Compliance News Flash - February 2020 #2

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.

  • Maryland has enacted a statewide “Ban-the-Box” law. The Maryland General Assembly overrode the Governor’s veto of the bill, S.B. 839. The law prohibits employers with 15 or more full-time employees from inquiring, before the first in-person interview, about an applicant’s criminal record or criminal accusations. The law takes effect on February 29, 2020. Notably, the law does not preempt the more restrictive ban-the-box ordinances enacted in Baltimore, Montgomery County, and Prince George’s County. Click here to read the text of the Act.

  • The City of Oakland, California has enacted an ordinance banning criminal background checks for rental housing. Other cities in California have passed similar ordinances which are limited to rentals for affordable or subsidized housing. The Oakland ordinance applies more broadly to nearly all rental housing, with a few exemptions including for rental property occupied in part by the owner and for certain sexual offenders. Click here to read more.

  • The Office of the Attorney General of California has issued a second draft of its California Consumer Privacy Act (CCPA) proposed regulations. The Office of the Attorney General will accept written comments on the revised proposed regulations until February 25, 2020. The revised proposed regulations clarify a number of definitions, including “personal information,” adding that whether information is “personal information” depends upon how the information is maintained such that if an IP address cannot reasonably be linked to a particular consumer or household, it is not “personal information.” The revised regulations also clarify the obligations surrounding submissions of consumer requests. For example, a business operating exclusively online that has a direct relationship with the consumer only needs to provide an email address for submissions of consumer requests to know. The revised regulations make changes to various other provisions of the regulations, as well. Click here to access the revised proposed regulations. FULL BRIEF