ENACTED LEGISLATION
ALBANY COUNTY, NEW YORK: Pay Transparency Law Takes Effect
Summary: County employers are now required to disclose expected pay ranges for open positions.

Local Law "E" (which took effect in February, 2023) was first introduced in May, 2022. The law is an amendment to the Albany County Omnibus Human Rights Law, banning employers from advertising a job, promotion or transfer opportunity "without stating the minimum and maximum salary or hourly wage for such position in such advertisement." This law does not apply to temporary employment opportunities.

In 2022, Governor Kathy Hochul signed Senate Bill S9427A, reflecting a pay transparency law in New York state, similar to the one that recently took effect in Albany County. This law is slated to take effect in September, 2023.

Impact(s): Albany County, New York employers
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FLORIDA: Florida Governor Signs the Florida Digital Bill of Rights Into Law
Summary: On June 6, 2023, Governor Ron DeSantis signed into law the Florida Digital Bill of Rights (FDBR). SB262 becomes effective on July 1, 2023. The law applies to businesses with more than $1 billion in gross annual revenue. Some provisions of the law include: opt-out rights for voice and facial recognition technology, restrictions on surveillance, restrictions on government moderation of social media platforms, restrictions on websites and online services accessible by children, mandatory disclosures for search engines, mandatory data retention schedule, and new notice regarding sales of sensitive and biometric data. The law also prohibits controllers from processing sensitive data without obtaining consumer consent and further requires controllers to publish privacy notices.

Exemptions include:

Entity-level:

  • government entities;
  • nonprofit organizations;
  • higher education institutions;
  • financial institutions subject to the Gramm-Leach-Bliley Act (GLBA); and
  • "covered entities" under the Health Insurance Portability and Accountability Act (HIPAA).

Data-level:

  • protected health information under HIPAA;
  • data subject to the GLBA;
  • certain other health- and patient-related information under federal regulations and state laws;
  • certain employment-related data; and
  • information governed by and/or processed in accordance with other privacy laws, including the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act, the Driver's Privacy Protection Act, and several others.
Impact(s): Florida employers
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NORTH DAKOTA: Medical Marijuana Statute Amended
Summary: Lawmakers passed Senate Bill 2388 in April, 2023, clarifying what actions employers may take in disciplining employees who are medical marijuana cardholders.

Previously, North Dakota Century Code Section 19-24.1-34 stated that medical marijuana cardholders could still be prohibited from and disciplined for possessing, consuming or working under the influence of marijuana in the workplace. However, the statutory language was problematic due to the lack of accurate testing available to determine if an individual was "under the influence" of marijuana at any given time.

To remedy this, SB 2388 broadens the discipline and prohibition rights for North Dakota employers. Beyond the original permissions, employers may now also prohibit and/or discipline an employee for "working with marijuana in the employee's system."

Impact(s): North Dakota employers
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PROPOSED LEGISLATION
NEW YORK: Clean Slate Act Passed by Senate
Summary: If signed by Governor Hochul, the Clean Slate Act, Senate Bill 7551A, will allow for the automatic sealing of criminal history records for certain convictions after a certain amount of time has passed. Upon taking effect, criminal conviction records would be sealed immediately based on the below guidelines:
  • Misdemeanors would be sealed three years from the individual's release, or the imposition of sentence if there was no sentence of incarceration.
  • Felonies would be sealed after eight years from release.

Class A-1 felonies and convictions requiring registration as a sex offender would not be eligible for sealing.

Employers will not be permitted to make any inquiries regarding or discriminating against individuals based upon automatically sealed conviction records. This bill will take effect one year after being signed by the Governor.

Impact(s): New York employers
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