Bon dia ! (General greeting in Catalan, the language of Andorra)
With the coming of June and the summer heat I gained an understanding of why the nickname HOTlanta was so 'on target,' at least that what I thought. As it turns out when I googled the term HOTlanta I found out "The "Hot" in "Hotlanta" refers to the many wonderful things to do in Atlanta, especially the sexy nightlife Atlanta is famous for." I will have to get back to with a report on that part later.
Kudos to Julie Hackman, CEO AmericanChecked whose counsel introduced SB 409 in Nevada which has now been signed into law. The legislation lifts the 7-year reporting limitation in Nevada and Consumer Reporting agencies are now able to report convictions older than 7 years in Nevada. Julie demonstrated true leadership and determination as she illustrated that a person, a firm can make a difference. Just imagine the difference that a group of firms working together can make, this is the NAPBS journey. Incidentally, Julie is the, Chair-Elect of NAPBS for the coming year. Join NAPBS to help her lead NAPBS to new heights and watch out world!
We now have two great ways for background screening firms to reach out to the Human Resources community.
First, there is our industry leading 2015-16 Annual Background Screening Industry Resource Guide which is the premier publication in the industry. We launched our distribution of the Guide at the SHRM Annual Conference this week in Las Vegas and shortly will begin distributing the Guide to 30,000 HR Managers (up from 20,000 in 2014.)
Second, we have launched our new HR eDirect Mail Service which will make HR contact information available for over 100,000 HR Managers. We are selling our HR email list on a state by state basis. Click here to read about the service. Email me at wbnixon@Preemploymentdirectory.com to get your sample of up to 100 HR email contacts.
Also for those of you who are interested in knowing what is happening in the dynamic world of international background screening be sure to check out our newest newsletter - The Global Background Screener. Click here to see a recent edition.
Thanks for joining us this month and have a great summer!
P.S. Catalan is the only official language of Andorra.
IN THIS EDITION
Campaign Succeeds with Passage of Nevada SB 409
With the passage of Senate Bill 409, a consumer reporting agency is no longer prohibited from reporting criminal convictions older than 7 years to all employers and reporting information to gaming licensees about a job applicant regarding bankruptcies older than 10 years and other civil judgments older than 7 years. SB409 allows gaming operators and employers to conduct more thorough background checks on prospective employees. Attorney Tony Cabot commented, "AmericanChecked should be recognized for taking the leadership position in changing longstanding but archaic provisions of Nevada law for the benefit of the gaming industry and all businesses in Nevada."
LinkedIn might be using a patent that would curtail fibs on the popular professional networking and job search website. LinkedIn filed a 2013 patent by Lucas Myslinski for an "Interactive Fact Checking System," which "automatically monitors, processes, fact checks information, and indicates a status of the information," according to the patent's description. According to The Daily Dot, it's unlikely for the system to work on its own. "Verifying every little detail on a person's résumé is tedious and likely difficult to do in a fully automated way. Still, it shows a step in the direction of removing some of the falsehoods that clutter the Web, even if these ones are more personal."
Attorney General DeWine Announces Major National Settlement with Credit Reporting Agencies
Ohio Attorney General Mike DeWine and 30 other state attorneys general announced a major settlement with the three main credit reporting agencies - Equifax Information Services LLC, Experian Information Solutions Inc., and TransUnion LLC. Under the settlement, the credit reporting agencies have agreed to make a number of changes to their business practices to benefit consumers. "We are announcing a comprehensive multistate settlement that will help protect consumers from credit reports that are wrong, out of date, or even mixed up with someone else's report, and it will reduce the chance that a consumer is wrongly denied a house loan, a car loan, or even a job, because of an inaccurate credit report," Attorney General DeWine said.
New Poll Reveals Continued Risk in Googling Job Applicants
According to a recently published Harris Poll, 52% of employers use social media to research job candidates. This number is up from 43% in 2014 and 39% in 2013. The same poll found that 35% of hiring managers who use social media to screen applicants have sent friend requests or otherwise attempted to connect with applicants online. As stunning as that number is, it's even more stunning that 80% report that job seekers report accepting such requests. Employers, please stop the insanity. I'm not treading new ground here by telling you that you are taking a huge risk by Googling or Friending applicants without proper checks in place to guard against the disclosure of protected information.
A recent spate
of class-action suits should remind employers and HR of the steep cost
of FCRA violations. Experts say the time is right for employers to reassess
their background-checking processes-and the role staffing and consumer
reporting agencies play in those processes. With respect to FCRA, the
statute "has a lot of technical requirements," says Veena Iyer, a labor
and employment attorney of Nilan Johnson Lewis. "This means there are
lots of technical ways to violate the statute, and there's a lot of
plaintiffs' attorneys who recognize that." Doug Kauffman, a partner
in Balch & Bingham's labor and employment group, urges employers
to follow all the necessary steps in providing individuals with the
required notices and information in the event a consumer report influences
an employment decision.
Illinois enacted a bill (No. 15-3088) that amends the Cook County
Human Rights Ordinance to restrict employers from asking about or
otherwise considering a prospective or current employee's credit history
in employment decisions. The new ordinance is nearly identical to
laws in Illinois and Chicago that were enacted a few years ago, and
falls in line with a growing trend around the country. The new ordinance
applies to private employers that have a principal place of business,
or "do business," in Cook County, as well as prospective and current
employees of such employers, whether for paid or unpaid employment.
The new ordinance also expansively defines "credit history" as an
individual's record of past borrowing and repaying, including information
about late payments and bankruptcy.
Food Lion Job Applicants Class Action Settlement
An almost $3
million class action settlement was reached with Food Lion LLC and
its parent company Delhaize America LLC to resolve allegations that
the company used illegal background check procedures on its job applications,
in violation of federal law. The Food Lion class action lawsuit was
filed by plaintiff Jeneen Brown, alleging that Delhaize violated the
FCRA when Brown applied for a job at Food Lion and that the grocery
store chain, "failed to disclose to her, in a document that consisted
solely of the disclosure, that it would obtain a background check
on her," while the FCRA requires "a clear and conspicuous disclosure"
when the report is being "obtained for employment purposes." Delhaize
denies the allegations in this class action lawsuit but has agreed
to this settlement to avoid the cost and risk of a trial.
On June 10, 2015,
the New York City Council passed the NYC Fair Chance Act (the Act)
in a landslide vote. The Act amends the New York City Human Rights
Law (NYCHRL) to prohibit private employers in New York City with four
or more employees from inquiring into or otherwise considering an
applicant's criminal background history prior to extending a conditional
offer of employment to the applicant. In 2011, Mayor Michael Bloomberg
signed a law that prohibits New York City government employers from
asking applicants during the initial application process whether they
have been convicted of a crime. The Act now extends that law to private
employers with at least four employees and "bans the box" that is
commonly found on job applications by which employers inquire into
applicants' criminal histories.
Ohio 'Bans the Box' on State Applications
1, criminal offenders in Ohio will no longer have to check a box requiring
them to reveal past convictions on state civil service job applications.
Questions regarding prior convictions will be removed from thousands
of applications for state government positions, which include highway
workers, prison guards, social workers and lawyers. By voluntarily
removing the box from employment applications, Ohio is the 17th
state to join the "ban the box" movement. But it has not yet enacted
a proposal to extend the ban to all public entities. "This is a pretty
significant victory for us, in that Ohio has implemented a fair hiring
policy," said Stephen JohnsonGrove, the Cincinnati-based deputy director
of the Ohio Justice and Policy Center.
District Court Holds that Mailing Pre-Adverse and Adverse Action Letters Five Business Days Apart is Plausible FCRA Claim When it Conflicts with Content of Pre-Adverse Action Letter
In Moore v. Rite
Aid Headquarters, the District Court for the Eastern District of Pennsylvania
ruled that the plaintiff had stated a plausible employment adverse
action claim under the FCRA. In doing so, the Court's decision raises
questions about a widely accepted safe harbor of mailing pre-adverse
and adverse action notices five business days apart. Although the
Court's decision in Moore was in the context of a waiting period that
allegedly conflicted with the period conveyed in the pre-adverse action
letter, employers should take note of the Court's focus on the time
between receipt of the pre-adverse action letter and mailing of the
adverse action letter when calculating the waiting period.
Hertz Faces Lawsuit for Alleged FCRA Violations
A class action lawsuit filed in San Francisco federal court claims Hertz Corporation and the Consumer Reporting Agency (CRA) providing background check reports to the rental car giant allegedly "acted willfully in violating the requirements" of the Fair Credit Reporting Act (FCRA) when performing criminal background checks on job applicants.
Specifically, the lawsuit alleges that Hertz "systematically violates section 1681b(b)(3)(A) of the FCRA by using consumer reports to make adverse employment decisions without first providing the applicant who is the subject of the report with sufficient and timely notification of its intent to take an adverse action, a copy of the report, and a summary of the applicants' rights under the FCRA."
See Lee v. The Hertz Corporation, et al. No. 3:15-cv-02545, in the U.S. District Court for the Northern District of California..
Federal Law Trumps Colorado Medical Marijuana Protections
who use medical marijuana and engage in other activities permitted
by state law but not federal law are not protected by the state's
"lawful activities statute," the Colorado Supreme Court ruled. In
Brandon Coats v. Dish Network L.L.C., Coats, a former telephone customer
service representative for Dish Network, argued that he was wrongfully
fired for using medical marijuana. Coats has a state-issued license
to use medical marijuana to treat painful muscle spasms. Dish Network
fired him after he tested positive for marijuana in violation of company
policy. Coats said Dish Network violated his rights under Colorado's
lawful activities statute. But in a 2-1 decision, the Colorado Court
of Appeals ruled that for an activity to be considered "lawful" in
the state, it must be permitted by both state and federal law.
Positive Workplace Drug Test Results on the Rise for Second Straight Year, Study Finds
For the second
year in a row, the percentage of American workers testing positive
for illegal drugs has increased, according to a study conducted by
Quest Diagnostics. Quest Diagnostics' Drug Testing Index (DTI) - an
annual analysis of workplace drug testing trends - found that the
number of employees in the general workforce testing positive for
illegal drug use increased in 2014 to 4.7%, up 9.3% from the year
prior. Prior to 2013, DTI had shown a decade's-long decline in employees'
use of illegal drugs. The increase in 2013 was driven largely by a
20% jump in the number of employees testing positive for marijuana
use in Colorado and Washington. While marijuana remains the most commonly
detected illegal drug, the number of employees testing positive for
cocaine, methamphetamines and heroin also increased.
A California appellate court affirmed an award of emotional distress to two employees who felt pressured to submit to a random drug test. The Court reasoned that the random drug test administered in this case violated a fundamental right to privacy, which is protected by the California Constitution, and therefore the employer could not "hide behind the shield of workers' compensation." As debt collectors, Aro and O'Toole did not occupy "safety or security sensitive" positions and so the random drug test was "unreasonable and outrageous."
Aro v. Legal
Recovery Law Offices, Inc. , Case No. D065422 (unpublished) (Cal.
Ct. App. Apr. 8, 2015)
Positive Workplace Drug Test Results On The Rise For Second Straight Year, Study Finds
For the second year in a row, the percentage of American workers testing positive for illegal drugs has increased, according to a recent study conducted by Quest Diagnostics. Quest Diagnostics' Drug Testing Index ("DTI") - an annual analysis of workplace drug testing trends - analyzed the results of over 7.7 million urine, saliva and hair drug tests taken by employees nationwide during 2014.
The entire report may be accessed at www.QuestDiagnostics.com/DTI.
Connecticut Drug Testing Statutes Do Not Apply To Hair Tests, Court Holds
Connecticut's drug testing laws apply only to urinalysis drug tests and not to a drug test using hair specimens which led to an employee's termination, a Connecticut trial court has held. Schofield v. Loureiro Engineering Associates, Inc., 2015 Conn. Super. LEXIS 1262 (Super. Ct., D. Waterbury, Docket No. CV 146024702S, May 22, 2015).
Plaintiff Ronald Schofield began work for the Company on April 1, 2014. A little over two weeks later he was directed to take a drug test. (The decision is silent as to reason for the test.) The test relied on hair analysis. Schofield was not informed he would be subject to drug testing after he was employed. As a result of the drug testing, he was terminated.
suit against the Company alleging violations of the state drug testing
laws. He also claimed, alternatively, that he was fired in violation
of public policy.
Utah - Driver Monitoring Through the online service provider Utah.gov, a notification program is offered that enables insurance companies and insurance support firms to track activity of submitted drivers. Effective July 1, 2015 this program is now also available to employers. The subscriber submits a monthly list of drivers. If there has been activity in the preceding calendar month, a driving record is automatically issued. If there was no activity, the subscriber is also notified. The cost for the service is $.12 per driver and the driving record fee if a records is issued. Eligible organizations may subscribe by visiting www.utah.gov/registration.
LinkedIn and Fake Degrees Have you ever used the Advanced Search feature on Linked to spot people touting a fake degree from a diploma mill? If not, this is how to do so: 1. After you log-in, click on the "Advanced" tab shown on the top bar. 2. The list on the left side of the next page shows Search categories. 3. Under the section labeled School, type in the name of a known diploma mill.
Retriever Network - www.PRRN.us
HireRight joins REC Business Partnership Scheme
and Employment Confederation (REC) is pleased to announce that HireRight
has joined its business partnership scheme.
Innovative Enterprises Launches PACERPlus™ Enhanced Federal Record Search
Innovative Enterprises, Inc., announced the official
release of PACERPlus™, a robust solution which gives screening
professionals expanded insight into federal criminal, civil and bankruptcy
records while improving efficiency and reducing costs.
Omni Data Retrieval Provides Estimated Time of Arrival Information to BackChecked Customers
Omni Data Retrieval has enhanced an existing integration with background screening system provider BackChecked to include real-time turnaround time estimates for pending searches performed by Omni Data Retrieval.
"We are excited to provide our mutual customers with this valuable addition to the criminal research offered within the BackChecked software. With this added visibility, customers will have the ability to access live status updates of public record searches within 24 hours of the order placement," said Scott Maloney, president of Omni Data Retrieval. "This will reduce the need for customers to spend additional resources to inquire into the status of searches."
PreCheck Wins Two 2015 Crystal Awards for Educational Content
PreCheck took top honors in two categories in the Crystal Awards, recognizing marketing excellence. In the category of Blog, the PreCheck Blog was recognized for the second consecutive year; the company's recently released email newsletter PreCheck Pulse was recognized in the category of Electronic Newsletter: For Profit.
department is honored to have been recognized for our educational
content at this year's Crystal Awards," stated Bryan Barajas, Marketing
Director at PreCheck. "In 2014, we published 131 articles for the
PreCheck Blog, doubling our commitment to educating our clients and
prospective customers. Not only was our blog recognized for the second
consecutive year, but our email newsletter PreCheck Pulse is now also
an award-winning publication. I look forward to another year of working
with my talented team to create quality content and resources
infoZen Launches IDentrix for Continuous, Post-Hire Personnel Screening
InfoZen announced the general availability of IDentrix, a patented software that continuously evaluates personnel data and proactively alerts organizations to potential risks to organizations including such as insider threats. IDentrix extends the value of a pre-hire background check throughout the entire employment lifecycle, using sophisticated analytics to continuously assess risk factors from all relevant criminal, financial and professional data sources to keep the risk profile current.
screening methods aren't equipped to meet the needs of today's insider
threat environment. Most organizations conduct a one-time background
check during the hiring process, which fails to account for constantly
evolving life events that impact post-hire personnel risk. Until now,
executives have been forced to make security and compliance decisions
based on dated background check information that becomes less accurate
by the day. IDentrix addresses this critical gap through automated,
continuous identity evaluation that alerts executives to potential
threats and empowers a proactive approach to ensuring employee safety,
protecting intellectual capital, safeguarding assets and streamlining
Nicole A. Kersey
Managing Director, Kersey Immigration Compliance, LLC
Nicole A. ("Nici") Kersey is an attorney whose practice is dedicated to employment-based immigration, with a focus on the Form I-9, E-Verify, and related immigration compliance issues. Nici represents employers before, during, and after Form I-9 inspections by Immigration and Customs Enforcement (ICE), providing practical advice to and serving as an advocate for employers during negotiations and litigation relating to fines for I-9 violations. She is a frequent trainer and speaker on I-9 and E-Verify issues. Nici is a graduate of the University of Virginia School of Law and provides pro bono representation to the spouses of U.S. soldiers and to arts organizations.
The Challenge Question:
What telephone number should my employee provide on the Form I-9?
The new Form I-9 has a telephone number field in Section 1. I understand that this is an optional field, but if an employee chooses to provide telephone number, which number should she provide: her home, cell, or her work number?
Employer Agrees to Pay Largest Civil Penalty for Discrimination During
the I-9 Process
I-9 and E-Verify Decisions Can Lead to Unfair Labor Practices
We've been seeing
a new risk associated with I-9s, originating (ironically) from employers'
often-diligent attempts to prevent mistakes in the first place. This
particular threat emerges from within - from the employer's own workforce
in the form of a claim of unfair labor practices before the National
Labor Relations Board (NLRB). Even if your employees are not currently
represented by a union, the NLRA can still impact your business operations
and those crucial planning decisions with respect to I-9 and E-Verify
compliance. While union participation has been declining over the
years, employers may still find themselves in the crosshairs of the
NLRB - particularly in relation to any kind of employer activity which
may affect an employee's right to work. This is especially true in
the context of I-9 and E-Verify policy decisions.
and hiring managers are becoming painfully aware of the potential
dangers lurking behind the Form I-9 and E-Verify process. For the
most part, these tales of woe stem from procedural failures such as
missing or incorrectly completed I-9s, which can lead ICE to assess
"paperwork" penalties and fines. The Department of Justice announced
that a woman in Western New York was sentenced to one year of probation
for submitting a false and fraudulent written statement on an employee's
I-9 form. The case have ended very differently - especially if she
had exhibited a pattern or practice of falsifying I-9s or if the record
had indicated other culpable conduct.
Hiring Momentum Improved In May With Gain of 280,000 Jobs
Hiring momentum continued to grow in May as employers added 280,000 new jobs, surprising economists who had been expecting far less aggressive hiring.
It was the strongest
gain since December, providing evidence that the slowdown earlier
this year was a weather-caused blip, rather than a sign of a weakening
economy. In addition, hourly pay for private sector workers increased
by .3 percent, the biggest gain in almost two years and a sign employers
are beginning to respond to the tightening job market.
CareerBuilder Reveals Hot Industries for Job Growth Over the Next Five Years
Looking to find a new job, make a career change or declare a major? CareerBuilder released a new list of industries that are expected to add jobs at an accelerated pace from 2014 to 2019. The study is based on data from Economic Modeling Specialists Intl (EMSI), CareerBuilder's labor market analysis arm that pulls data from over 90 national and state employment resources.
The U.S. is projected to create roughly 8 million jobs from 2014 to 2019 - a 5 percent increase - though a significant number of industries will likely experience a greater percentage gain during this period.
"Around one third of all U.S. industries are expected to outperform the national average for employment growth over the next five years," said Matt Ferguson, CEO of CareerBuilder and co-author of The Talent Equation . "While it's not surprising that technology and health care made the list, the accumulation of new jobs will take place within a diverse mix of industries requiring a broad range of skills and experience."
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@PreemploymentDirectory.com for more information.
Grab a latte and pull up a chair and join us for a great interview with Dan Fallows, Executive Director, GARDA Background Screening Solutions.
On June 3, 2015,
the Ontario government introduced Bill 113, the Police Record Checks
Reform Act, 2015, legislation that would, if passed, implement a new
process governing requests for searches of the Canadian Police Information
Centre databases, or other police databases, in connection with screening
an individual for certain purposes. Among other things, the Bill would:
authorize Ontario police services to offer three types of records
checks: criminal record checks, criminal record and judicial matters
checks and vulnerable sector checks and limit and standardize the
types of information that are authorized for disclosure in respect
of each type of check. Persons or organizations that willfully contravene
certain provisions of the Act would be guilty of an offence and liable
to a fine of not more than $5,000.
An Alberta arbitration board allowed the union's policy grievance and struck down the employer's random drug and alcohol testing policy in Unifor, Local 707A v Suncor Energy Inc, 2014 CanLII 23034. The policy was part of an array of measures adopted by Suncor to ensure the safety of its workforce in an admittedly hazardous workplace. A majority of the board held that Suncor had failed to show an existing problem at the worksite and in the bargaining unit that would justify the intrusive nature of the random testing.
The policy was
held to be unreasonable.
Highlights of the Canada Digital Privacy Act 2015
On June 18, 2015, the Canadian Parliament passed the Digital Privacy Act (DPA), Senate Bill S-4, into law. The DPA amends Canada's federal data protection statute, the Personal Information Protection and Electronic Documents Act (PIPEDA) in important respects, including introducing a new data breach notification requirement (which is not yet in force) and making other material changes to PIPEDA. This post summarizes key changes to PIPEDA brought about by the DPA.
2015-16 SUPPLIERS TO THE BACKGROUND
DOWNLOAD YOUR COPY OF THE 2015-16 BUYERS GUIDE NOW!
The Biggest Liars Revealed
According to Ina van der Merwe, Director and CEO, Managed Integrity Evaluation (MIE), qualification fraud is fast becoming a significant problem in South Africa - increasing by 200% over the last five years (2009 – 2014) and impacting even the highest executive levels. “The massive increase in the last five years refers to qualifications we have found to be falsified, invalid or inconsistent. This includes those which have been purchased from a ‘degree mill, altered or simply included on a CV with no physical or recorded evidence,” van der Merwe explains. “Unfortunately, as these fraudsters enter the workforce, a number of honest and legitimately qualified individuals are side-lined for the respective position,” she adds. The biggest culprits? Van der Merwe shares that the sector recording the highest percentage of qualification fraud is the trade industry.
Checklist for Dealing With Substance Misuse in a Workforce
Employers have a legal duty to ensure, as far as reasonably practicable, the health, safety and welfare of all their employees. This involves providing a safe place (and systems) of work. What this requires of the employer will depend on the nature of the business and the particular role of the employee concerned.
The Information Commissioner's Office has issued good practice guidance which contains some recommendations for situations where drug testing will or will not be acceptable.
Read the checklist to see a number of practical steps employers can take.
New drug driving law explained… the essential info
it has become an offence to drive while over a specified limit of
drug use. This is similar to the drink driving laws and means police
no longer need to show an impairment to driving due to drugs, simply
that the driver is over the limit. Employers should ensure that any
drivers who use a vehicle for work purposes are aware of this change
to the law, and understand its implications. The offence carries a
mandatory disqualification from driving and a maximum of six months'
imprisonment. Such a controversial issue needs to be handled sensitively
and many employers find it difficult to know what they can or should
do when faced with an employee with a substance misuse problem.
On December 18
2014 the UK government published its Anti-corruption Plan. The plan
recognises that bribery and corruption are major issues across the
public and private sectors and seeks to make the United Kingdom a
leader in the global effort to combat them. The plan gives the National
Crime Agency (NCA) the lead role in the fight against corruption and
promises the creation of a new central bribery and corruption unit
under the aegis of the NCA that will be tasked with boosting the UK
response to cases of international corruption and acting as a centre
for excellence. Some have read into this an indication of the future
of the Serious Fraud Office (SFO) and have used it to consider whether
the SFO should continue in its existing form, or alternatively be
remodelled to meet envisaged changes to the investigation and prosecution
of economic crime.
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.
SHRM State Conferences, visit http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
and Alcohol Testing Industry Association (DATIA), 2013 Training Course
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
Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers.