Laran kontenti tebes atu hasoru malu ho ita ! (pleased to meet you)

Did you see our new Accreditation Profile in The Workplace Violence Prevention eReport which is distributed to the HR and Security community? The Accreditation Profile features a firm that has earned NAPBS® Accreditation. We started the column with a feature of one our Diamond Sponsors, EBI, and in the June edition will feature OpenOnline. Once we have featured all of our Diamond Sponsors that are accredited we will make the column available to other accredited firms in the future. Stay tuned to see how your firm can help spread the word about your firm having earned accreditation.

Wondering how to get your company on the front page of It's easy! Just join us as a Diamond Sponsor. We will place your firm's live logo on the landing page of Click here for more information on the Diamond Sponsorship.

Did you see Priority Backgrounds new ad ? It's really great.

The Best Advertiser Awards Program is here! Our judges have chosen the finalist for the 'Best Advertising Awards' competition for suppliers to the background screening industry that have placed an advertisement in any of our background screening related publications. You, our readers will decide the winners so be sure to vote for the best advertisers and get a chance to win some great prizes in the process. Click here to view a quick slide show of the finalists and cast your vote.

We will be distributing the 2014-15 Annual Background Screening Industry Buyers Guide to more than 20, 000 HR Managers starting with our launch of the Guide at the SHRM Annual Conference in June. If you are attending the SHRM Annual Conference come by our booth to say hello.

Thanks to all the advertisers in the 2014-15 Buyers Guide.

Don't forget! You are invited to post articles, press releases, announcements, white papers, the Knowledge Center at no charge. We invite you to include hyperlinks to your web site and/or a registration form to capture leads.Submit Article to the Background Screening Knowledge Center. This is a complimentary service to the background screening industry. Thanks to the firms that have contributed to the Knowledge Center which is emerging as a major information portal for the HR community.

In case you missed the May Special International edition, click here to get your copy.

Thanks for joining us again this month. We genuinely appreciate your patronage.

Stay healthy and safe!

P.S. - Laran kontenti tebes atu hasoru malu ho ita ! means 'pleased to meet you' in Tetum. The lingua franca and national language of East Timor is Tetum, an Austronesian language influenced by Portuguese.T


Volume 10, Edition 5, May 2014




Talk About Bad Company: The True Cost of a Bad Hire

Hiring the wrong person for a position is an expensive mistake for a company to make. In a recent Career Builder survey, 42% of companies reported that a bad hire cost them at least $25,000 in the past year, and 25% reported a loss of at least $50,000. But for small companies, where every employee often juggles many important responsibilities, the cost of a bad hire can be even more devastating - up to $190,000 according to a report by Association of Certified Fraud Examiners. To avoid hiring the wrong person: Keep your references close; Be proactive; and Kick those tires.

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OPM's Crackdown on Background Check Fraud Leads to Jail Time -- For Some

A USIS background investigator has pleaded guilty to charges stemming from falsifying a report. The charge could carry a penalty of five years in prison. In addition, The Justice Department has accused USIS, the government's largest contractor for providing background investigations, of shortcutting more than 665,000 background checks for more than four years beginning in 2008. But it's far from the first time a lone security-clearance investigator has faced tough penalties for falsifying background investigations. Since 2008, the Office of Personnel Management (OPM) has been on a crusade to root out falsification in background investigations using the courts.

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On the Importance of Transatlantic Bridge Building

Jacob Kohnstamm, chairman of the Dutch Data Protection Authority and former chairman of the Article 29 Working Party, has announced a promising new transatlantic privacy initiative called the Privacy Bridge Project. The initiative seeks to develop practical solutions to bridge the gap between European and U.S. privacy regimes. The Privacy Bridge Project is an especially welcome development in the wake of last summer's transatlantic fallout from the Snowden controversy. The rewards for the EU and U.S. are immense and they have a chance to arrive at a common privacy framework that can set the standard the rest of the world can follow.

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Botched Background Check Cost Manhattan Dad His Job Offer

Kevin Jones, a Manhattan man says he was offered a job by Halstead Management as a doorman, only to have the offer rescinded after a background check reported incorrectly that he had felony and misdemeanor convictions. Jones told Halstead there'd been a mistake, and Halstead referred him to Sterling, which stood by the report, the suit says.

Mr. Jones has filed a lawsuit alleging that Sterling Infosystems, the background screening firm, reported the record of another Kevin Jones, whom had a different middle name, and belonged to a different race and did not verify the information with a court record check.

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GW To Require Background Checks For Faculty Candidates

GW will perform background checks on top faculty candidates next year to screen for sexual offenses and major criminal charges. The proposal for increased oversight came from a faculty-led task force's study released last fall. Officials gave nearly three dozen recommendations for adding protections for minors and increasing transparency, modeled on the report of the sex abuse scandal at Pennsylvania State University.

The University is specifically concerned about anything that will raise a safety or security risk with their students, many of whom are minors. That is the overall focus and intent in what we're doing in pursuing a background check expansion.

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Big Ten Background Check Trend To Be Implemented At University of Illinois

The University will now require all new hires to undergo a background check. "This is something that we have been thinking about for a while," said Maureen Parks, associate vice president for human resources. "Sometime after the first of the year, President (Robert) Easter and Chancellor (Phyllis) Wise asked us to take a serious look at this and to implement changes to our background check policy."

Previously, the University only performed background checks on hires that were in "sensitive" situations: working with children, firearms, University funds or medical patients.

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U.S.-EU Data Privacy Rules Won't Cause Regulatory Headache: Official

U.S. companies will not face a much heavier compliance burden when new rules governing the protection of personal data between the United States and European Union come into effect, a senior Commerce Department official has stated.

After revelations about U.S. National Security Agency surveillance caused an uproar in Europe, negotiations are underway about changes to the "Safe Harbor" agreement that allows companies that gather customer information in Europe to send to the United States.

Some Commission recommendations were easy to adopt, like asking companies to include a link to the alternative dispute resolution provider in their privacy policy or the way the Commerce Department website presents the list of participating companies, he said.

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The Bruce Berg Report on the 2014 NAPBS Legislative and Regulatory Conference

At this conference there were no breakout sessions, no FCRA 101 training or similar education sessions. Everyone was in the same presentations at the same time. Based on input from others and an explanation of the main purpose of the conference, I think the board was 'right-on' to structure the conference in this manner and there were some fantastic speakers.

Big issue is all the laws being passed that require a background check and this is defined as a fingerprint check via the FBI. There are 128 current bills that related to background checks.

Business is up very nicely for most during Q1 and especially in Feb and March. While the unemployment rate is no longer falling, there is still turnover and we are needed. CRAs are continually looking for new products/services to add to their product line.

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Undocumented Immigrant Housing Ban Allowed by High Court

The U.S. Supreme Court refused to say whether states and cities can bar landlords from renting to undocumented aliens. The justices turned away a challenge to a Nebraska law that civil rights advocates said conflicts with federal immigration measures. A St. Louis-based federal appeals court upheld the law, putting it at odds with appellate courts that have considered similar measures elsewhere. The Supreme Court previously put limits on what states and local governments can do to crack down on illegal immigration. Since then, the Supreme Court has repeatedly sidestepped the issue of anti-harboring laws.

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Housing Court Continues to Sell Tenant Blacklist

Tenants who have been sued in Housing Court can be added to a "blacklist," which the court sells to tenant screening companies. The blacklist is then used by landlords and management companies to screen tenants. Companies pay the court a $20,000 fee and $350 weekly to get daily updates. Landlords and brokers argue that the list helps them avoid renting to deadbeats. Since 2012, Housing Court has stopped selling names to screening companies but they continue to sell index numbers for court cases. However, it is still possible to match index numbers to the tenants' names.

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Senate Bill Targets Credit Furnisher Responsibilities Under FCRA

The Stop Errors in Credit Use and Reporting (SECURE) Act of 2014 ( S.2224,) was introduced in the U.S. Senate. The bill would amend the Fair Credit Reporting Act (FCRA) to place new requirements on both credit reporting agencies and companies that furnish information to those agencies.

The SECURE Act would direct the CFPB to establish minimum procedures that a CRA must follow to ensure maximum possible accuracy of consumer reports. When errors are caught, the bill would require CRAs to gather and report information on consumer disputes and resolutions. The legislation would provide injunctive relief as a remedy for consumers who sue CRAs under the FCRA and hold CRAs accountable to the FTC for negligent violations of the FCRA.

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Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014.Tennessee Governor Bill Haslam has signed his own state's password protection law. This new law goes into effect on January 1, 2015. The Tennessee law, known as the Employee Online Privacy Act of 2014, has many of the same prohibitions and exceptions found in similar state laws. There are, however, some key differences that render the law broader in certain aspects, while narrower in others. Employers with operations in Tennessee should understand the new law's basic requirements as well as its differences from similar laws.

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Swift Makes $4.4 Million Settlement With 160,000 Driver Applicants Over Background Checks

Swift Transportation has agreed to a $4.4 million class-action settlement in the case involving claims that the carrier violated stipulations of the FCRA by not disclosing to driver applicants that it could access background checks and not allowing applicants to contest the carrier's findings. The settlement applies to any driver applicant for Swift between July 2008, and September 2012, for whom Swift obtained a background check, motor vehicle history report or consumer report and did not first have an in-person interaction with. Class members have 60 days from the settlement's final court approval to opt out and pursue separate legal action.

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Colorado High Court to Rule on Rocky Mountain High

The issue of medical marijuana continues to make news in Colorado. Earlier this year, the Colorado Supreme Court agreed to hear an appeal of the 2013 Colorado Court of Appeals ruling in Coats v. Dish Network, which analyzed the relationship between Colorado's medical marijuana law and Colorado's Lawful Activities Statute. The Lawful Activities Statute prohibits employers from taking adverse employment actions against employees who engage in lawful activities outside of work. The Court of Appeals concluded that since marijuana use remains unlawful under federal law (for medical purposes or otherwise), off-duty medical marijuana use is not protected as "lawful activity" under Colorado's Lawful Activities Statute. Thus, the employer lawfully discharged the former employee for off-duty use of medical marijuana even though the use was pursuant to Colorado's medical marijuana law.

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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, and he is a frequent presenter across the country on various topics dealing with background screening.

Please choose your answer by clicking on it:


ABC Corporation is a regular client that obtains background screening from you on a regular basis as part of its hiring process. ABC has 500 employees and recently decided that it should conduct periodic background screening on its workforce because its employees have regular contact with customers and employees must sometimes be in its customers’ homes. All of these employees had a background screening at the time of their employment and ABC provided a disclosure and obtained a release at that time. Can you simply process orders from ABC for supplemental screenings on its current employees when requested?

A Yes, so long as you verify that all of these employees signed a release at the time of hire which allows ABC to conduct a background screening.

B Maybe, it depends on the language in the release signed.

C No, an employer must obtain a release each time it requests a background screen on a current employee so the employee is aware that the screening is occurring.

D Maybe, depending on whether there is a legitimate business reason for the decision to have periodic screenings performed.



L.A. County Considering Background Checks iOn Ice Cream Truck Vendors

The Board of Supervisors unanimously instructed its staff to explore regulations that would mandate fingerprinting and a criminal history report for those seeking a license for a business that serves children.

The board asked for a report back in 60 days listing businesses whose primary clientele is unsupervised children, along with an analysis of the additional cost and time needed to conduct background checks on vending applicants.

"By adding another level of scrutiny to the way we issue business licenses in Los Angeles County, we can do a better job of protecting our communities and keeping our children out of harm's way," Knabe said.

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Missouri Looks To Run Background Checks on Health Care Advisors

The Missouri Legislature passed a bill that requires background checks for individuals who will assist others selecting health insurance through the federally run website, Senate Bill 508 requires anyone applying to be a navigator (the term used to define these health care advisers) to supply two sets of fingerprints to the Missouri State Highway Patrol to be used for criminal background checks.

Gov. Jay Nixon has until mid-July to decide whether to sign or veto the legislation.

Read more


'Ban the Box' Fair Hiring Policies Take Hold Around the Nation

San Francisco is again in the vanguard of the ban-the-box movement. This time it's called the Fair Chance Ordinance, and instead of city jobs, the law requires private employers, city contractors, and some housing providers to consider applicants on their merits first, not on their past mistakes. If 2013 is any indication of what's to come, we can expect ban-the-box to soon reach a tipping point. Inspired by the successes in the United States, the campaign has even taken hold in the U.K., where an organization launched an effort encouraging businesses to give people a second chance by removing the "tick box."

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Baltimore Becomes the 10th Jurisdiction to "Ban the Box"

On May 15, 2014, the City of Baltimore, Maryland, became the tenth U.S. jurisdiction to "ban the box". Although Baltimore city council members tout the new ordinance as the most progressive law banning the box in the U.S., the ordinance is closer to the middle of the pack. This may be a relief to employers because each ban-the-box law has tended to be tougher than the last. To comply with the ordinance, which will go into effect on August 13, 2014, covered employers should: Determine whether the ordinance applies; Review their employment application; and Revise their hiring procedures.

Read more

Ban The Box: Nebraska Removes Criminal History Questions From Job Application

The State of Nebraska became the 11th state in the country last week to remove questions about an applicant's criminal record from employment applications; a big victory for previously incarcerated persons seeking a second.
Now that the law known as Ban The Box is going into effect in July, Riley is hopeful it will make a difference in the lives of others.

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'Ban The Box' on Its Way To Delaware Governors Desk

'Ban the Box,' the name of a measure that would prohibit most public agencies in Delaware from requiring job applicants to disclose their criminal history during the early steps of the hiring process passed the Delaware Senate. Gov. Jack Markell mentioned the effort, which passed 15-5, during his State of the State speech earlier this year.

Under the legislation, employers could only ask a job candidate about their criminal background once the first interview was completed. Sen. Bryan Townsend, D-Newark, said the legislation is a step in the right direction to assist those with a criminal charge who are trying to get back on their feet.

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Madison Taking Steps To 'Ban The Box' About Criminal History On Job Applications

Madison Mayor Paul Soglin and Ald. Maurice Cheeks introduce a resolution that would direct the city human resources director and the city attorney to come up with recommendations for eliminating questions regarding prior criminal convictions from city applications. Those issues would come up later in the hiring process, most likely after a candidate's qualifications have been established and an interview has been scheduled. At that time, prior convictions would only be an issue if the circumstances are relevant to job duties.

Soglin said that while the focus is currently on changing the city's application process, in the future, it is hope to influence the private sector to follow their lead.

Read more

Rochester Considers Whether To 'Ban The Box'

"Check 'yes' if ever been convicted of a felony." That one box on job applications was the center of some heated conversations at City Hall. Called "Ban the Box," the legislation would take away an employer's right to ask if a person is a convicted felon on job applications. Submitted by Councilman Adam McFadden, the ban would apply to city employers or vendors with four or more employees.

Representing Rochester's South District, McFadden said he wants to give ex-felons a foot in the door, so they aren't excluded from a job interview solely because of a box checked yes.

Read more


Survey: HR Execs Split on if Social Media Impacts Hiring

In a poll of 100 human resources executives, 60 percent confirmed that they either always or sometimes check candidates' social media activity, but only 6 percent said that activity has a significant impact on their hiring decision.

The survey, conducted in April by global outplacement firm Challenger, Gray & Christmas Inc., found that 40 percent of respondents never even check candidate's social media activity.

While 40 percent of respondents indicated that social media activity has little to no impact on hiring decisions, another 40 percent said it has some impact.

Read more

Seyfarth Shaw's Social Media Privacy Legislation Desktop Reference

Seyfarth's Social Media Practice Group has prepared an easy-to-use "Social Media Privacy Legislation Desktop Reference," as a starting point to formulating guidance when these issues arise. The Desktop Reference: Describes the content and purpose of the laws; Delivers a detailed state-by-state description of each law; Provides an easy-to-use chart listing on one axis the states that have enacted social media privacy legislation, and on the other, whether each state's law contains one or more key features; Offers thoughts on the implications of this legislation in other areas; and Concludes with some best practices to assist companies in navigating this challenging area.

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When U.S. Companies Drug Test, They Wind Up Hiring More Black People

Abigail Wozniak, a labor economist, has developed a model to show how the rise of employee drug testing in the U.S. has affected different populations. Where testing is prevalent, black employment increased between 7% and 30%, and wages for black workers increased by between 1.4% and 13%. That's surprising because in America's often-misguided war on drugs, black people tend to suffer disproportionately. There's plenty of evidence that black and white Americans use illicit drugs at roughly the same rate. But despite that, there's wide overestimation of black people's drug use by everyone from police to hiring managers to young black people themselves.

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Public Record Update

Sponsored by:

Public Record Update
By Mike Sankey, PRRN

FL Supreme Court Lifts Ban on Access to Electronic Court Case Information

Many county level Circuit Courts offer online access to to public to view the docket index, but since 2006 there has been a ban against access to case file document and images. Also in 2006, the Florida Supreme Court selected the Manatee County Clerk of the Circuit Court's Office to be the sole test site for phasing in different levels of access to non-confidential court records over a subscriber-based web site. This program proved to be a success.

In March 2014, the Florida Supreme Court lifted the ban and outlined their guidelines on how clerks of court can make records more readily available online, if they so choose. Administrative Order No. AOSC14-19, signed March 19, 2014, states that any Florida Clerk of Court who wants to provide online access to court records must follow the standards set forth in the Manatee Model. Clerks may choose to be more restrictive than the Manatee Model, but they may not be less so.

The new FL standards isolated 10 different user groups with specific levels tied to certain types of accessible data and security requirements. See the Access Security Matrix at:

Note that these court documents available to the general public have had elements redacted per the Florida Supreme Court. This redaction includes sensitive information such as Social Security Numbers, various types of account numbers, etc. from being viewed or obtained from court records.

Significant Court Case Involving NC Court Records

In recent decision by the North Carolina Court of Appeals (NCCOA) regarding Lexis Nexis Risk Data Management Inc. v. North Carolina Administrative Office of the Courts , the court ruled that the court records database maintained by the Administrative Office of the Courts (AOC) is public record as defined in G.S. 132. Thus, the AOC, as the custodian of this public record database, is required to provide it upon request as a public record.

The lawsuit was initiated because the AOC decided that it would no longer provide the full electronic file to subscribers of the court record data and would provide only demographic data. This forced the subscribers, who were at the time purchasing the full file, to access a secondary source - known as the Green Screen - in order to find the case details. The Green Screen is a cumbersome system using technology from the 1970's and is much more expensive since it is based on a page-by-page search.

Since the AOC lost 0-3 in the Court of Appeals, there is no automatic right of appeal. However, the AOC did file a petition to appeal to the NC Supreme Court. It is now up to the NC Supreme Court to decide whether or not to hear that appeal.

Below are links to several well-written articles posted on the web about this decision, as well as a link to the text of the Court of Appeals' decision.


Copy of Decision:

New Restrictions on Use of SSA Death 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.

The U.S. National Technical Information Service issued an interim final rule to establish a certification program under which persons may obtain immediate access to the publicly available Death Master File (DMF), pursuant to Section 203 of the Bipartisan Budget Act of 2013 (Act).

Read the details in the Federal Register at:


Reefer Madness Redux? What to Do Now That Illinois Has Legalized Medical Marijuana?

Effective January 1, 2014, Illinois became the 20th state to legalize medical marijuana. But the passage of this law has created concerns for employers. The Illinois Compassionate use of Medical Cannabis Pilot Program Act enacted a pilot program that is scheduled to be repealed on January 1, 2018. The act permits individuals who are suffering from certain identified "debilitating medical conditions" to alleviate their symptoms and to exempt qualifying patients from criminal prosecution under Illinois law. Using medical marijuana may create a safety hazard under federal or state law because the employee is under the influence or in fact impaired.

Read more

Little Reduction in Longer-Term Opioid Use in Most States

A new study from the Workers Compensation Research Institute (WCRI) found that there was little reduction in the prevalence of longer-term opioid use in most states studied. In most states, the percentage of claims with opioids that received opioids on a longer-term basis changed little, within 2 percentage points, between 2008/2010 and 2010/2012. The study examined the prevalence of longer-term use of opioids and how often the services recommended by medical treatment guidelines were used for monitoring and managing chronic opioid therapy. Recommended services include drug testing and psychological evaluations and treatment, which may help prevent opioid misuse resulting in addiction and even overdose deaths.

Read more



What's so important about Applicant Tracking System integrations?

Background screening companies should continually be paying attention to technology changes and investing in the future. The most significant investment they can currently make is in developing more applicant tracking system integrations.

A screener's function is to help create the most efficient end-user HR departments possible. To be effective they must not only meet today's needs, but also preempt tomorrow's.

The ATS market is well established for large enterprises, but cloud deployments have expanded services to most small businesses. This has created a crowded provider market. Simply asking your end users which ATS integrations they would like to see can help ensure you're ahead of the curve.

ATS providers run services that integrate with many job recruitment sites. Looking at partner lists and integration options can provide the background screener with an estimate of the workload for the integration.

Specializations, such as an enterprise focus, can help the screener determine which ATS best matches the end user's customer base. Another strong guide is the data structure and workflow of the ATS, especially when systems are built on HR-XML and other common standards.

Adding ATS support must be a proactive step for background screeners. Integration with these tools can't be rushed, so realizing the need through customer complaint may risk losing the customer.

Establishing new ATS partnerships is a process to building future customers and improving current relationships. The only question is: are you already behind?

Click here to read the full article

Shane Long
CEO, deverus

Contact Information:
512-485-3110 x312


Healthcare Background Screening Firm PreCheck Wins 2014 Internet Advertising Competition (IAC) Award

PreCheck, a healthcare exclusive employment and background screening firm, recently received "Best Blog Website" award in Web Marketing Association's 2014 IAC Award Competition.

PreCheck, an employment and background screening firm specializing in the healthcare industry, recently won an award for outstanding achievement in Internet advertising in the Web Marketing Association's 12th annual Internet Advertising Competition (IAC). The PreCheck Blog earned the IAC Award for "Best Blog Website", capturing the top award in its category. Each year the winner is selected based on seven criteria: design, ease of use, copywriting, interactivity, use of technology, innovation and content.

Learn more about PreCheck

Background Screening Company Sees Record Growth

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TazWorks LLC, a leading web-based background screening software company, is seeing its largest growth rate in company history. With an increasing number of companies performing background screenings in the U.S., TazWorks is expected to continue this growth.

"The amount of clients' orders continues to grow by more than 32 percent per year," said Barton Taylor, founder and CEO of TazWorks, LLC. "This growth in clients has allowed for TazWorks to develop the top software in the market."

Read more

Diversitybusiness.Com, Named Infomart as One of The Nation's "Top Businesses" For 2014, the nation's leading multicultural social media site, has recently acknowledged InfoMart as one of the nation's "Top Businesses" for 2014. This exclusive ranking is a reflection of InfoMart's overall vision, leadership and economic accomplishments in moving our economy forward. The award, known as the Div500, represents the most unique class of companies who have earned the distinction of fostering a culture of sustainable growth among the communities they serve. In addition to being named to the national list, InfoMart was listed as one of the Top 100 Women Owned Businesses in Georgia and one of the Top 100 Diversity Owned Businesses in Georgia.

Over 1.3 million businesses participated in this year's program..

For more information about InfoMart

Introducing MedEx - SJV's New Alternative for Medical Exclusion and Licensing Data Solutions

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SJV & Associates, trusted research provider to the Pre-Employment and Tenant Screening Industries, announced the release of MedEx, a powerful new product suite for searching, verifying, and monitoring the exclusions and licenses of healthcare professionals.

"Our mission is to be the clear alternative by providing the most accurate, timely, and cost effective exclusion searches possible. -Scott Vanek, President, SJV & Associates."

The initial focus of the product suite will be for federal and state exclusions/sanctions searches to improve compliance results, while also offering license verifications and continuous monitoring.

Read more


U.S. Economy On Its Own Now: Fitch Ratings Report

The U.S. economy is on its own now, a new report from Fitch Ratings declared. Monetary stimulus in the form of low interest rates and fiscal stimulus via government spending will not be the primary drivers of economic growth going forward, says the report titled Mapping a Subpar Economic Recovery: What Can History Tell Us? Instead, the growth will likely come from what the report describes as "the wealth effect," or improved consumer confidence as a result of a strengthening housing market and rising equity markets.

"Unlike during past recoveries, U.S. interest rates, while at supportive levels, have already been at, or near, historic lows for several years, and are potentially headed higher. Fiscal stimulus, which initially rose sharply to stimulate recovery, has declined significantly due to budgetary realities, neutralizing its role as a growth accelerant," Fitch said in a statement that accompanied the report.

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U.S. Economy To See Faster Growth After Winter Freeze: OECD

U.S. economic growth is set to rebound strongly in the second quarter as the scars of a brutally cold winter fade, but inflation pressures will remain tame through 2015, according to the Organization for Economic Cooperation and Development. In its latest economic outlook recently published, the OECD forecast U.S. gross domestic product expanding at a 3.9 percent annual pace this quarter, and it said it expects growth to maintain a brisk pace for the remainder of the year as well.

"Forward-looking indicators, such as investment intentions and business expectations, and rises in measures of consumer and business confidence suggest activity is bouncing back," the Paris-based OECD said.

Read more

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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 or 202-677-4034.

May 2014

At the White House

On May 1st, the Executive Office of the President issued a report on "Big Data," entitled: "Big Data: Seizing Opportunities, Preserving Values." The Report discusses a wide range of data issues and initiatives and makes a number of recommendations on how issues presented by "Big Data" should be addressed in areas ranging from national security to education privacy.

The Report references the Fair Credit Reporting Act (FCRA) and notes that the FCRA has limitations to its scope, it does not otherwise take a detailed look at the FCRA or tenant or employment screening.

At the FTC

"Data Brokers." On May 27th, the FTC issued its long awaited report on "data brokers," entitled: "Data Brokers: A call for Transparency and Accountability." While the FTC considers consumer reporting agencies to be "data brokers," the FTC Report focuses on non FCRA regulated areas including marketing, risk mitigation and people search products. While FCRA-regulated products were not the focus of the FTC Report, it nevertheless refers to the FCRA some 53 times.

Data Security . Last month's Washington Report, reported on developments in the FTC's ongoing data security litigation against Wyndham hotels. This month, the FTC continued to move forward in a separate data security case against LabMD, a medical testing laboratory. The LabMD case, unlike Wyndham, is proceeding before an FTC administrative law judge.

Read the full report


Department of Justice Settlements a Good Reminder of Employer Obligations under Employment Verification Laws

Employers work hard to make sure they comply with federal immigration law, but they must remember not to take their efforts too far. Employers should remember that while they must verify the ability of their potential hires to work, they cannot ask for specific documents, or have separate requirements for those individuals based on their national origin or citizenship status. Federal law prohibits: 1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) document abuse (unfair documentary practices), and 4) retaliation or intimidation.

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Grab a latte, pull up a chair and join us for a great interview with Vivek Khanna,Chief Client Partner, Neeyamo Enterprise Solutions P Ltd. shared that he has over two decades of experience in the outsourcing field. He started with IT outsourcing, migrated to general purpose BPO and then to focused HRO. As a co-founder of Neeyamo, a focused HRO Provider, he noticed that their clients were not getting the best service value from the providers they were using and he sensed a business opportunity. Neeyamo added Background Verifications to their service offerings as it is an integral HR function which ensures that right person is hired for the job and ensures workplace safety.

Vivek noted that the background screening industry is a small community of motivated professionals and he enjoys the camaraderie and the ability to help his clients.

He has also discovered that with their network increasing to cover 200 countries he has been provided a unique opportunity to interact with partners from different cultures which he finds extremely enjoyable.

Turning our discussion to Neeyamo he shared the company’s Vision: To be a trend setter in the HR Outsourcing space by providing best in class services through integration of Technology, Consulting & Operations

A new offering by Neeyamo is an alternative to written criminal verification in India, which was in limelight due to the wrong reasons. Our solution is faster, better and extremely cost effective.

He also noted that the company will be launching a Social Media Investigation for all English speaking countries and will add in Non English speaking countries based on client needs.

A key point Vivek emphasized is that Neeyamo helps companies build strong integrated solutions not only in terms of technology, but also the processes as well. For instance, they have helped fix the coordination problems that the recruitment, on-boarding and Background verification teams face. They have integrated solutions to cover talent acquisition, onboarding and background verification. Their solutions have best practices with optimally designed processes integration with client ERP’s with our discreet applications to drive better efficiencies, clarity and cost saving.

Vivek leaned forward and emphatically stated that “We are more than Background Verifications. We are a complete HR solutions company with an industry leading HRO powered by SaaS offering.”

He smiled as he responded to my favorite question, asking him to look into a crystal ball to foretell the future of the background screening industry: He pondered for a moment and then shared that he thinks “the Background screening industry is going through the same cycle that any other matured industry has gone through e.g. manufacturing, IT etc. A lot of players will emerge in the market, but very few will sustain themselves. These will be the companies that adapt to new processes, technology and changing customer needs. There will be more consolidation and a few big players will set the norms of the industry, however the nimbler newer startups will create offerings which will innovation.

Back on a personal note, Vivek shared he had recently read, ‘Think Like a Freak,’ by Stephen D Levitt and Steven J Dubner.

He indicated the person he would most like to meet is the economist, Paul Krugman.

Thanks to Vivek for a very informative and interesting interview.

For more information about Neeyamo please contact Vivek at or +1.408.431.6441.


Universal Principles of Administering Multi-Country Background Screening For Your employees

Rapid globalization is driving organizations to expand their operations into multiple geographies. This involves engaging diverse multinational talent pool. One of the primary targets is to get access to the best talent and deliver better-faster results to lead the game.

However, the importance of ensuring that the global workforce engaged adheres to the requisite organizational standards and complies with the local requirements cannot be underestimated. Organizations need to ensure that risks associated with global hiring are well managed and mitigated. The downside to this may be the fact that carrying out International background screening can often times be an overwhelming task. The focus of this article is to help identify some of the key components to consider as you develop your multi-country employee background screening program.

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KENYA: Data Protection Bill to be Tabled by End of May

The Kenyan Cabinet Secretary for Information Communication and Technology (ICT), Dr. Fred Matiang'i, announced that the Data Protection Bill 2013 is expected to be tabled in Parliament by the end of May 2014. The Bill would appoint the Commission of Administrative Justice to oversee compliance with its provisions. Failure to comply could result in fines of up to KES 100,000 (approx. €820), two years of imprisonment, or both. The Bill is being discussed as part of wider strategy by the Government entitled 'Connected Kenya Master Plan', which 'envisions the country as a globally competitive and respected knowledge-based economy [with] strengthen[ed] ICT business development.'

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TANZANIA: Data Protection Bill Announced as Part of Cybersecurity Initiatives

The Ministry for Communications, Science and Technology in Tanzania, announced, on 31 March 2014, that the Personal Data Protection Bill is being developed as part of its cybersecurity initiative, following the rapid growth in the information communications and technology sector (ICT) within the country. 'Although we have seen the benefits [of ICT] in various fields including education, health, business, communications infrastructure, there were also challenges [regarding] misuse of the Internet for example, theft of money through the Internet leaks of confidential information, [and] loss of intellectual property [...]', read the Ministry's press release.

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OAIC Disbanded as Privacy, FOI Oversight Redistributed

Procedural oversight of privacy, freedom of information (FOI) and other administrative functions has been overhauled in the Budget with the disbanding of the Office of the Australian Information Commissioner (OAIC) and the reallocation of its constituent tasks to other government agencies. From 1 January 2015, the OAIC will no longer exist as a unified organisation. Instead, its functions and full-time internal and external staff will be redistributed amongst four other government agencies, with its budget ($10.6m in 2013-14) returned to government coffers. Budget Papers show the move will save the government $3.3m in direct funding this financial year, then approximately $10.4m each year thereafter.

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Tighter Rules For Criminal Background Checks Urged

Lawmakers and police agencies are being urged to tighten regulation of criminal background checks to prevent the disclosure of irrelevant and potentially reputation-shattering personal information.
Canadians are routinely denied jobs or volunteer positions over unfounded allegations, suicide attempts, and charges that were later withdrawn, the Canadian Civil Liberties Association says in a report released over the weekend. A "patchwork" of privacy and human rights legislation across Canada means protection against employment discrimination isn't guaranteed, the report said.

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Safe Harbor-Compliant Companies Seeking Contracts: Facing an Uphill Battle in the EU

Despite the bad rep Safe Harbor has been getting lately, the data transfer framework isn't going anywhere-at least not for now. But its longevity isn't because organizations and regulators in the EU are suddenly satisfied with the controversial self-certification program-quite the contrary; there's a lot of mistrust about Safe Harbor-certified U.S. companies' data protection promises. And that reality, merited or not, is making it pretty difficult for self-certified Safe Harbor companies in the U.S. to win contracts with companies across the pond. But the two governments say they're engaged in healthy talks about U.S. efforts to make ongoing improvements to the framework.

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Employee Fraudscape: Depicting the UK's Fraud Landscape

Fraud committed inside an organisation must now be seen in parallel and should be just as integral to an organisation's risk strategy. For many, the most serious problems continue to be around data theft and disclosure. While there is no 'magic fix' to prevent internal fraud, organisations have become more adept at identifying frauds taking place on the inside and have recognised that the same data sharing and preventative steps taken to combat consumer fraud must now be taken to stop other fraud types. A good combination of measures needs to be implemented by multiple areas of the company, which ensure the most comprehensive protection.

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Background Screening Jobs

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.


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

Drug and Alcohol Testing Industry Association (DATIA), 2013 Training Course Schedule, visit

SAPAA Training Institute Learning Events,

CUPA-HR Conferences:

World Federation of People Management Associations, Events,



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