khabar? (How are you?)

When employers select an employment screening firm it should be done with confidence that the provider is going to do their best to provide accurate, timely and legal information so that they can make an informed hiring decision. It would appear with the recent horrific shooting incident that occurred at the Washington, D.C. Navy Yard that employers may be wondering if they are getting a 'trick or treat' from the results they receive. This unfortunate situation shows with tragic reality why it is important for employers to pay very close attention to the selection of a firm to conduct background checks. It's important that they realize that it's not just an administrative task that is a check list in the hiring process, but selecting the right employment background screening firm can be a 'life or death' decision.

I am sure some of you may think this is a drastic position to take because the reality is that no human designed process will ever be perfect and Murphy will inevitably find a way to cause mistakes. While I accept that this is certainly true, I don't budge one iota off of my belief that employers should do their utmost to make decisions that will reduce the likelihood of people being injured or losing their life.

As you know, we have launched the new web site. Our goal is to create a magnificent background screening information portal that will become the hub for Human Resource professionals and others involved in the hiring process who are seeking information about background screening. The new site has been designed to make it easy for visitors to find the specific information and services they are looking for. Over time this will increase the value to background screening firms by facilitating greater SEO opportunities and driving our site towards becoming the premier backlink for background screening firms.

We are pleased to report that several firms are taking advantage of the opportunity that we are making available immediately to post articles, white papers, press releases, announcements, etc. to our new Background Screening Knowledge Center . ReferencePro will be posting Craig's Verification Tips and HireRight has provided a number of their white papers. Don't miss this opportunity to post your company information including hyperlinks to your web site and the chance to drive additional traffic to you site. We are making this opportunity available to you at no charge as a way of saying thank you for subscribing to The Background Buzz, to help promote the background screening industry and provide important information to the Human Resources community.

Our goal is to help firms in the background screening industry to maximize their marketing efforts to help them achieve their revenue goals. With this thought in mind, we have enclosed a quick overview of the targeted marketing opportunities we offer to firms in the background screening industry including U.S. CRAs, International Screening Firms and Suppliers.

Have you wondered 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 our landing page, on the page that people go to after clicking on "I want to Find a Background Screening Firm" and also on our new mobile web site home page so people will find you on their smartphones. Click here for more information on the Diamond Sponsorship.

Now is a good time to verify your company information listed on to ensure we have it correct. Please let us know if anything needs to change.

Thanks again for subscribing to The Background Buzz and let us hear from you about 'how we can improve.'

Stay safe and have fun!

PS - Malay is the official language of Brunei while English is used as a second language and is spoken and understood by majority of the population..

Volume 9, Edition 9, September 2013




Are Bad Background Checks Costing Jobs?

A new report says FBI's criminal records aren't always accurate and could cost innocent Americans their jobs. Increasingly employers are turning to the FBI's criminal records to do background checks on potential and even current employees due to more and more laws on the federal and state levels that allow access to the FBI background checks by various government agencies. Note that employers can not directly access the FBI criminal records.

The number of jobs requiring FBI background checks skyrocketed after 9-11. The problem is that these records often contain mistakes that can lead to innocent people not getting jobs for which they are qualified and even losing jobs they already have according to a new report from the National Employment Law Project. According to the report, roughly 17 million FBI background checks were conducted for employment and licensing purposes in 2012. That's six times the number conducted just a decade ago.

Read more

Bring Back the Box?

In 2010, the California State Personnel Board mandated that the state's civil-service job applications would no longer seek information pertaining to criminal backgrounds. However, the state may be wishing it had a do-over on that one. Perhaps asking Carey Renee Moore if she was ever convicted of a felony would have precluded her from getting another job with the state after a two-year stint in jail on felony grand theft charges. Moore's decision to resign before being fired and the fact that no one asked criminal background-related questions enabled her to fly under the radar and land a job despite her past. California is far from the only place where questions surrounding the criminal records of employees and/or job applicants are restricted. The New Jersey Senate, for example, recently introduced The Opportunity to Compete Act, which put the Garden State in the company of more than 40 cities and counties-including Boston, Chicago, Detroit, New York, San Francisco and Seattle-seeking to "ban the box" that asks about criminal histories on job applications. So, it's safe to say we're almost certain to see more cities pursue similar initiatives. But it's also a good bet there is at least one employer in California right now who, in light of the Moore debacle, wouldn't mind bringing the box back.

Read more

NAPBS Celebrates Ten-Year Anniversary at Annual Conference

650 background screening professionals gathered in Phoenix, Arizona from September 15-17, 2013 to participate in the National Association of Professional Background Screeners (NAPBS) annual conference. The association's ten-year anniversary was a major theme of the conference, as attendees celebrated association milestones, including the rapid growth it has experienced over the years.

"As an association representing the interests of nearly 800 companies worldwide that offer tenant, employment and background screening and related services, we have come a long way together in a relatively short time, thanks to the shared vision of our members who focus on finding solutions to the challenges we face," said NAPBS Chair Judy Gootkind. "In the past ten years, we've been successful in finding our voice, creating best practices, and continually moving forward in our efforts to ensure our members operate with the highest degree of integrity and professionalism."

Read more

CFPB Issues Warning on Furnisher's Duty to Investigate Disputes

The Consumer Financial Protection Bureau (CFPB) has issued a bulletin to companies that furnish information to CRAs reminding them of their obligation under the FCRA to investigate consumer disputes forwarded by a CRA and "review all relevant information" relating to the dispute. In the bulletin, the CFPB warns that it will take appropriate supervisory and enforcement actions to address furnisher violations of the FCRA or other federal consumer financial laws, including requiring restitution to harmed consumers. The CFPB expects furnishers to have reasonable systems and technologies in place to handle notices of disputes received from CRAs and information regarding disputes, including documentation forwarded by CRAs. The CFPB takes the position that a furnisher's FCRA duty to review "all relevant information" relating to a dispute requires the furnisher to review and consider all of its own information relating to a dispute as well as all documents that a CRA includes with a notice of dispute or transmits during the furnisher's investigation. In the bulletin, the CFPB outlines what it generally expects furnishers to do to comply with the FCRA's requirements. Furnishers not currently meeting the CFPB's expectations are advised to "take immediate steps" to comply.

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Military's Background Check System Failed to Block Gunman with a History of Arrests

The military's beleaguered background-check system failed to block Navy Yard gunman Aaron Alexis from an all-access pass to a half-dozen military installations, despite a history of arrests for shooting episodes and disorderly conduct. Alexis, a military contractor, used his secret-level clearance to gain entry to the Washington Navy Yard, where officials said he gunned down a dozen people before being killed by police. The revelations about Alexis's troubled past - and his ability to pass the government's security-check system - prompted multiple examinations into how background checks are conducted and how long a security clearance can last without review. President Obama directed his budget office to conduct a government-wide review of security standards for contractors and employees across federal agencies. Defense Secretary Chuck Hagel also ordered a broad review into security and access to military installations worldwide. The private contractor that most recently employed him pointed the finger at the Defense Department, which defended its handling of the case. The Defense Department said the latest background check and security clearance confirmation were in late June of 2013 and revealed no issues other than one minor traffic violation.

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Did you know?

More than 200 M mobile workers will using mobile business apps in 2013

Source: Strategy Analytics, 2013


Preemployment Screening and Social Media

While it's not a standard practice to consider potential employees' social media presence during the application process, it might become so in the future as technology continues to improve and people spend more time interacting online. This was the focus of an ASIS International Information Asset Protection and Pre-Employment Screening Council (IAPPES) conference call. "It's a reality that that data trail is going to start to be crunched and munched by computers and people are going to start making decisions on those things," says Dr. Charles Handler, executive scientist for Logi-Serve, LLC. Handler says it's only a matter of time until people in charge of making hiring decisions begin to use applicants' LinkedIn and Facebook profiles to evaluate them, which could lead to legal consequences. And while thirty six states have introduced laws, or have legislation pending that prevent employers from requiring employees to provide them with their social media account passwords after they're hired, there is still a lack of legislation about using social media in the hiring process, specifically when using it as a hiring disqualifier. Handler says that companies need to hold all of their employment screening tools to a higher standard and ensure that applicants are being evaluated in a standardized way that tests the skills that are critical to successful job performance.

Read more


Tenant Screening Laws Update: Passing Background Check Costs to the Applicants

The states of Washington and Oregon recently enacted laws in connection with tenant screening. Among the provisions in both Washington's RCW §59.18.257 and Oregon's OAS §90.295, is that the entire cost of the background check can be charged to the applicant, if the screening is performed by a consumer reporting agency (CRA). However, if the landlord conducts the background check, it may not charge in excess of the customary fees of the CRAs in its geographical area. Notably, California's Civil Code §1950.6(b) provides that a landlord cannot charge (or pass-through) to the applicant more than $30 for a background check. This application screening fee may be adjusted annually by the landlord or its agent commensurate with an increase in the Consumer Price Index. (The current adjusted amount is $41.50.)

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Tenants Denied Housing over Old Convictions Settle Lawsuit Over Background Checks

A company that screens tenants for rental housing has agreed to pay $150,000 to settle a lawsuit over its background check practices. The class-action case was filed in April by a Kent woman who was denied rental housing based on drug convictions that were 17 and 24 years old. Under state law, such background checks aren't supposed to include cases unless the conviction, sentence or parole period occurred within the past seven years.

Although the tenant screening company denied any wrongdoing, under the settlement 273 Washington residents whose screening reports included criminal history information older than seven years will receive payments from the settlement.

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NJ Passes a Business-Friendly Workplace Social Media Privacy Law

The State of New Jersey finally has itself a workplace social media privacy law, becoming the 12th state to restrict company access to prospective and current employee social media. Like similar laws in other states, this new law prohibits employers from requiring prospective and current employees from disclosing online usernames and passwords. It's worth noting that there are severable notable differences in the new NJ law, which loosen the restraints on local companies: Many public employers which deal in public safety are exempted; Any employer may require that the login/password of any account maintained for business purposes of the employer -- even if created by a current or prospective employee -- be disclosed; Employers can also demand login/password as part of several categories of workplace investigations; Employers can ask a current or prospective employee if he/she has a social media account; and Any aggrieved current or prospective employee may report an alleged violation to the Commissioner of Labor and Workforce Development, but cannot bring a private action against the employer. The new law goes into effect on December 1.

Read more

Small Mistakes With Employee Background Screening Can Cause Big Problems

Small employee background screening mistakes continue to give rise to large class actions with big settlements. If you obtain background screening reports from a third-party agency regarding your job applicants or employees, and have not reviewed your background screening policy and practices in a while, now is a good time to do so. Here are four things to look for: 1. Are you supplying job applicants and employees with the correct version of the federal notice entitled "A Summary of your Rights Under the Fair Credit Reporting Act"? The new version references the Consumer Financial Protection Bureau throughout the notice while the old version references the Federal Trade Commission. 2. Does your background screening consent form ("Disclosure and Authorization") contain a release of liability? 3. Do you provide BOTH a pre-adverse action letter and a post-adverse action letter when excluding an individual based upon a background screening report from a third-party vendor, and do those letters contain the correct information? 4. Do you have a blanket policy that excludes all convicts or felons? It is important that employers update their background screening policies to reflect recent changes, and consult with counsel before excluding an individual based upon a background screening report.

Read more

Massachusetts Employment Screening Laws Could Impact Criminal Records and Credit Checks

The Joint Committee on Labor and Workforce Development , recently reviewed H. 1731 and H. 1744 . It should be noted that House Bill 1744 could be construed to ban all criminal histories for employment in the state and H. 1731 would largely ban all credit histories for employment in the state.

CDIA's vision of a successful outcome is to (a) amend H. 1731 to look more like Connecticut law and allow for wider uses of credit, and (b) change "consumer report" to credit in H. 1744 and then make that bill look like Connecticut law as well. Connecticut law, Sec. 31-51tt , allows the use of credit histories for a wide variety of positions where its use is commonly accepted as significant for employers.

While the committee may be willing to change "consumer report" to credit and to make other changes for allowing for additional credit use, such changes will not likely happen without broad support for these amendments from the business community.

Read H 1731 , Read H. 1744 .

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:

You have been requested to run a background check on an individual for a potential employer. You discover that this person was charged with four felony counts. Ultimately, three of the counts were dismissed in exchange for him pleading guilty to the fourth count. Is it proper to report all four counts due to the conviction of one of the counts he was charged with?

A. Yes.

B. Yes, but you can only report the three dismissed counts for seven years.

C. Yes, because the charges were only dismissed as part of a plea deal and he was not acquitted of them.

D. No.


Current List of Labs and IITF Meeting Minimum Standards for Federal Urine Testing

The Department of Health and Human Services (HHS) notifies federal agencies of the Laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 and require strict standards that IITF must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant Laboratory/IITF must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a Laboratory/IITF must participate in a quarterly performance testing program plus undergo periodic, on-site inspections. A notice listing all currently certified laboratories and IITF is published in the Federal Register during the first week of each month. If any laboratory or IITF certification is suspended or revoked, the laboratory or IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory or IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter.

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Medical Marijuana and the Drug Free Workplace

An increasing number of states have passed varying laws regarding marijuana legalization and the use of medical marijuana. At the same time, the federal government still maintains that marijuana use is illegal. Businesses that operate under federal contracts or fall under the Department of Transportation still must comply with drug testing regulations, regardless of state laws. Medical marijuana use is of special importance to employers, especially those who have a drug testing program in place. Some state laws do not mention their effect on the workplace, while others such as Arizona, Delaware, Maine and Michigan include provisions that address marijuana and the workplace. In states that allow medicinal marijuana, employers may still lawfully prohibit employees from using marijuana during work hours. Drug testing potential employees and those who are already employed with your company is very important, and although not a requirement under the Drug-Free Workplace Act of 1988 for most industries, it is recommended, and can be an integral part of your background check program. As the courts continue to update laws on medical marijuana, HR departments need to obtain guidance from local attorneys that specialize in labor laws to create drug policies that protect both their business interests and employees.

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National Drug Abuse Survey: Workplace Abuse Persists; Marijuana, Heroin Use Gain

The Government's results from the 2012 National Survey on Drug Use and Health: Summary of National Findings and Detailed Tables, finds that 8.9% of full-time employees and 12.5% of part-time employees, 18 years of age and older, are current illicit drug users, while 18.1% of unemployed adults in that age group are current illicit drug users. The Survey, published by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the U.S. Department of Health & Human Services contains an ominous reminder for employers: "…most illicit drug users are employed. Of the 21.5 million current illicit drug users aged 18 or older in 2012, 14.6 million (67.9%) were employed either full or part-time." The Survey suggests the need for continued vigilance against workplace substance abuse. The only sure way of detecting abuse and addressing it is by drug and alcohol testing using a lawful, common-sense policy. While the popularity of certain illicit drugs may ebb and flow, drug and alcohol abuse continue to pose hazards to workplace safety and impede efficient operations. For many, only the threat of loss of employment may propel them to enter a program that can end a pattern of abuse and dependence.

Read more

Drug and Alcohol Testing and Accreditation Programs

NAADATP - The Nationally Accredited for Administration of Drug and Alcohol Testing Programs (NAADATP) program provides guidelines for management of drug-free workplace programs. Employers will also know that the provider is in full compliance with regulations. View the NAADATP application.

iDATIA - The iDATIA® Accreditation program provides criteria that follow proven U.S. standards, while adapting to international policies and procedures. As the international community advances their drug and alcohol testing practices, the iDATIA® program will mirror this progress and expand its program. Apply here

Why is the DOT Taking so Long to Move on Hair Testing for Drugs?

The American Trucking Associations used the National Transportation Safety Board's stricter impaired-driving regulations as an opportunity to again push for the DOT to move forward on a process to allow motor carriers to collect hair samples for DOT-required drug testing in lieu of the currently mandated urine testing process.

ATA said it supports all of these steps. But in addition to strengthening these measures, ATA President and CEO Bill Graves also again called on DOT to permit hair testing for mandatory pre-employment drug tests of commercial motor vehicle drivers.

"All we are asking is for DOT to allow this industry to use the best available tools under the DOT-mandated drug and alcohol testing program to make sure our roads are safe for all motorists," Graves said.

The practice of defeating and falsifying urine tests is widespread enough in the trucking industry. Government Accountability Office undercover investigators were able to use bogus commercial driver's licenses at 24 drug-testing sites, proving that a driver could easily send a substitute in with a fake ID. In addition, 22 of the 24 sites did not follow testing protocols, which opened the door to further cheating, GAO found.

Beyond cheating, urine testing is limited even if done properly. Generally, it cannot detect use of heavier drugs longer than two or three days after use. As a result, companies don't get an accurate idea of what a driver does in his or her free time.

Read more


How to Stop the In-House Data Thief

The highly networked computer technology that has made companies more efficient has also left them more vulnerable to threats from insiders intent on stealing information or sabotaging a company's operations. Companies looking to protect themselves from in-house data theft can undertake a number of preventive measures. According to Carnegie Mellon University's Software Engineering Institute, about half of the companies surveyed each year since 2004 said they had experienced at least one in-house breach in the previous year. These breaches are further complicated by cloud storage, which may allow insiders to steal larger amounts of information at a time. To mitigate these risks, companies must implement layered protections. The first of these layers should focus on identifying and limiting access to the data and systems that are most vulnerable. Even system administrators do not need to have full access to all systems. Companies can also rely upon a variety of data-loss prevention technologies that can perform functions such as preventing employees from copying files to flash drives and other types of portable storage media. Network monitoring is also necessary, as this allows companies to quickly flag any suspicious activity and conduct a thorough investigation to minimize any damage.

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Are Referees Still Important?

LinkedIn endorsements, online recommendations and more fleshed-out social media profiles have become important elements of understanding a candidate and evaluating them for a position in today's world - and all of these exist outside of the traditional resume. Due to these developments, some employers believe referees and references are no longer relevant to recruitment. "Different social media profiles and other information that is kept up to date will provide a much richer experience than a [traditional] resume can," Bryce Dunn, senior vice president at PageUp People. Dunn elaborated on the activity of a candidate - such as their posts on message boards relating to the profession - being more telling of them and their skills than a resume. However, Nick Deligiannis, managing director of Hays in Australian and New Zealand, stated that online recommendations are not a substitute for traditional references. Recruiters and employers should still be looking at referees as the most complete and important sources of information on candidates, as they will be able to demonstrate how a candidate used their skills and experience to help benefit their previous employers.

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Public Record Update

Sponsored by:

Public Record Update
By Mike Sankey, PRRN

  National Average - Court Fees for Name Searches

BRB Publications recently completed a statistical analysis to determine the national average of fees charged by court personnel for performing a name search of either the criminal or civil docket. The study included 4,731 criminal courts and 4,815 civil courts at the county level. Per the stats below, quite a few courts (over 20%) refuse to perform a name search for the public. They will refer a requester to an online system or a state repository. Of course, if a case number is given the court will pull the file.

Read more

  Larry Henry and BRB Publications Launch New HR Version of the State Rules Register

Mr. Larry Henry and BRB Publications launch a new product The HR Version of the State Rules Register at the NAPBS 2013 Annual Conference. It is designed very similar to a private label product. Access is unlimited from the CRA's site - no log-in is needed.

A CRA can now provide their clients with an easy-to-use and up-to-date tool showing individual state restrictions placed on HR, hiring managers, and landlords.

See for details!


For the MOST COMPREHENSIVE RESOURCE describing all access methods, restrictions, fees, and search procedures on over 26,000 government and private agencies visit the Public Record Research System (PRRS-Web) . We provide the extensive details and in-depth data you will not find doing a Google search!

For more information contact Michael Sankey at or visit


Text Box:  Innovative Enterprises Appoints Timothy Brothers as Vice President of Sales and Technology

Innovative Enterprises, Inc., a strategic partner to the background screening industry and expert provider of court research information products, smart data solutions and ancillary services, today announced that Timothy Brothers has been promoted to Vice President of Sales and Technology.

Mr. Brothers joined the firm in 2012 as Director of National Sales, bringing nearly two decades of industry experience serving the CRA, mortgage reporting, consumer credit, tenant and employment screening markets. He has served the National Association of Professional Background Screeners in an active leadership capacity as a committee co-chairman and on the NAPBS® board of directors. In his new capacity as a member of the firm's senior management team, Mr. Brothers will oversee Innovative's direct sales and marketing efforts and provide leadership for the company's information technology and data groups.

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Women-Owned Data Facts Inc Celebrates 24 Years of Business

Data Facts Inc- an NAPBS accredited Background Screening Company and one of the nation's leading providers of background screening and lending solutions-celebrates their 24th year in business. For 24 years they have been providing information lenders and employers can trust and rely on to make sound lending and hiring decisions.

Data Facts Inc. was founded in July 1989 by CEO, Daphne Large. Having worked for Equifax Services since 1978, Daphne had a vision to serve clients better through enhanced personal services. She seized an opportunity to start Data Facts and offer clients what others had only promised - the service they expected, consistently. That commitment to service has not changed.

Daphne attributes the success of Data Facts to their dedicated employees. They are dedicated to our customers, to Data Facts and to each other. "I have seen our competitors become complacent and even take business for granted. Not at Data Facts. Not now, not ever. We know our customers have many choices. We expect to earn their business each and every day, and we will. These are not just words, we live by them. At Data Facts, we believe if we take care of our people, our people will take care of our customers and our customers will take care of Data Facts. And they do."

Julie Wink states "Industry experience has also been a key to our success. The majority of our staff has tenure of over 10 years in either lending solutions or background screening, with many having 20 years or more. The company benefits from this by maintaining an extremely experienced team. It's a win for our customers and for Data Facts."

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Surf Air and Cluso Investigation Partner to Ensure Exceptional Flying Experience

Cluso Investigation today announced its partnership with Surf Air, the country's first all-you-can-fly, membership-based private air service, to provide added peace of mind for members of the airline as they travel. Together, Cluso Investigation and Surf Air have created and implemented a world-class safety option even the largest commercial air carriers cannot provide. Thanks to this partnership, every member is pre-screened and background checked to ensure a high level of safety and security.

Cluso Investigation pre-screening includes an identity cross-check, searches for U.S. Federal District court criminal cases, and performs a comprehensive search against over 100 global and terrorist watch lists provided by government sources.

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S2Verify Joins Inc. Magazine 32nd Annual List of America's Fastest-Growing Private Companies-the Inc. 500

S2Verify, an employment screening firm, has announced its 2013 ranking of No. 3 in the Human Resources category and 194 overall on the 32nd annual Inc. 500 list. This puts S2Verify in a unique category of elite firms representing the growth engine of the American economy.

"Our success over the last several years is attributable to our dedication to help organizations of all sizes leverage process automation to help simplify and streamline nearly all aspects of the hiring process," said Bill Whitford, CEO of S2Verify.

"We are humbled to be mentioned categorically with other great companies, and this ranking proves our business model and our dedication to our customers, employees and business partners," said Jim Zimbardi, President of S2Verify.

Read more


Conference Board Employment Trends Index Increases Again in August

The Conference Board Employment Trends Index (ETI) increased in August. The index now stands at 113.54, up from 112.80 (an upward revision) in July. The ETI figure for August is 4.5 percent higher than a year ago.

"The growth of the Employment Trends Index (ETI) in recent months suggests that employment is likely to moderately expand through the fall," said Gad Levanon, Director of Macroeconomic Research at The Conference Board. "The rapid job growth in the first half of 2013 was faster than we had expected given weak economic activity and only moderate improvement in the ETI. The slowing down of employment in the past two months brings the six-month trend to a more sustainable rate."

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Employers Optimistic About Fourth Quarter Job Prospects Amid Continued Economic Uncertainty

The latest Manpower Employment Outlook Survey indicates elevated confidence for the final quarter of 2013 as U.S. employers report a seasonally adjusted Net Employment Outlook of +13%, the strongest fourth quarter Outlook since Quarter 4 2007 when the Outlook was +19%.

Of the more than 18,000 employers surveyed, 18 percent anticipate an increase in staff levels in their Quarter 4 2013 hiring plans, while 8 percent expect a decrease in payrolls. According to the seasonally adjusted survey results, the +13% Net Employment Outlook for Quarter 4 2013 is up from +12% during Quarter 3 2013 and from +11% during the same period last year.

"We've seen consistent, yet measured, momentum in employers' hiring plans in a steadily improving market," said Jonas Prising, ManpowerGroup President. "Employers have reached a level of confidence in navigating unstable conditions, and the strength of the Quarter 4 2013 survey data suggests a stronger close to 2013."

This quarter's research shows the Outlook remains stable quarter-over-quarter and is slightly elevated compared to last year at this time. Intent to hire also continues to rise with 18 percent of employers indicating an increase in staff levels for Quarter 4 2013. This is the highest percentage of employers projecting an increase in hiring in the fourth quarter since before 2009 when the number consistently remained above 20 percent.

Read more


 What Can We Do For You in 2014 To Help You Exceed Your Revenue Goals?

Targeted Marketing Support Services for the Background Screening Industry

Online background screening directory featuring background screening firms and suppliers to the background screening industry. Basic, Gold, Platinum and Diamond levels of advertising are available. Target audience is the Human Resources, Talent Acquisition and Recruiting community.

Annual Background Screening Industry Buyers Guide

An annual print and electronic publication featuring U.S. and international background screening firms, and timely informative articles. The Guide is launched annually in June at the SHRM Annual Conference and distributed to 20,000 plus human resources professionals.

Annual Suppliers to the Background Screening Industry Buyers Guide

An annual print and electronic publication featuring suppliers to the background screening industry. The Suppliers guide is distributed to our database of more than 1,600 background screening firms and at relevant professional trade shows.

The Background Buzz

A monthly e-newsletter distributed to the worldwide background screening industry that offers comprehensive coverage of information and news relevant to the screening industry. The e-newsletter is distributed to more than 1,600 firms in the background screening industry and accordingly, is an exceptional advertising venue to reach background screening firms.

The Special International Edition of The Background Buzz

A supplement to the regular edition of The Background Buzz that is published on a bi- monthly basis featuring global information and news on background screening around the world.

eDirect Mail Campaigns

On demand e-blast service sent to our database of more than 1,600 firms in the background screening industry. Each e-blast includes your advertisement and one relevant article.

Media Releases and Announcements

On demand releases and announcements to targeted media outlets in the background screening and recruiting industry.

Private Label Newsletter Service

Custom designed e-newsletter service. We create a custom designed e-newsletter including recommending the name, designing the header, template and providing the content. Distribution frequency options include monthly, bi-monthly and quarterly.

See the Marketing Portfolio that matches your market segment :

1. U.S. Background Screening Industry Marketing Portfolio

2. International Background Screening Industry Marketing Portfolio

3. Suppliers to the Background Screening Industry Marketing Portfolio


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 for more information.


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.


September 2013

On Capitol Hill

On September 12th, the Commission on Long Term Care issued its recommendations for improving the Nation's system for providing long term care services and supports (LTSS) to an estimated population of over 12 million Americans with functional impairments that rely on LTSS to perform daily life activities. One of the Commission's recommendations for the paid LTSS workforce (as opposed to family caregivers) is that "the federal government work with states to enable national criminal background checks for all members of the LTSS workforce."

At the CFPB

On September 4th, the Consumer Financial Protection Bureau (CFPB) issued a Bulletin (2013-9) regarding FCRA furnisher obligations. The Bulletin stated that the CFPB expects consumer reporting agencies (CRAs) and furnishers to comply fully with their reinvestigation obligations, "thereby promoting the accuracy and completeness of information in the consumer reporting system."

At the FTC

Federal Trade Commission (FTC) Commissioners continue to express concern about the activities of "data brokers" which they often define to include consumer reporting agencies. Commissioner Julie Brill published an op-ed in support of the "Reclaim Your Name" initiative, encouraging the data broker industry to adopt a "user-friendly, one-stop online shop" for individual consumers to discover which data that brokers have amassed and how it is collected and used, as well as enable consumers to correct errors in and prevent the sale of such data. Brill stated, "We ought to demand the same sort of transparency from the commercial data brokers that know much more about us than we do about them."

The FTC is expected to issue a report on data brokers sometime before the end of the year. The attention that multiple FTC Commissioners are affording the issue underscores importance that the FTC is attaching to "data broker" issues.

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Report: E-Verify Accuracy Improving

U.S. Citizenship and Immigration Services (USCIS) have released the results of the most recent Westat Survey conducted on the accuracy of E-Verify, providing further validation that E-Verify is an accurate and robust tool. Though the survey was completed in July 2012, the results are finally being released to the public. Westat conducted the accuracy survey on E-Verify by evaluating the E-Verify Transaction Database. It's worth highlighting that employer activity while logged into the E-Verify system is tracked and monitored by USCIS. The survey found that E-Verify accuracy is improving since the last survey released in 2009, which evaluated the tentative nonconfirmation (TNC) rates. The TNC rate in this report declined from 0.7% to 0.3%. Where a secondary review of a TNC is conducted by USCIS, the accuracy rate is 90% effective compared to a 58% effective rate in the absence of secondary reviews. A substantial portion of the survey was devoted to providing USCIS with recommendations on how to increase E-Verify's accuracy moving forward, and other recommendations that would streamline the employment eligibility verification process. Some of Westat's recommendations have already been implemented by USCIS, which potentially explains why this survey wasn't made publicly available until now.

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E-Verify: Iowa Joins RIDE and New Further Action Notice

USCIS has been busy with enhancements to the E-Verify system. Beginning September 8, 2013, the Records and Information from Dives for E-Verify (RIDE) Program will be adding Iowa to the program. This means that data from ID and driver's licenses issued by the Iowa Department of Transportation's Motor Vehicle Division (MVD) can now be inputted into the E-Verify system to be checked against the records of the MVD database for accuracy. The addition of Iowa as the fourth state to join the RIDE program (in addition to Mississippi, Florida and Idaho) is another step towards combating document fraud, a challenge that has plagued USCIS ever since the rollout of the E-Verify system. Employers are affected by the RIDE program only when workers present documents issued from any of the four states who participate in the program, regardless of where the employer's place of employment is. For example, an employer participating in E-Verify may be located in Oregon. The employer's newly hired worker has presented an Iowa driver's license along with a social security card during the I-9 process. The employer would be prompted to enter the driver's license data during the E-Verify case process, where the system will automatically check Iowa MVD's records for a match.

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Text Box:  The #1 Web Site Success Factor

This is undoubtedly the most overlooked, unglamorous, and least liked aspect of a successful website. And it's essential and can multiply the effectiveness of ALL of your other advertising and marketing, including word of mouth… and it can NOT be done by your webmaster, graphic artist or programmer. What am I talking about?

Crafting your message.

The process of creating content (written or video) that clearly, and in an engaging, compelling way, lets your visitors know what you provide, what differentiates you from their other options and why they should care.

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If you have any questions about this post, getting help with your Internet marketing or anything at please send Ed Taylor an e-mail or call us at 541-482-4840.

You can also access his free Internet marketing course at-



Pre-access Drug and Alcohol Testing Rejected in Ontario

Drug and alcohol testing of employees in the construction industry continues to be an area of concern and constantly developing law for employers. An arbitration award out of Ontario recently held that pre-access testing was an unreasonable exercise of management rights and it was in violation of the applicable human rights legislation. The arbitrator relied heavily on the Irving Pulp and Paper Ltd. ruling that there was an obligation upon employers to justify the invasion upon employee privacy rights occasioned by drug and alcohol testing. If this award is followed, it means an employer must show a pre-existing drug or alcohol problem at its worksite before it can implement random testing or pre-access testing. Moreover, it appears an employer will not be able to rely on general statistical averages regarding substance use in the region, or on effectiveness of similar programs for other employers to show a problem. At a minimum, an employer implementing drug testing will need evidence that those statistical averages relate to the worksite in question and, more likely, will require actual evidence from its own specific workplace before it can justify not-for-cause testing. Once it clears this hurdle, employers will still be faced with showing that the testing is reasonably balanced against privacy rights by showing that the policy is effective and impairs employee rights to the minimal extent necessary.

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Privacy Law Losing Relevance, Commissioner Says

In essence, Canadian privacy laws lack incentive for companies to obey and are losing relevance, said Jennifer Stoddart, the country's privacy watchdog. The commissioner administers two federal laws-one in each the private and public sectors-pertaining to privacy and the protection of personal information. Throughout her 10 years in office, she has called for reforms to both, without much response from Canada's lawmakers. "It doesn't really do anything to deter those who want to misuse Canadians' privacy, and therefore doesn't give a marginal advantage to the many corporations that are protecting Canadians' privacy," Stoddart said. "If you're deliberately launching a product that's misusing peoples' personal information, collecting their personal information or, indeed as one company was doing, spying on people who rent laptops, there should be some sort of sanction." As it stands, the office can launch an investigation after receiving a complaint. If the investigation reveals a company was breaking the law, the legislation is written in such a way that if the company comes to an understanding with the commissioner's office, then that's that. Stoddart is looking for the ability to slap corporations with heavy fines. Thus far, Parliament has not taken action to address concerns Stoddart has been expressing for the better part of six months.

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Data Protection and Privacy Commissioners Release Resolutions on Tracking, Profiling, International Cooperation

The collected DPAs attending the 35th Annual Conference of Data Protection and Privacy Commissioners showed a united front and that they mean business. As part of his keynote speech kicking off the open part of the conference, Polish Minister of Administration and Digitization Michel Boni said, "We need regulations. Hard regulations. In Europe, we have a discussion pending-we have to make sure it is a strong law to harmonize the laws of all the states rather than a directive."

This sentiment was echoed by Jacob Kohnstamm, chairman of the executive committee of the International Conference of Data Protection and Privacy Commissioners. "Even more than before," he said later in the day, "we stand ready to work together to tackle contraventions with our respective legislation and ensure the best possible protection of our citizens. The only way to maintain a high level of protection is for data protection authorities to cooperate closely. We will actively work together in selecting targets for cross-border investigations. If companies break our laws, they should be ready to deal with an international and cooperative response."It should not be surprising, then, that one of the resolutions to come out of the conference's closed session is "to further encourage efforts to bring about more effective coordination of cross-border investigation and enforcement ." Perhaps the most practical part of the resolution is a mandate for the International Enforcement Coordination Group to develop a common approach to cross-border case handling and enforcement coordination, hopefully to be adopted at next year's conference.

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What to Do When the Privacy Regulator Comes Knocking on Your Door? A Short Guide to Handling Inspections and Data Protection Audits in Europe

Inspections and data protection audits from regulators are on the rise across Europe, and this trend is likely to continue. The latest figures for 2012 show that the French data protection authority (CNIL) completed 19% more inspections from 2011. The number of inspections has been steadily rising since 2004, when CNIL's enforcement powers-and later on, its budget-were significantly increased. Companies need be proactive and take steps to deal with a data protection audit. Any regulatory inspection is a burdensome undertaking, and inspections carry the risk of noncompliance being exposed, sanctions, adverse media attention and damage to reputation. Sometimes noncompliance is only identified after an inspection has been carried out. Even for fully compliant organizations, inspections bring disruption to the conduct of normal business. In light of increasing DPA powers, the rising number of inspections, and the risks of sanctions that may follow, organizations operating in the EEA are advised not only to prepare for a planned, notified inspection, but to establish best practices, policies and procedures on how to handle all inspections.

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Singapore Among Four Countries to Improve Hiring in Q4 2013

Despite global job prospects unlikely to improve in the last quarter of 2013, Singapore along with a few countries look set to buck the trend. According to the latest Manpower employment outlook survey, 25% of the 700 employers interviewed in Singapore expect to hire more people, with 4% expecting a drop in headcount numbers and 65% anticipating no change in recruitment. The figures result in a net employment outlook of +20% after adjusting for seasonal factors. This is 6% higher than the current quarter and 2% more than from last year. Out of the 42 economies and cities surveyed in the report, only India (+40%), Taiwan (+37%) and Panama (+24%) look set to have stronger hiring figures than Singapore. Employers in all of Singapore's seven industry sectors are expecting to increase staffing numbers, with the finance, insurance and real estate sector (+36%) and the public administration and education (+34%) posting the greatest optimism. Elsewhere, the transportation and utilities sector posted the least increment with just 9%. Conversely, the weakest countries are Italy (-17%), Spain (-7%) and Finland (-6%). They are expecting to cut headcounts. Compared to last year, the jobs outlook is stronger in 16 countries, weaker in 25 and remains the same in one country.

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Employee Background Checks: No One Should Be Precluded

The widely reported Gauteng Police Commissioner appointment blunder has left the South African Police Service (SAPS) red in the face. Or has it? National Police Commissioner, Riah Phiyega announced Major General Bethuel Mondli Zuma as Gauteng Police Commissioner in August, but withdrew it just two hours later, when it emerged that he had a case pending against him. Zuma faces four counts for allegedly trying to evade a roving anti-alcohol patrol in 2008. These include failing to stop when ordered, drunk driving, attempting to escape from custody, and defeating the ends of justice. Phiyega has said she was not aware of the criminal investigation against Zuma and amidst calls from the DA for her resignation, the National Commissioner is sticking to her guns, saying the appointment was only provisional. This incident once again highlights the critical importance of pre-employment screening and background checks. "It was not deemed necessary to conduct a detailed search, particularly noting that the people being promoted or transferred are senior executives, who are loyal and hardworking career police officers, well respected and had established relationships of trust with the SAPS," said Phiyega. "In the case of Major-General Zuma, at the very least, requisite background checks aside, he should have been frank with me. That is why I was so disappointed."

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New Privacy Law Will Have 'Significant Impact' On Businesses

The South African Parliament passed has the Protection of Personal Information (POPI) Bill. POPI represents South Africa's first comprehensive data protection legislation and is expected to come into force before the end of the year. "POPI will, upon promulgation, impose a number of stringent obligations on all persons which in any manner process personal information", said Simone Gill, Director of the Technology Media and Telecommunications Practice at Cliffe Dekker Hofmeyr. "It is expected to have a significant impact on the manner in which private and public bodies process personal information." POPI was drafted on the basis of the EU Data Protection Directive and establishes eight data protection principles, which reflect EU, Canadian and Australian data protection models. Of particular note, POPI restricts cross-border data transfers unless the country to which the data is transferred provides a similar level protection of personal data. Under POPI, companies may adopt contractual clauses and binding corporate codes of conduct. It will also introduce a mandatory data breach notification requirement and establish the Information Protection Regulator (IPR) with investigatory and enforcement powers, including the power to impose fines of up to ZAR 10 million (approx. €740,200).

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Unions Call for Blacklisting to be Made a Criminal Offence

The blacklisting of workers should be made a criminal offence punishable by jail and unlimited fines, trade unions have said. The call follows an announcement by the TUC that there will be a national day of action in support of workers who have been blacklisted. Blacklisting was discovered in 2009 when thousands of names, mainly construction workers, were found on a list held by the Consulting Association when its offices were raided by the Government's data watchdog. Unions claim that workers have been denied employment, often for raising health and safety issues or for being union activists. The TUC is unhappy that companies who have blacklisted workers have still not been held accountable. "Blacklisting is a shameful practice that has no place in a modern society," said general secretary, Frances O'Grady. "It causes misery for those blacklisted and their families and it puts lives at risk." The TUC also said all companies must be asked if they have ever complied, used, sold or supplied information that could be used for blacklisting. It said if they refuse to comply and compensate victims, and if they have engaged in blacklisting, then they should be barred from bidding for any public sector contracts.

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ICO Releases PECR Breach Notification Guide

The reports that telecoms companies will have to submit to the Information Commissioner's Office (ICO) containing details of data breaches may be disclosed under freedom of information (FOI) laws. The ICO has issued new guidance to public electronic communication service providers that explains when those companies are obliged to report personal data breaches to it after new EU data breach rules affecting such providers came into force. Under the guidance, telecoms companies would be required to submit a monthly report to the ICO detailing all the security breaches they have experienced. The Privacy and Electronic Communications Regulations (PECR) already required telecoms companies to keep a log of personal data breaches, complete with details on the facts surrounding the breach, the effects of the breach, and remedial action taken, and it is this log that the ICO is seeking be reported every month. "Strictly speaking, PECR does not require this monthly return," the ICO said. "However, we believe that this remains a useful exercise as it will demonstrate that service providers are monitoring their security properly and taking their responsibilities seriously. If we do not receive a monthly return from a service provider, this may trigger further investigation."

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Disclosure and Barring Service: Filtering

DBS will filter certain old and minor cautions and convictions, reprimands and warnings from criminal record certificates. The DBS will be removing certain specified old and minor offences from criminal record certificates issued from the 29 May 2013. Changes to the legislation were introduced to allow us to do this.

The filtering rules and the list of offences that will never be filtered are now available for you to view.

In line with these changes, we have provided clarification on how to interpret question e55 on our DBS application form for a criminal record check. To follow the law correctly, we need Registered Bodies to bring this change to the applicants' attention when completing the DBS application form. Question e55 asks the applicant "have you ever been convicted of a criminal offence or received a caution, reprimand or warning?"Applicants should now ignore this question and treat this question as if they were being asked

"Do you have any convictions, cautions, reprimands or final warnings which would not be filtered in line with current guidance?"

For more information about filtering, please see the DBS filtering guidance. You can also call 0870 90 90 811 or email


Vero Employee Screening Acquires Vet Your Staff

Vero Screening, based in Hove, has made its first acquisition through Norfolk-based Vet Your Staff. The combined businesses will employ 60 full-time screening professionals and allows Vero Screening to move into the security sector.

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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

2013 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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