Creating a fair and level playing field for employment remains a top priority for legislators nationwide. So, too, does the requirement to balance fairness with an employer’s need to select risk-free, experienced applicants. This balancing act is an ongoing effort, which means that background check compliance is rarely a solved problem for a business. There is always the chance that the law in your area could change.
During 2024, several new laws went into effect while the effective dates for other rules started to appear on the horizon. Employers should take note of these changes and investigate whether they should adjust their screening practices. With legislative sessions winding down, the country’s new background check regulations landscape has become more apparent.
Here’s what to know about what’s new and notable.
In recent years, the pace of new ban the box and Fair Chance laws has slowed. However, some states and local jurisdictions continue to take action on fair hiring. Several developments have occurred in Pennsylvania, and one California county has taken recent action.
Pennsylvania updated the state’s background check legislation through the Clean Slate Act in 2024, making several changes. These alterations include changes to the automatic expungement process and legal liability tweaks. The law also expands the number and type of convictions now eligible for eventual expungement. Individuals are only eligible if they have no additional convictions during the waiting period.
Automatic sealing of these records began in June 2024. Legislators also created a liability shield for employers. If you hire an individual with expunged convictions who then commits a crime, your business can’t be liable for negligent hiring.
Additionally, in Pennsylvania, Lehigh County has enacted a local ban the box law that applies to private employers. You can’t consider convictions unrelated to someone’s suitability for the role. You must also issue written notification explaining when you deny an individual due to their criminal history.
A Fair Chance law has expanded its scope to cover regions beyond the formal boundaries of communities in Los Angeles County. Businesses operating in the county’s unincorporated areas must now observe this law. Conditions include:
The law applies to employers of five people or more.
Medical and recreational cannabis usage continues to spread. Legalization efforts continue, with more states set to vote on the issue in 2024. As such, some states have adjusted the law in this area. Both Maryland and South Dakota have new regulations to note.
In June of 2024, Maryland began the process of automatically pardoning the majority of all cannabis-related drug convictions in the state. More than 175,000 records were affected by the change. Employers in Maryland should note that pardoned convictions may still appear on a background check. As such, you may wish to adjust your screening procedures to account for that information. Exercise caution when considering such reports.
South Dakota legislators have clarified that medical cannabis patients don’t have protections at work if their job is safety-sensitive. Employers may decline to hire medical cannabis users if they have a positive drug test during the job application process. Employers may also terminate current employees who test positive, even if they have an active medical prescription.
Some legislators continue to target the potential for discrimination in employee compensation. Asking about an applicant’s salary history can seem standard for some employers. It could help tailor a more competitive salary package. However, it could also create opportunities for underpayment or other unfair practices. A few new jurisdictions have joined the ranks of those that regulate asking about previous salary. They are:
Employers can’t ask job applicants about their prior salary history in all three. In Columbus and Lehigh, it’s illegal for employers to use public records to research pay history. Likewise, employers in those areas can’t contact an applicant’s past employers to ask about salary history. You cannot consider it even if the individual reveals their previous income.
However, in Minnesota, verifying salary or asking the applicant to disclose that information is not illegal.
From July 2024, employers must obey the California Workplace Violence Prevention Plan. This law requires that most employers in California develop a thorough plan to minimize the risk of violence in the workplace. This includes documenting the hazard assessment measures you’ll use to evaluate a business’s safety level.
A hazard mitigation plan that is as thorough as possible is ideal. Complying with the law reduces risk for the business and demonstrates that you’ve done your due diligence. The effective use of in-depth background checks can be a crucial component of your violence prevention plan. Likewise, ongoing criminal monitoring can assist you with these critical risk assessments.
There are a few small items to note in Colorado. As of 2024, job applications within the state cannot collect information about an applicant’s age, including their date of birth. The law also excludes when an individual attended or graduated from school from job applications. The goal is to reduce the impact of potential age discrimination.
Employers may collect this information later in the process but not in the initial application. For example, when you prepare to order a background check, you may request age-related details for verification.
Beginning in February 2026, Colorado will regulate the usage of AI tools deemed at high risk for potential abuse. Employers will not be able to use these tools for employment actions, such as choosing when to hire or fire someone. Only specific clerical tasks that AI can automate are permissible.
Each year, legislators tackle many issues in their states. Employment law and fair hiring practices remain a frequent topic during legislative sessions nationwide. As such, you should anticipate that the law in your area may not always remain static. Staying updated on what’s new and notable can help you prepare and adjust your practices.
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