AI development and data processing. The bill explicitly states that personal information can exist in various formats. This expansion is particularly noteworthy as it directly addresses the role of AI systems in processing and generating personal information.

US/ San Diego

County,

California

(Unincorporated

areas)

Ordinance 10914

10/10/2024

Ban The Box / Fair

Chance

San Diego County’s new Fair Chance Ordinance restricts how employers can use criminal background checks including, but not limited to:

Employers cannot inquire into or consider any criminal record history until after a conditional offer has been made.

Employers must make a written individualized assessment of the criminal record history and the nature of the job sought.

Employers may not fill the open position during the dispute unless exigent circumstances require the position to be filled immediately.

US/ Los Angeles

County, California

(Unincorporated

areas)

Ordinance 2024-

0012

09/03/2024

Ban The Box / Fair

Chance

The Ordinance includes the following requirements:

Employers to provide notice of their intent to conduct a background check

Prohibits inquiries into criminal history prior to the Employer/candidate/employee receiving a copy of the criminal background check report

Additional obligations for adverse action including, but not limiting to the following if related to criminal history: (i) sending via email and mail; notifying individuals of specific criminal offense(s); an initial and secondary individualized assessment and including specific language.

US/ California

SB 1100

01/01/2025

Discrimination:

Driver’s License

This law prohibits employers from advertising a position of employment that requires a driver’s license unless there is a reasonable expectation that driving is a function of the position. In addition, an employer would be required to show that using an alternative form of transportation would not be comparable in travel time or costs to the employer.

 

US / Colorado

SB 205

02/01/2026

Artificial

Intelligence

This law provides obligations related to employment and interactions with artificial intelligence systems.

 

US / Colorado

HB 1004

08/07/2024

Ban-the-Box / Fair

Chance

Bars state licensing boards from considering certain prior criminal records. Boards must also ensure that the criminal records directly correlate to the individual’s desired profession.

 

US / Colorado

SB 22-099

07/01/2025

Clean Slate /

Expungement

Colorado’s Clean Slate Act expands its protections to include arrests without charges and completed diversions. This will also include automatically sealing eligible non-conviction records when no charges were filed within one year.

 

US / District of

Columbia

D.C. Law 24-284:

Second Chance

Amendment Act of

2022

01/01/2026

Clean Slate/

Expungement

Washington, D.C., expands its criminal justice reforms mandating automatic expungement for decriminalized or legalized offenses, including marijuana possession. Also facilitates sealing for misdemeanor convictions after a 10-year waiting period. Retroactively, records for marijuana possession charges will be expunged by January 1, 2025. However, misdemeanor convictions will only be sealed by January 1, 2027, or 10 years after sentence completion.

 

US / Delaware

SB 111

08/01/2024 /

11/08/2021

Clean Slate /

Expungement

Clean Slate Act calls for the State Bureau of Identification to identify and expunge eligible records each month. When a record is scheduled to be expunged, the State Bureau of Identification shall notify all courts and law enforcement agencies that have any records regarding the case.

 

US / Florida

HB 975

07/01/2025

Background

Screening

Requirements /

Healthcare

Requires all health care professions licensed by DOH to undergo background screening as a requirement for initial licensure.

US / Hawaii

HB 1595

10/01/2025

Clean Slate /

Expungement

Will automatically expunge eligible low-level marijuana possession cases at no cost to the individuals affected and also affects those with convictions for possessing three grams of marijuana..

US / Hawaii

HB 2492

10/01/2025

Requirements/

DOT

Beginning November 18, 2024, the examiner of drivers shall not issue, renew, transfer, or upgrade a commercial driver's license; renew the Hazmat endorsement; or issue, renew, or upgrade a commercial learner's permit; if the results of a query to the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse is that the driver is prohibited from operating a commercial motor vehicle.

US / Illinois

SB 0508

1/1/2025

E-Verify

Imposes stricter guidelines on how employers can use E-Verify, requiring employers to provide additional information and protections to employees during the work authorization verification process. Employers must provide detailed explanations to employees if there is a dispute regarding their work authorization documents, including the specific document issue, reasons for the dispute, and steps to correct it.

US / Prince

George’s County

Maryland

CB-019-2024

09/16/2024

Ban-the-Box / Fair

Chance

Amends the county’s Fair Criminal Record Screening Standards for the purpose of prohibiting employers in Prince George’s County from inquiring into or considering certain past criminal records of prospective job applicants, subject to certain exemptions.

US / Maryland

SB 41

10/01/2024

Credit Reporting

Changes the requirements on prohibitions and what information can be included in a consumer credit report by a consumer reporting agency. Under the new bill, the exemption threshold for an individual in a position with an annual salary of at least $20,000 is increased to $75,000.

US / Maryland

SB 541

10/01/2025 /

04/25/2024

Data Privacy

The Maryland Online Data Privacy Act imposes obligations on individuals or legal entities that determine the purpose and means of processing personal data ("Controllers").

US/ Minnesota

HF2023 / SF 2055;

HF 4641 / SF 4714

01/01/2025

Clean Slate /

Expungement

Minnesota Clean Slate Act provides for the automatic expungement of eligible criminal records following the discharge of sentences and after a designated waiting period of 1-5 years, depending on the crime.

US / Nebraska

LB 1074

01/01/2025

Data Privacy

The Nebraska Data Privacy Act is a comprehensive privacy law that will provide privacy rights to residents of the State as well as impose compliance requirements on businesses that need to comply with this privacy law.

US / New

Hampshire

HB 1038

01/01/2025

Criminal Record

Reporting

Prohibits registered sex offenders from employment at businesses providing direct services to minors or direct supervision or oversight of minors.

US / New Jersey

S 2311

04/01/2025

Background

Screening

Requirements /

Healthcare

Requires criminal history background check for individuals seeking licensure issued by boards regulating certain health care professions.

US / New York

S7551A

11/16/2024

Clean Slate /

Expungement

It provides the Unified Court System up to three years from that date (until November 16, 2027) to set up the required processes to automatically seal eligible conviction records. Once that work is complete, convictions that are eligible will be sealed for certain civil background check purposes.

US / North

Carolina

S565 / SL 2024-35

07/08/2024

Clean Slate /

Expungement

Revises the laws governing the automatic expungement of records and the availability of expunged records.

US / Pennsylvania

Ordinance 2024-0705

09/24/2024

Drug Testing

The law protects both job applicants and current employees who are medical marijuana patients. Employers are prohibited from discriminating in hiring or employment because of the individual’s lawful status as a medical marijuana patient, including by requiring pre-employment testing for marijuana and conducting any such testing during the course of employment.

US / South

Dakota

SB 12

07/01/2024

Drug Testing

Permits employers to either fire or refuse to hire patients for “safety-sensitive jobs” if they test positive for THC metabolites on a drug screen. The legislation also prohibits patients from suing an employer for wrongful termination if they fail an employer-mandated drug test.

US / Texas

HB 4504

01/01/2025

Clean Slate /

Expungement

Certain individuals are automatically eligible to have their arrest records expunged if specific conditions are met.

US / Virginia

Code § 19.2-392.6

07/01/2025

Clean Slate /

Expungement

The law offers automatic sealing for certain misdemeanor convictions and dismissed charges, targeting offenses such as petit larceny, disorderly conduct, and misdemeanor marijuana violations. For most eligible offenses, the law imposes a seven-year waiting period during which individuals must maintain a clean record to qualify for sealing. However, marijuana-related violations under the now-repealed § 18.2-250.1, which previously criminalized certain marijuana-related activities, are immediately eligible for record sealing without a waiting period.

US / Virgin Islands

35-0115

09/22/2024

Ban-the-Box / Fair Chance

Expands on prior restrictions, prohibiting any inquiry or box on a job application related to criminal convictions. Employers are also prohibited from conducting a criminal background check until after a conditional offer has been granted. Employment applications must include a specific language. Employers may rescind a conditional offer for pending charges filed within the last six months, a felony conviction in the past five years or a misdemeanor conviction that occurred in the past three years. Prior to rescinding the offer based on such information, employers have additional obligations.

International /

Belize

Belize – Criminal Records Rehabilitation of Offenders Act 2024

08/01/2024

Clean Slate / Expungement

Employers may not be able to access certain past convictions on an individual's record if they have been expunged under the new law, depending on the specific circumstances of the offense and the individual's rehabilitation process.

International / EU

EU – Artificial

Intelligence Act

08/01/2024

Artificial Intelligence

Employers using AI for recruitment, performance evaluation, promotion decisions, or task allocation are considered high-risk and must comply with strict regulations including detailed risk assessments, transparency measures, and human oversight. Certain AI applications are completely prohibited, including systems designed to infer emotions in the workplace, which could lead to discriminatory practices. Employers must inform employees when AI is being used to make decisions about them, explaining how the AI system works and the factors considered.

Federal / Agency

FAA – PRIA Forms

8060-12 and 8060-

13

09/09/2024

Please note: we are still monitoring FAA 8060-13

FAA Requirements

The FAA's transition from the Pilot Records Improvement Act (PRIA) to the Pilot Records Database (PRD) means that all pilot record access and reporting will now be done through the PRD system, effectively ending the use of PRIA procedures on September 9, 2024, with all historical records required to be submitted to the PRD by that date.

Federal / Agency

DOL – Artificial

Intelligence and

Worker Well-Being:

Principals and Best

Practices for

Developers and

Employers

Publication Date: 10/30/2024

Artificial Intelligence

To help employers and AI developers implement these Principles, the Department of Labor is issuing this set of Best Practices. The Principles and Best Practices apply to the development and deployment of AI systems in the workplace, and should be considered during the whole lifecycle of AI The Principles and Best Practices are not intended to be an exhaustive list but instead a guiding framework for businesses. AI developers and employers should review and customize the best practices based on their own context and with input from workers. Best Practices include: Ethically Developing AI; Establishing AI Governance and Human Oversight; Ensuring Transparency in AI Use; Protecting Labor and Employment Rights; Using AI to Enable Workers; Supporting Workers Impacted by AI; Ensuring Responsible Use of Worker Data.

Federal / Agency

DOT – OST – 2022-

0027

Publication Date: 10/15/2024

Drug Testing

The Department of Transportation (DOT) proposes to amend its regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry to allow, but not require, electronic signatures on documents required to be created and utilized under the regulations, the use of electronic versions of forms, and the electronic storage of forms and data.

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