EMPLOYMENT
SCREENING NEWS |
Number
of Employers Passing on Applicants Due to Social Media Posts
Continues to Rise, According to New CareerBuilder Survey
More employers are turning to social networking sites to find
additional information on potential candidates – and they’re
not entirely impressed with what they’re seeing. A new survey
from CareerBuilder found that 51% of employers who research
job candidates on social media said they’ve found content that
caused them to not hire the candidate, up from 43% last year
and 34% in 2012. Forty-three percent of employers use social
networking sites to research job candidates, up from 39% last
year and 36% in 2012. Additionally, 12% of employers don’t currently
research candidates on social media, but plan to start.
Read
more
Ruling Could Scrub Quarter of Sex Offender Registry
One-fourth
of the names on Maryland's sex offender registry are to be removed
after the state's top court expanded on an earlier ruling that
adding offenders from before the list was created violated the
state constitution. The Court of Appeals declared last year
that the state could not require the registration of people
who committed their crimes before October 1995, when the database
was established. State officials removed the one name in question
in that case but maintained that federal law required them to
keep older cases in the database. The judges ruled that federal
law doesn't override the state constitution.
Read
more
Theme Park Employees Caught in Sex Stings, Child Porn Arrests
There have
been at least 35 Disney employees arrested since 2006 and accused
of sex crimes involving children, trying to meet a minor for
sex, or for possession of child pornography, according to a
six-month CNN investigation. Five Universal Studios employees
and two employees from SeaWorld have also been arrested. So
far, a total of 32 have been convicted, with the remaining cases
pending. "Wherever you find children, you'll find sexual predators
that want to be there," said Polk County Sheriff Grady Judd.
Disney and other businesses that cater to children need more
leeway to use polygraph tests when hiring employees, Judd added.
Read
more
SHRM Employment Verification Survey Reviews Form I-9 and
E-Verify
The Society
for Human Resource Management (SHRM) has released the SHRM Employment
Verification Survey to capture information on the challenges
associated with the Employment Eligibility Verification Form,
Form I-9 and E-Verify, an Internet-based program that compares
information provided on I-9 Forms with data from U.S. government
databases. The SHRM Survey found almost half of organizations
currently using E-Verify reported experiencing no challenges
with the E-Verify process. For the rest, the most commonly identified
challenges included not replacing the Form I-9 process (23%),
the process for resolving tentative non-confirmations was unclear
(19%), and issues with the authenticity of documents presented
by employees (13%).
Read
more
CIC Now
Offers Fraud-Defender to Clients' Applicants: Increases Property
Management Companies' Revenue Stream
CIC
announced that clients may now include Fraud-Defender's industry-leading
identity fraud research, remediation and recovery systems in
their application process. By partnering with Fraud-Defender,
property managers will automatically provide each rental applicant
numerous consumer protection benefits, while increasing their
revenue stream from each rental application.
Clients,
who participate in the Fraud-Defender program, provide applicants
and their staff with a professional recovery advocate, who will
research credit reports, public records, and black market sites,
among others. In the event of identity theft, the advocate handles
all the work for the victim, with no time limit restrictions.
They also receive the added benefit of lost document replacement,
where the advocate works with the victim to cancel and replace
all debit and credit cards in the event of a lost or stolen
wallet. The advocate will also replace important credentials
and documents, should it be necessary.
Read
more
TENANT
SCREENING - continued |
RenterResume
Launches Innovative Smart Tenant Screening Platform and Redefines
the Residential Rental Market
RenterResume,
one of the leading providers of a cloud-based smart tenant screening
platform for small and mid-sized property management companies
and independent multi-unit landlords, announced its official
product launch. Known as the "Match.com" for landlords and renters,
RenterResume is transforming the tedious front-end process of
screening and approving renters, providing the needed credit
and background data to help landlords and property management
companies make informed rental decisions quickly, eliminating
redundant processes needed in paper-based tenant screening.
"This has
been a long-time coming, but we're excited that we have a tenant
screening product that stands apart from anything else in the
market," says Joshua Hines, CEO of RenterResume. "Multi-unit
landlords and property managers that don't oversee thousands
of properties can't justify the costs associated with many of
the big software companies in the rental market now. RenterResume
provides access to the same online tools used by larger companies."
Read
More
Alabama
Employers May No Longer Consider Certain Criminal Records for
Hiring Purposes
How and
when employers can request and use a person’s criminal record
information during the hiring process and for other employment
purposes has become a hot topic over the last few years at the
federal, state and local level. In the last 18 months, various
states and cities have enacted legislation regulating when an
employer can seek criminal record information in the hiring
process, what information can be sought and how the information
can be used. Effective July 6, 2014, Alabama joins the growing
list of states regulating employer use of criminal record information
for employment purposes.
Read more
U.S.
Census Bureau Down for the Count After Certification Ruling
in Criminal Background Check Case
A Magistrate Judge in the United States District Court for
the Southern District of New York granted partial class certification
in a case where plaintiffs allege that the United States Census
Bureau used arrest records to screen out job applicants, thereby
transferring disparities in arrest and conviction rates for
African-Americans and Latinos into the agency’s hiring practices
and setting up hurdles to employment that disproportionately
affected these groups in violation of Title VII. This case is
a reminder that employers should periodically examine their
criminal background check policies to ensure that they continue
to comply with developments in the law.
Read
more
International Safe Harbor Privacy Compliance: What You Need
to Know
Since early
2014, the Federal Trade Commission has charged at least fourteen
U.S. businesses in varying industries, from fashion to telecommunications,
for falsely claiming to participate in the U.S. – EU Safe Harbor
privacy. Three of the companies were also charged with similar
violations of the U.S. – Swiss Safe Harbor. The Safe Harbor
provisions were designed to provide U.S. and European organizations
a legal, cost-effective means for transmitting consumer data
outside of European countries, which maintain strict data privacy
laws. On June 25, 2014, the FTC reported approval of final orders
settling charges of U.S. – EU Safe Harbor violations against
the fourteen entities.
Read
more
New Alabama
Law Allows Expungement of Certain Criminal Records
A new law
in Alabama allows individuals to petition to have certain criminal
records expunged upon the payment of $300 in fees, plus court
costs, and following a successful petition to the court in which
the relevant charge was filed. This means that a prospective
employee would not be required to disclose on an employment
application criminal record information that has been expunged.
Offenses subject to expungement include misdemeanors and nonviolent
felonies. The new law becomes effective July 6, 2014. A petition
for expungement must be filed with the circuit court in the
location where the charge was filed.
Read
more
New Florida Data Security and Breach Law Effective July 1
Businesses
that maintain individuals’ confidential, personal information
may need to be more alert in protecting this data under the
Florida Information Protection Act of 2014, signed into law
by Governor Rick Scott. The new law, which some have called
one of the broadest and most encompassing data security breach
laws in the nation, imposes on covered entities a statutory
requirement to safeguard Floridians’ personal information, to
report a breach to the state attorney general, and to comply
with other affirmative obligations. The new law becomes effective
July 1, 2014; the previous statute (Section 817.5681, Florida
Statutes) is repealed.
Read
more
New Jersey
Senate Bill Would Prohibit Automatic Disqualification of Applicants
Based on Criminal Record
The Senate has introduced two (essentially identical) bills
(S2101 and S2102) that would prohibit public and private employers
from automatically rejecting current or prospective employees
based on their criminal record. The bill would require employers
to consider at least eight specific factors, including the specific
duties and responsibilities, the bearing the crime will have
on the employee’s fitness for duty, the time lapse between the
occurrence of the crime and the application for employment,
the age of the applicant when the crime was committed, and the
seriousness of the offense (among others). The bill has been
referred to the Senate Law and Public Safety Committee.
Read
more
Background
Check Lawsuits: If It’s Not One Thing, It’s Another
On July
1, a federal court in New York certified a class of unsuccessful
Hispanic and African-American applicants alleging the U.S. Census
Bureau discriminated against them by requiring applicants to
provide the Bureau with detailed information about their prior
criminal records and improperly rejecting applicants on the
basis of their prior criminal records. Houser v. Pritzker,
Case No. 10cv3105-FM (S.D.N.Y. Jul. 1, 2014). Specifically,
the plaintiffs are alleging that the Bureau’s policies had a
disparate impact on Hispanic and African-Americans because they
tend to have higher arrest and conviction rates than whites.
In Antoine
v. Aaron’s Inc., Case No. 1:14-cv-02120 (N.D. Ga. filed
Jul. 3, 2014), an unsuccessful applicant has filed a putative
class action against Atlanta-based retailer Aaron’s in Georgia
federal court alleging that Aaron’s violated the FCRA by rejecting
applicants or terminating employees without providing them copies
of background check reports prior to taking action.
Read
more
Welcome
to the U.S. Legal Challenge Question! |
Sponsored
By:
As the background
screening industry continues to get more competitive the firms
that will ultimately succeed will be those that create competitive
advantage through their people by offering continuous learning
opportunities to heightened their knowledge and capabilities.
We believe that having employees that are very knowledgeable about
the legal landscape of background screening is essential to continued
success.
We are grateful
to Larry D. Henry who began his law career with the Army JAGC
where he tried over 2,000 cases. After the Army he relocated to
Tulsa. In 1981, the founder of DAC Services contacted Mr. Henry's
firm for assistance in creating a background screening company.
Since Mr. Henry's practice was employment law, the firm believed
this fell within his area and as they say: "the rest is history".
His practice has kept him in continual contact with the background
screening industry, and he is a nationally recognized expert in
the area of background screening.
Mr. Henry's
practice is concentrated on employment law and in specific, background
screening of employees. He represents consumer reporting agencies
throughout the United States and two national trade associations.
He is the author of the Criminal Records Manual and the on line
reference site:CRAHelpDesk.com, and he is a frequent presenter
across the country on various topics dealing with background screening.
Please choose
your answer by clicking on it:
LEGAL
ISSUES
– BAN THE BOX |
Ban the
Box in Indiana: What Employers Need to Know
Companies
are rethinking the single check box on employment applications
that inquire about an applicant’s criminal history. Over sixty
cities and counties have taken steps toward eliminating job application
barriers that have traditionally disposed of candidates with a
criminal history. These steps are part of a movement referred
to as “Ban-the-Box,” which removes the question of criminal history
on job applications, and defers any criminal history inquiry until
later in the hiring process. As the law evolves at different rates
across the country, employers need to be aware of the applicable
laws in jurisdictions where they conduct business activities because
laws may vary.
Read
more
Ban the
Box: What's Next? Ban the Job Application?
The job application
needs a fresh look. For sure, employers need to collect basic
information like name, address and contact information. But like
the question about convictions, the question isn't if it can be
asked but when. So here's a crazy thought but one that might improve
the odds of finding that needle-in-a-stack skilled worker and
keep employers out of hot water. Ban-the-Box, Ban-the-Name, Ban-the-Address
-- that's the way a fair, valid and job relevant screening process
is supposed to work. It's also an innovative approach to help
employers identify highly skilled and qualified workers who are
currently sifted out of consideration for the wrong reasons.
Read
more
Illinois
Enacts New Law Impacting Inquiries on Criminal Background Checks
On July 19,
2014, Illinois Governor Pat Quinn signed into law the Job Opportunities
for Qualified Applicants Act, which will go into effect on January
1, 2015. The new law will restrict the timing of pre-employment
inquiries by Illinois employers about a job applicant’s criminal
past. The Act reflects the ongoing trend, at both the state and
local level, toward so-called “Ban-the-Box” laws that have been
enacted across the nation. The EEOC also has endorsed
this limitation in its updated guidance regarding consideration
of arrest and conviction records under Title VII of the Civil
Rights Act of 1964
Read
more
New Jersey’s
“Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version
More Employer-Friendly
The New Jersey
Legislature has given final approval to a slightly more employer-friendly
version of the state’s “ban the box” measure, which now heads
to Governor Chris Christie’s desk. Notably for employers, the
legislation explicitly provides that employers may refuse to hire
an applicant based on his or her criminal record unless the record
has been expunged or erased through executive pardon. As with
the previous iteration, the bill does not provide applicants with
the ability to sue employers in court for a violation of the law.
Instead, the applicant would have to file an administrative complaint.
Read
more
Alcohol
Deterrence Tactics: Current Testing Trends and Emerging Technology
to Support Sobriety
Substance abuse trends are heading in the wrong direction in the
U.S. And if you’re in the criminal justice field you know that
the number one drug of abuse in the U.S. is alcohol. Alcohol abuse
is often at the heart of the problems criminals have before and
after they break the law, yet alcohol testing of such individuals
is not nearly as common as it should be. To effectively address
substance abuse requires a balanced approach that includes both
drug and alcohol testing. And while traditional alcohol testing
methods involving breath can be difficult and somewhat cost prohibitive,
that doesn’t have to be the case.
Read
more (requires registration)
Will Minnesota's New Medical Marijuana Law Leave Employers
High and Dry?
Minnesota became the 22nd state to legalize medical marijuana
use and, as part of the new law, to enact new potential employment
protections for registered users of medical marijuana. Minnesota’s
new marijuana law has already gone into effect, but distribution
of marijuana for medical purposes is not expected until July 1,
2015. Employers should use this extra time to familiarize themselves
with the new law and its potential implications. It is currently
unclear if courts will strictly enforce the new state law against
employers or whether the federal law criminalizing all marijuana
use will trump the new state law.
Read
more
New York Becomes 23rd State to Enact Medical Marijuana Law
The Governor signed New York’s Compassionate Care Act, which will
permit limited use of medical marijuana by individuals suffering
from covered medical conditions, making New York the 23rd state
to legalize the use of medical marijuana. Of relevance to employers,
New York is one of only a few states that deem covered individuals
(“certified patients”) to be “disabled” categorically under the
state human rights laws. The law will create challenges for employers
as it relates to drug testing policies since it is unclear whether
an employer must excuse or accommodate a positive drug test where
the employee is a certified patient taking marijuana in approved
forms.
Read
more
Medical Marijuana Update
A CBD cannabis
oil bill becomes law in Missouri, the District of Columbia expands
its medical marijuana program, Michigan prepares to improve its
program, Berkeley will provide free medical marijuana for the
poor and homeless, an LA medical marijuana farmers' market gets
an injunction slapped on it, and more.
Read
more
Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, PRRN
Availability
of Criminal Records Online |
Only 65%
of Criminal Records are Online
A surprising number of courts do not have computerized record
keeping. Per the latest statistics taken from the Public Record
Research System 68% of civil courts and 65% of criminal courts
are online. There is no such thing as an instant national search
of criminal records.
Taken from BRB's Public
Record Research System.
Restrictions
on Use of SSA Index
Effective
March 26, 2014, the Social Security Administration Death Index,
also known as the Death Master File (DMF), has significant restrictions
to access on newer records. In a nutshell, unless the requester
is certified, they cannot be provided death record information
within 3 years of a subject's data of death. However, this ban
does not affect death records distributed/sold/in use prior to
March 26, 2014. Below are details.
Read the details
in the Federal Register at: www.gpo.gov/fdsys/pkg/FR-2014-03-26/pdf/2014-06701.pdf
KYC
Israel Becomes First Israeli Company to Join NAPBS
KYC Israel
has become the first Israeli company to join NAPBS. By joining
NAPBS, KYC Israel recognizes the mission of the association, to
promote ethical business practices, compliance with the FCRA,
equal employment opportunity, and state consumer protection laws
relating to the background screening profession.
KYC is prepared
to help firms to understand Israel’s business and cultural environment
which can be a challenging task. In the crossroads where East
meets West, Israel stands alone as a modern day success story
attracting twice as much venture capital as the USA and thirty
times more than Europe. With over 125 companies listed on the
NASDAQ, Israel has the highest number of listings outside of the
USA and China. When dealing with your Israeli connection, accurate
information retrieval is essential for your next business decision.
Whether for investment, screening, or compliance with regulatory
issues such as FATCA, FCPA, PATRIOT, OFAC and the Bank Secrecy
ACT, KYC Israel can provide the data you require.
KYC Israel’s
reach extends far beyond the borders of the Mediterranean and
Dead Sea. Our company has provided a gamut of research reports
for companies seeking information around the Globe.
For more information,
visit http://www.kycisrael.com.
Permanent
and Temporary Hiring to Increase in the Back Half of 2014
CareerBuilder’s
Midyear Job Forecast points to sustained job growth in the second
half of 2014. Nearly half of U.S. employers plan to add full-time,
permanent headcount over the next six months, and one-third plan
to hire temporary or contract workers – both improvements over
the same period in 2013.
“The results
of this year’s survey are indicative of a more assured employer
population compared to 2013 when companies were, to some extent,
irresolute when it came to adding permanent staff,” said Matt
Ferguson, CEO of CareerBuilder and co-author of The
Talent Equation. The 2014 midyear forecast shows
employers are expecting forward movement in all categories of
hiring.
Read
more
The Conference
Board Leading Economic Index® for the U.S. Increases
The Conference
Board Leading Economic Index® (LEI) for the U.S. increased
0.3 percent in June to 102.2 (2004 = 100), following a 0.7 percent
increase in May, and a 0.3 percent increase in April.
“Broad-based
increases in the LEI over the last six months signal an economy
that is expanding in the near term and may even somewhat accelerate
in the second half,” said Ataman Ozyildirim, Economist at The
Conference Board. “Housing permits, the weakest indicator during
this period, reflects some risk to this improving outlook. But
favorable financial conditions, generally positive trends in the
labor markets and the outlook for new orders in manufacturing
have offset the housing market weakness over the past six months.”
“Stronger
consumer demand driven by sustained job gains and improving confidence
remains the main source of improvement for the U.S. economy
Read
more
One
Site! Many Suppliers! |
2013-2014
SUPPLIERS TO THE BACKGROUND SCREENING
INDUSTRY BUYERS GUIDE NOW AVAILABLE!
Looking for the Top Suppliers in the Industry? Need to find a
new Supplier?
Visit our VENDOR SHOWCASE
which features suppliers to the Background Screening Industry.
Click
here or on image to get a copy
Kevin Coy is a Partner in the Washington DC office of Arnall
Golden Gregory LLP. Kevin
advises background screening companies and other clients on a
wide range of privacy and consumer regulatory issues, including
Fair Credit Reporting Act, Gramm Leach Bliley Act,
Drivers' Privacy Protection Act, and Dodd Frank Act compliance
issues, as well as data breach matters. Kevin also represents
clients with matters before the Federal Trade Commission, the
Consumer Financial Protection Bureau, and other consumer protection
agencies.
Kevin can
be contacted at Kevin.Coy@agg.com
or 202-677-4034.
THE WASHINGTON
REPORT
July 2014
It has been
a slow month in Washington when it comes to background screening
issues. As the month comes to a close, however, the Federal Trade
Commission’s (FTC) action against LabMD was the subject of renewed
interest on Capitol Hill. The FTC alleges that LabMD violated
Section 5 of the Federal Trade Commission Act as a result of lax
security practices that resulted in the exposure of the patient
information of more than 10,000 patients over a peer-to-peer network.
On July 25,
Chairman Issa, chaired a hearing by his committee titled, “The
Federal Trade Commission and its Section 5 Authority: Prosecutor,
Judge and Jury.” Chairman Issa was critical of the FTC, opining
that the agency has not provided adequate notice of what steps
a company must take to safeguard personal information.
On July 24th,
the day before Chairman Issa’s hearing on the matter, Senator
Jay Rockefeller (D-WV), Chairman of the Senate Commerce Committee,
sent a highly critical letter to Chairman Issa about what Chairman
Rockefeller described as the “impropriety of [Chairman Issa’s]
ongoing interference with an administrative trial” and “using
heavy-handed, bullying tactics to undermine due process and to
inappropriately assist the Defendant, LabMD.” Chairman Rockefeller
defended the FTC and its authority to bring information security
actions under Section 5 of the FTC Act.
Read
the full report
EVERIFY
& IMMIGRATION ISSUES |
New E-Verify
Feature
E-Verify will
now notify you when a case you enter has the same Social Security
number as another case entered in the last 30 days. This will
allow E-Verify users to catch and correct duplicate cases early
in the case creation process. This idea was submitted to E-Verify
Listens.
Read
more
STOP
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER: |
We can help
you have a high quality e-newsletter to help nurture your relationship
with your clients and attract new clients. Our customized newsletter
service will take over your newsletter task or create a new one
for you. We can manage the creation of your newsletter for you.
We are constantly
researching information to use for The Background Buzz and
you can put our research to use for you. Using the information
rich content from The Background Buzz (minus the ads
and competitors information) we will create a custom newsletter
for you.
Use your staff’s
time to do more valuable work and save all the hassle of researching
or writing articles, formatting and managing all the other ezine
tasks with our customized ezine process.
Contact Barry
Nixon at 949-770-5264 or at wbnixon@aol.com
for more information.
Grab a latte
and pull up a chair and join us for a great interview with Kristin
Stafford, COO International Screening Solutions, Inc.
Kristin shared that her partner
Chuck Papageorgiou and the CEO of ISS has been her “Mentor”
for years and before joining ISS she consulted for him in a prior
business venture. She had previously served as the head of Financial
Operations for a multi-billion dollar credit card company and
prior to that position she had spent years consulting as a Process
Engineer and Business Analyst for several Fortune 500 Companies.
She indicate that he called her and told her he
had invested in a Background Screening Company in Kennesaw, GA
(which is close to her home) and asked me if she would be willing
to join the company as a partner; I jumped at the chance to work
with Chuck again and to also have the opportunity to build a successful
organization around a product I knew was relevant and that I had
immense respect for.
Kristin added that her favorite aspect of this
industry is the strong relationships she has developed with professionals
from CRAs that ISS serves; these relationships are always reciprocal
with support, guidance and the mutual objective to ensure quality
services to our industry at all times.
She emphasized that she also stand strong in her
passion for what ISS delivers and will not compromise compliance
for any reason. She beamed as she share that the ability to be
proud of what you offer the world because you know it is of quality
and while it is hard work it is exceedingly enjoyable.
Changing the focus of our dialogue to the business
I asked her to share the mission and vision of ISS.
She shared that their mission is to provide compliant
and risk adverse background screening services while exceeding
our client’s expectations through quality, education and
unrivaled customer service.
Our vision is to be known as one of the substantial
contributors of compliant background screening services that helped
shape our industry and its longstanding goal to ensure ethical
and legally compliant products and services are the standard at
any cost, all the time.
She smiled as she happily announced (in advance
to its NAPBS partners only) the official launch of WorldWatchPlus
at the 2014 ASIS Conference in Atlanta, Georgia in September.
WorldWatchPlus offers one of the first Global Watch List, PEP
& Adverse Media “self-serve” solutions on the
market today that supports FCPA principals and is 100% FCRA compliant.
You could see and feel her deep felt pride in the release of this
new service.
She added that it is ISS’ operational emphasis
and strategic focus on data security and absolute adherence of
data protection laws globally that has developed the risk-aversion
practices that give our clients unrivaled security and stability.
In response to my favorite question regarding
looking into a crystal ball to predict what she sees happening
in the industry in ten years down the road, she responded without
hesitancy, “Ten years from now, I see the background screening
industry as much more efficient, compliant and viewed as a global
necessity in standard businesses practices.”
Back on the personal side Kristin shared that
she had recently read Joseph H. Ellis book, “Ahead of the
Curve’ and the person she indicated she would really like
to meet is Ronald Reagan. As we closed the interview she shared
her favorite quote, “You Only Live Once; This Is Not A Dress
Rehearsal!”
Thank you
Kristin for a very insightful and informative interview. To find
out more about International Screening Solutions Kristin can be
reached at Kristin.Stafford@intlscreening.com.
Forecasts
are Broadly Improved in Year-over-Year Comparisons; Indian Employers
Again Report the Most Optimistic Hiring Intentions Across the
Globe
Opportunities
for job seekers across global labor markets are expected to remain
mostly positive with few overall signs that hiring intentions
are decisively trending in one direction or another. Staffing
levels are expected to increase in 37 of the 42 countries and
territories, compared with 38 of 42 in the second quarter. The
strongest hiring plans across the globe are reported by employers
in India, Taiwan, Turkey, New Zealand and Singapore. The weakest--and
only negative--third-quarter forecasts are reported by employers
in Italy, Belgium, France and the Netherlands.
Overall, the
forecasts are generally softer across the globe when compared
to Q2 2014, but mostly stronger in year-over-year comparisons.
Outlooks strengthen in only 11 of 42 countries and territories
when compared quarter-over-quarter and weaken in 24. When compared
to Q3 2013, hiring intentions strengthen in 32 countries and territories
and decline in only six.
To view full
results for each of the 42 countries and territories included
in the research, plus regional and global comparisons
Read
more
One in Five Workers Drunk on the Job
Workplace
drug testing gets a fair amount of media coverage, but there is
a potentially far larger issue that employers need to be aware
of: alcohol. An Australian Drug Foundation survey found that nearly
one in five employees had performed work duties while drunk or
tipsy. A similar number admitted to pulling a sickie due to the
effects of alcohol, while about 40% said they’d gone to work while
still feeling the effects of their drinking. Alcohol and other
drugs cost Australian businesses $6 billion per year in lost productivity
and absenteeism, with alcohol use contributing to five percent
of workplace deaths and 11 percent of accidents.
Read
more
Irish High Court Refers Questions
to European Court of Justice: Can National DPAs Disregard Safe
Harbor?
In a new turn to the Maximilian Schrems case in Ireland, the
Irish High Court decided to refer several questions to the European
Court of Justice (ECJ), including whether national data protection
authorities in Europe may disregard the Safe Harbor decision of
the European Commission when assessing whether the U.S. recipient
of data ensures an adequate level of data protection required
under EU law. Depending on the outcome, European and U.S. companies
may not be able to rely on Safe Harbor to legitimise cross-border
data transfers in the future. It will be interesting to see if
the Court provides any rulings concerning the scope of European
data protection.
Read
more
Russia’s Internet Privacy Act Will
Have Wide Implications for Foreign Companies
Russia's State
Duma and Federation Council have adopted amendments to Russia’s
personal data protection act, which require that personal data
of all Russians is stored inside the country. This “data localization”
obligation will have a major impact on global social networking
companies but also other companies that transmit electronic communications
over the Internet. The Bill is waiting for the signature of Vladimir
Putin and may become effective on September 1, 2016. It means
that any foreign company using the personal data of Russian nationals
outside Russia must locate its servers in Russian Federation territory.
Otherwise, access to this type of information resource will be
blocked.
Read more
Criminal
Record Checking System Under Scrutiny by the Courts
In the case
of R (on the application of T) v Secretary of State for the Home
Department, the Supreme Court had to decide whether the UK’s criminal
records system breached the right to privacy contained in the
European Convention on Human Rights (Article 8). The Court of
Appeal decided that disclosing all their convictions and cautions
without considering their relevance in an employment contest was
disproportionate and breached Article 8. The Supreme Court upheld
the Court of Appeal’s decision, finding that the existing criminal
records scheme provided no means of filtering information so only
those convictions/cautions relevant to a particular job application
were disclosed.
Read
more
Dealing
With Lies in Job Applications
In difficult
economic times, job applicants may try to gain a competitive edge
by embellishing their achievements or omitting potentially damaging
information from their CVs. By inflating exam grades or fabricating
work experience, applicants not only risk embarrassment but may
commit a criminal offence under the Fraud Act 2006. Robust recruitment
practices, such as following up references and incisive questioning
at interview, have never been more important. If employers suspect
an applicant has been dishonest, they should go the extra mile
before making an offer and investigate that gap in employment
history or request copy certificates from the candidate or their
education provider.
Read
more
Jobs Rise by Nine Percent in the Past Year, While Competition
Remains High
The UK labour
market continues to improve with the number of jobs increasing
by nine percent year-on-year (YOY), according to statistics from
the Q2 2014 totaljobs.com Barometer, which analyses the behaviour
of 5.9 million British jobseekers and 5,000 recruiters. Competition
also rose, with the number of applications for each job rising
by three per cent year-on-year. The East Midlands saw the biggest
increase, with a 17 percent rise in the number of job postings,
followed closely by Yorkshire at 16 percent. Other big winners
included jobseekers in Wales, the North West, the North East,
and East Anglia, which saw job opportunities jump 12 percent YOY.
Read
more
Eamon Jubbawy: The Risk of a Bad Hire
Sixty two
percent of employers report having been affected by a bad hire
in the past year. The impacts are in time, money and morale. According
to CIFAS, the average total cost of internal fraud was £483,000
in 2013, the average cost of a redundancy settlement £12,000 and
the cost of a UK Border Agency fine for an illegal worker £20,000.
As a result, a bad hire can cripple an SME or an already-frail
business. Comprehensive and systematic background checks of prospective
employees are vital as a cornerstone in the prevention of fraud
and as protection from costly mistakes.
Read
more
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Background
Screening Jobs |
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Visit
the Job Board for the Employment and Tenant Screening Industry.
Here you will find resumes of people with industry experience
and employers seeking applicants with experience in Employment
and Tenant Screening and related businesses.
www.backgroundscreeningjobs.com
UPCOMING CONFERENCES, COURSES & EVENTS |
Feature
Education:
|
FCRA
Basic Certification Webinar Series Update
The
FCRA Basic Certification program series is now available
for purchase.
For
more information |
2014 Events ( Click
Here to View full list of Events ) - Updated
Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2013 Training
Course Schedule, visit
http://datia.org
SAPAA
Training Institute Learning Events, http://www.sapaa.com/
CUPA-HR
Conferences: http://www.cupahr.org/
World
Federation of People Management Associations, Events,
http://www.wfpma.com/events/by-region#quicktabs-tab-view__events__page_3-4
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