ENACTED LEGISLATION
CALIFORNIA: California enacts law regarding E-Verify system 
Summary: AB 622 prohibits employers from using the E-Verify system to check the employment authorization status of existing employees or applicants who have not received an offer of employment, except as required by federal law or as a condition of receiving federal funds.
Impact(s): California employers
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INDIANA: Indiana amends law concerning background check requirements under the child services and juvenile laws
Summary: Indiana amended the law to make changes to child services and juvenile laws concerning criminal background checks.
Impact(s): Indiana employers
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NEVADA: Nevada enacts law to provide for name-based search of records of criminal history
Summary: Nevada has enacted a law to provide for the establishment within the Central Repository for Nevada Records of Criminal History of a service to conduct a name-based search of records of criminal history.
Impact(s): Nevada employers
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OKLAHOMA: Oklahoma amends law with respect to medical foster care homes
Summary: SB 115 adds medical foster homes approved by the U.S. Department of Veterans Affairs to the definition of "employer" for purposes of requiring criminal background checks on nurse aides prior to employment.
Impact(s): Medical foster homes
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OKLAHOMA: Oklahoma amends background check law for out-of-state teachers
Summary: The measure requires the State Board of Education to issue teaching certificates to certain out-of-state teachers and requires those teachers to pay for and provide to the Board a current Oklahoma criminal history record check and a national criminal history record check.
Impact(s): Educators and education employers
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COURT OPINIONS
U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA: Court denies motion to dismiss FCRA claim
Summary: A U.S. District Court denied a motion to dismiss FCRA claims by an individual who alleged that a job offer was withdrawn due to erroneous information in his consumer report. The court found that the plaintiff had Article III standing to sue under the Act because he sufficiently alleged an informational injury that was traceable to the defendants' conduct and was redressable with money damages.
Impact(s): FCRA compliance – for general legal review
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OTHER UPDATES
FAIR CREDIT REPORTING ACT: Class-action lawsuit filed against Waffle House for alleged FCRA violations
Summary: A class-action lawsuit was filed against Waffle House for alleged violations of the FCRA. The plaintiff claims Waffle House did not provide the proper disclosures prior to running a background check, did not provide a copy of the background check report prior to taking adverse action and did not provided a separate post-adverse action notice, all of which violated the FCRA.
Impact(s): FCRA compliance – for general legal review
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NEW YORK CITY FAIR CHANCE ACT: The New York City Commission on Human Rights has published a Fair Chance Act Notice that employers can use to comply with Article 23-A requirement
Summary: Under Article 23-A, a New York City employer must use a multi-factor analysis to determine whether a sufficient nexus exists between the offense and the position sought prior to taking adverse action based on an applicant's criminal record. The Fair Chance Act Notice may be used by employers to comply with the requirement that the employer must provide a written copy of the Article 23 analysis to an applicant.
Impact(s): New York employers
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SAFE HARBOR: Data-sharing pact between U.S. and EU reached in principle
Summary: In a speech before the civil liberties committee, Commissioner Vera Jourova said that the European Commission had resumed discussions with the U.S. and that there was an agreement in principle with the U.S. on a data-sharing pact to replace the Safe Harbor agreement.
Impact(s): Organizations transferring data out of the European Union
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