If your organization uses AI to screen resumes, rank candidates, or flag employees for promotion, Colorado’s regulatory landscape is coming into focus. On October 6, 2026, the Colorado Department of Law released an interim draft of rules (4 CCR 904-6) implementing the state’s automated decision-making technology (ADMT) law and its new chatbot law. With key
Facial Recognition and AI in Hiring: A Reminder for Maryland Employers
As AI-powered hiring tools become more widespread, it is important to remember that some states have acted early and their laws should be reflected in an organization’s governance, risk, and compliance program. Maryland’s Labor and Employment Code Section 3-717 which became effective October 1, 2020, is one example. We break down the key requirements and
Is a CCPA Risk Assessment Required When Using AI-Powered Hiring and Screening Tools?
Key Takeaways
- Examines how AI-driven hiring and applicant screening tools interact with the CCPA’s new risk assessment requirements.
- Identifies the CCPA risk assessment triggers most likely to apply—including automated decision-making and systematic observation of applicants.
Artificial intelligence has made significant inroads into the hiring process. Employers increasingly rely on AI-driven tools to screen resumes, analyze
Employers Get Ready – CCPA Employee and B2B Exemptions End, Expanded Privacy Compliance Begins in 2023
For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (“CCPA”) included an important partial exemption for employees, applicants, and independent contractors (collectively, “workforce members”). The California Privacy Rights Act, which amended the CCPA, extended the exemption through December 31, 2022. While many expected the exemption would be extended,
Are shareholders considered “consumers” under the CCPA?
It’s hard to understate the range of issues the California Consumer Privacy Act (the “CCPA”) raises for covered businesses and their service providers. One of those issues involves the meaning of “consumer.” If you have been following CCPA developments, you know that at least for the first 12 months the CCPA is effective, the new
FTC Issues Guidance for Background Screening Companies
Employers regularly turn to background screening companies in order to obtain information/reports about applicants and employees. The Fair Credit Reporting Act (FCRA) applies to companies that sell or provide these background screening reports if such a report meets the FCRA’s definition of a “consumer report.” A consumer report is a report which serves as a
The Growing List of States Protecting Social Media Privacy
As we have previously reported, a growing list of jurisdictions have enacted social media privacy laws applicable to employers. The most recent state to join the list is Maine, which brings the total to 22 states having enacted similar measures.
Under Maine’s law, an employer may not:
- Require or coerce an employee or
New Jersey Ban On Employer Access To Social Media Accounts
As we have previously anticipated, yesterday New Jersey joined the multitude of other states which have enacted laws limiting employer access to employee social media accounts.
The law prohibits employers from requesting or requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, a personal account. 
Additionally, the law goes on to prohibit employers from requiring an individual to waive or limit any protection granted under the law as a condition of applying for or receiving an offer of employment. Specifically, the law states that an agreement to waive any right or protection is against the public policy of New Jersey and is void and unenforceable.
The law also prohibits employer retaliation or discrimination against an individual because the individual: refuses to provide or disclose any user name or password, or in any way provide access to, a personal account; reports an alleged violation to the Commission of Labor and Workforce Development; testifies, assists, or participates in an investigation, proceeding, or action concerning a violation of the law; or otherwise opposes a violation of the law.
Notably, the law permits the Commissioner of Labor and Workforce Development to collect civil penalties in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation.
Based on the Governor’s recommendations, the final law does not prevent an employer from implementing and enforcing a policy pertaining to the use of an employer issued electronic communications device or any accounts or services provided by the employer or that the employee uses for business purposes.
While the law prohibits certain employer activity, it does permit employers to conduct investigations regarding: work-related employee misconduct based on information about activity on social media; or an employee’s actions based on information about the unauthorized transfer of an employer’s proprietary, confidential, or financial information to social media. Logically, the law also does not prevent an employer from viewing, accessing, or utilizing information about a current or prospective employee that can be obtained in the public domain.
It appears that New Jersey is just the next in the line of states which will adopt similar provisions limiting employer access to an employee’s personal social media accounts. While it is difficult to say the impact the law will have, at a minimum, employers must begin to assess their own internal hiring and human resources practices to make sure they comply with this law.Continue Reading New Jersey Ban On Employer Access To Social Media Accounts
New Mexico Joins Other States That Have Passed Social Media Privacy Laws
Add New Mexico to the list of states with social medica privacy laws
Continue Reading New Mexico Joins Other States That Have Passed Social Media Privacy Laws
California Becomes Third State to Limit Access to Employees and Students’ Social Media Accounts
And then there were three… Last week, California Governor Jerry Brown made his state the third in the union, following Maryland and Illinois, to limit access to employees and students’ social media accounts
Continue Reading California Becomes Third State to Limit Access to Employees and Students’ Social Media Accounts