Berg’s Report on 7th Annual Pre Employment Screeners Conference
to Steve Brownstein and Phyllis Nadel of The Background Investigator
for another superb conference. Everyone in attendance or exhibiting
that I asked, said while they missed the typical higher number
of attendees, it was a very worthwhile conference from all aspects:
Networking, educational sessions, hotel, location and exhibitors.
There were not only fewer people from each company, many companies
were not there at all. There were 42 exhibitors and I was told
there were 20 on the waiting list. Exhibitors were pleased with
the exhibit hours and the chance to spend significant time with
Read the Full Report Go To: http://www.bergconsultinggroup.com/id69.html
Reasons Conducting Employee Background Checks Are Essential
HR, an innovator and leading Administrative Service Organization
(ASO) that offers small- to mid-size organizations an integrated
Human Resource Management System (HRMS) for payroll services,
human resources, and benefits administration, today released its
list of the top reasons why conducting employee background checks
are essential. The list details the reasons why companies in all
industries and of all sizes need to make background checks a standard
practice in their hiring process.
More Information Go To: http://pr-canada.net/index.php?option=com_
Member - EBI’s Unique Branding Captures Imagination of Magazine
Background Investigations, Inc. (EBI), an industry innovator in
global background screening, drug testing and occupational healthcare
solutions has again achieved top accolades from The Society for
Human Resource Management (SHRM) by placing in the top ten among
advertisers in HRMagazine's August 2008 Ad-Q Study. EBI's unique
brand demonstrates an elevated caliber of effectiveness as it
continues to be highly ranked by HRMagazine readers among the
nations top human resource focused industries which include recruitment,
staffing, finance and pre-employment screening firms. EBI finished
a solid sixth among the forty-six firms who placed advertisements
in the August 2008 issue and was the only background screening
firm to finish in the top ten. Categorically, EBI's advertisement
again captured the coveted top spot among Pre-Employment Testing
and Screening advertisers for the second time in a year.
More Information Go To: www.ebiinc.com
Testing the Limits
screening is particularly useful in the two situations in which
many companies currently find themselves: when there are a substantial
number of applicants for a limited number of positions; and during
the careful selection of the best-fitting candidate for a specific
position, especially when it's a leadership position such as CEO.
Although the goals are quite different, both situations can and
should rely heavily on the proper use of personnel testing. Two
major factors appear to be reshaping personnel testing: the increased
use of technology and how personnel-testing companies have refocused
to be more oriented to the needs of their customers. But these
aren't the only forces at work. There has also been an increasing
international focus in the field and the nature of specific personnel
tests is changing, specifically as it relates to the use of personality
measures, certification tests and general ability measures. Lately,
diversity has become a central focus for many hiring organizations.
As companies become more international and more representative
of the nations they're based in, screening measures must continue
to be studied to determine whether they are fair for all candidates.
More Information Go To: http://www.hreonline.com/HRE/story.jsp?storyId=146568445
History Not Covered By FCRA.
Commercial Services Inc.'s general practice of compiling and disseminating
employment history reports for motor carriers' former truck drivers
does not violate the Fair Credit Reporting Act (FCRA), the 10th
U.S. Circuit Court of Appeals decided. At issue was whether data
compilations USIS prepared and disseminated to assist motor carriers
in complying with U.S. Department of Transportation regulations--detailing
truck drivers' work records, eligibility for rehire, performance
and other employment-related information--was a "consumer
report" under the FCRA. Although the definition of consumer
report is broad, the court noted that the statute also contains
an explicit exclusion: "any ... report containing information
solely as to transactions or experiences between the consumer
and the person making the report." According to the 10th
Circuit, the TRFs fall under this exclusion. As long as the reports
include firsthand experiences of the employer, the exclusion prevails.
More Information Go To: http://www.allbusiness.com/legal/trial-procedure-appeals/11692457-1.html
This Age of Privacy Laws
this age of privacy laws, employers must be careful when disclosing
employee information. Employers who say too much often face costly
lawsuits. However, employers who say too little may face legal
repercussions as well.
York Adds More Employment-Related Protections for Persons With
Criminal Conviction Record
York State Governor David A. Paterson has signed into law three
pieces of legislation aimed at enhancing employment opportunities
for individuals with prior criminal convictions by reminding and
educating New York employers and employees about employers’
obligations. Employer protection against claims of negligent hiring
also is enhanced. The new laws relate to Article 23-A of New York’s
Correction Law, which requires employers to consider and balance
a number of factors before terminating or refusing to hire individuals
with a prior criminal conviction. Article 23-A does not apply
where there is a specific legal prohibition on hiring applicants
with a criminal history.
More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1554
Flag! Now What?
the midst of the turmoil on Wall Street and the screams from many
corners for more Government regulation of financial institutions,
the last thing you would expect is that your business is the one
subject to the latest government regulations. Like it or not,
you are now in the 11th hour before you must comply with the “Red
Flags Rules.” If you are a large bank, credit union or credit
card issuer, you are well aware of the looming November 1 deadline
to comply with Sections 114 and 315 of the Fair and Accurate Transactions
Act of 2003 (FACTA), better known as the Red Flag Regulations.
But if you are like many small and medium sized businesses, you
are just waking up to “Red Flags” and the fact that
your business must have an Identity Theft Prevention Program by
November 1, 2008 (a “Red Flags Program”).
Read the Complete White Paper Go To: www.Microbilt.com
Advantage Launches India’s First Contributory Database-Driven,
Online Background Screening Service
Mumbai, The Employer Services segment of First Advantage Corporation, Asia-Pacific's largest background screening and talent acquisition solutions provider, announced plans to launch VerifyDirect™, first-ever APAC wide contributory database-driven online background screening service, in November 2008. The North American launch of VerifyDirect™ took place June 22, 2008 at the SHRM Conference in Chicago.
will be the largest database for India and the APAC region for
employment history records. All information supplied will be available
in the public domain and will be consent-driven.
will provide instant employment verifications through secured
online transactions 24/7. The online service will facilitate faster
verification of facts submitted by candidates seeking employment,
loans or for any other legitimate business purpose, with relatively
less documentation compared to the current more conventional methods
of verifying such facts.
additional information, visit www.FADVasia.com
to the Legal Challenge Question!
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
We are grateful
to Pam Devata, Seyfarth
Shaw LLP for providing the expertise for this valuable
endeavor. For information regarding the answers to the Legal Challenge
Questions, please contact Pamela Devata at Seyfarth Shaw LLP at
or 312-460-5000 or visit www.seyfarth.com.
your answer by clicking on it:
Researched Indicates That Proactive Marketing During Recession Adds Value
For well-positioned companies, an economic recession should not prompt marketing cutbacks, but rather an aggressive increase in marketing spending to achieve superior business performance according to research authored by Gary Lilien and Arvind Rangaswamy of Penn State's Smeal College of Business."Turning Adversity Into Advantage: Does Proactive Marketing During a Recession Pay Off?" as presented in the International Journal for Research In Marketing. The study finds that firms entering a recession with a pre-established strategic emphasis on marketing; an entrepreneurial culture; and a sufficient reserve of under-utilized workers, cash, and spare production capacity are best positioned to approach recessions as opportunities to strengthen their competitive advantage. " proactive marketing includes firms with a strategic emphasis on marketing that have already put in place the programs that help them derive value from their marketing activities (e.g., well-recognized brands, differentiated products, targeted communications, good support and service, etc.)," the authors add. To arrive at their conclusions, Lilien, Rangaswamy, and their co-author Raji Srinivasan of the Univer sity of Texas (a former student of theirs at Smeal) surveyed more than 150 senior marketing executives from a variety of industries.
For More Information Go To: http://www.smeal.psu.edu/news/latest-news/mar05/leverage.html
Data Privacy Laws Set For Firms
the first of several states adopting new laws that will force
businesses -- from hair stylists to hospitals -- to revamp the
way they protect customer data. Starting in January, Massachusetts
will require businesses that collect information about that state's
residents to encrypt sensitive data stored on laptop computers
and other portable devices. Michigan and Washington state are
considering similar regulations. While just a few states have
adopted such measures so far, the new patchwork of regulations
is something many businesses will have to navigate, since the
laws apply to out-of-state companies with operations or customers
in those states.
To Read The
Full Article Go To: http://online.wsj.com/article/SB122411532152538495.html
York Consumer Protection Board Provides Guidance for Protecting
York Consumer Protection Board (CPB), the State’s top
consumer watchdog, has published a privacy guide for businesses,
How to Handle Personal Identifiable Information and Limit
the Prospects of Identity Theft. The Guide is intended
to help New York businesses better understand the importance
of protecting customer and employee personal information and
to address the growing problem of data breach and identity theft.
New York is one of a number of states that have enacted laws
and regulations to protect personal information,including California,
Texas, Massachusetts, Oregon, and Maryland.
Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1547
Theft Cost Reach $104 Million
costing retailers and consumers $104 billion each year, or about
$230 per household, according to the second annual Global Retail
Theft Barometer. "Shrink is a serious threat to retailers’
bottom lines, and amounts to a hidden tax on consumers who are
already dealing with the strain of tightening household budgets
during the economic downturn," said Rob van der Merwe, president
and chief executive officer of Checkpoint Systems,
a merchandise tracking and security company that sponsored the
study. In North America, shrinkage totaled $42.3 billion, or 1.48
percent of sales, with the U.S. accounting for most of it. The
cost of retail crime, which was calculated on the basis of crimes
by customers, employees and suppliers/vendors (excluding internal
error), plus the costs of loss prevention, were $112.8 billion
in 2008, compared with $108.1 billion last year.
is the No. 1 cause, making up 46.3 percent of shrinkage in North
For More Information
Go To: http://dayton.bizjournals.com/dayton/stories/2008/11/10/daily33.html?jst=pn_pn_lk
lose an estimated 7% of their annual revenues to fraud, says the
Association of Certified Fraud Examiners Companies with fewer
than 100 employees lost about $200,000 because of employee fraud.
Small businesses often employ friends, family members and other
trusted individuals, leading them to rely on personal trust rather
than enforcing internal controls that protect against fraud. Unfortunately
the very traits that invoke management to rely on a trusted employee
create the opportunities for workplace fraud in many cases.
To Read The
Full Article On Preventing Employee Fraud Go To:
– Platinum Members Only Web Sites
to having a full page listing in our industry leading online
background screening directory, PreemploymentDirectory.com,
our Platinum members are also listed in the following sites
to maximize their online visibility and SEO.
Screening Is In Top Three of Outsourced HR Services
According to SHRM’s 2008 HR’s Evolving Role in Organizations and Its Impact on Business Strategy survey results 52% of respondents’ businesses completely outsource background and criminal background checks, 22% partially outsource and 26% completely handle it in-house. In addition, when asked about future plans for outsourcing background screening 65% indicated plans to do so.
the Full Report Go To: www.shrm.org/hrmagazine
You may need to be a member to access the full article listed under HR Magazine at 2008 HR’s Evolving Role in Organizations and Its Impact on Business Strategy
Background Screening and Investigations
Managing Hiring Risk from the HR and Security Perspectives
Barry Nixon, SPHR and Kim Kerr, CPP
352 pages 16 ills
USD 49.95, Reference
Go To www.PreemploymentDirectory.com
and click on the book cover
Safe Hiring Audit: The Employer’s Guide to Implementing
a Safe Hiring Program, Authors: Lester S. Rosen,
table of contents go to - Visit www.brbpub.com/books/toc/
or For More Information and To Order Go To: www.brbpub.com
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER:
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.
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
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.
Barry Nixon at 949-770-5264 or at firstname.lastname@example.org
for more information.
Place! Many Suppliers!
for the Top Suppliers in the Industry? Need to find a new Supplier?
VENDOR SHOWCASE which features suppliers to the
Background Screening Industry (go to www.PreemploymentDirectory.com,
click on ‘Click Here’ and then scroll down to Vendor
Showcase for Background Screening Industry Suppliers)
LATEST DEVELOPMENTS ON THE WORLD WIDE WEB FOR BUSINESS OWNERS
Are you interested
in keeping up with the latest developments on the world wide web
and with web site technology from a business owner or business
development perspective? If so you may want to sign up for Web
Site Magazine. It is complimentary and written in a straightforward,
easy to read and understand manner. It is published in hardcopy.
Of Confidential Information - Pitfalls Of Social And Professional
of confidential information, and in particular client and customer
lists, is an important issue for all employers. A recent case
in England highlights the potential dangers posed to employers
in circumstances where an employee was alleged to have transferred
his employer's confidential information to his professional networking
site prior to resigning and setting up a competing business. In
Hays Specialist Recruitment (Holdings) Ltd & Anor v Ions &
Anor  EWHC 745, an English High Court considered the question
of the confidentiality of client information once it has been
transferred to a networking website.
For More Information
Go To: http://www.mondaq.com/article.asp?articleid=69000&email_access=on
enhanced our International Resource Center to be a valuable
resource for anyone looking for information on doing international
background verifications, vetting or screening. It includes
information on international data protection and other laws,
terrorist searches and much more. Also included is very
practical information on time zones, locating cities, holidays
in different countries, etc.
New Information Added:
will be adding all articles that have appeared in the International
Section of The Background Buzz to the International
Resource Center under the respective countries name. This
month we have started with the United Kingdom. The addition
of these articles should make it easier for you to find
out additional information about conducting international
International Training Resources
We have added International
Training Resources to the International Resource Center.
We update this section monthly. Bookmark this valuable resource
so you can quickly find the information you need.
To view the International Section go to http://www.preemploymentdirectory.com/
look in the middle of the page for the gray bar like the
Forum Of Programs For Drug-Free Workplace
first program of its kind globally, the productive and energizing
INTERNATIONAL FORUM OF PROGRAMS FOR DRUG-FREE WORKPLACES was attended
by an estimated 125 Drug and Alcohol Industry professionals from
employers to service agents and treatment providers on October
14th and 15th in São Paulo, Brazil. The stated objective
of the FORUM was to bring authorities from around the globe together
to exchange their experiences and thoughts about effective workplace
drug testing programs. There were remarkable similarities among
the program descriptions relative to consensus on the important
basic program elements essential to an effective Drug-Free Workplace
prevention program irrespective of the various Speakers’
Country of origin. These elements included the availability of
employee assistance, a policy developed with employee and union
involvement and voluntary program participation/consent, program
transparency, an understanding of legal authority to test, program
safeguards and procedures, thorough consideration of the types
of tests that will meet a particular workplace’s program
objectives, sensitivity to confidentiality and privacy, employee
and supervisor education, training and awareness strategy, family
and community program involvement, and an intervention, rehabilitation
and program monitoring component.
from SAPAA News. For More Information Go To: www.SAPAA.com
Lawyers Risk Jail for Seeking EU Workers’ Data without Permission
representing U.S. multinational firms with European Union (EU)
enterprises face arrest in some EU nations if, as part of litigation,
EU employees’ personal data is sought without permission,
experts told a global workforce conference held in Washington,
D.C. The differences in how employee privacy is viewed in the
United States compared to the EU are enough that a lawyer working
on litigation for a U.S. multinational corporation with operations
in the EU needs to devise a strategy to collect the least amount
of personalized data from EU workers as possible, Under EU law,
it is illegal to possess personal employee data unless there is
a legitimate reason for doing so, said Gordon, who took part in
a panel discussion at Littler Mendelson’s Executive Employer
Global Forum held Oct. 24, 2008. That is the opposite of U.S.
law, which requires all litigants to provide information that
might reasonably lead to admissible evidence, a process known
as “discovery,” he said..
More Information Go To: http://www.shrm.org/global/ (you may need to be a SHRM member to access the full article)
Screening Trends – India Report
The second “Background Screening Trends – India”
report, based on employment background checks conducted by First
Advantage from April to June 2008, observes:
- All the
key industries tracked have shown an increase in education-related
discrepancies for educational qualifications were related to
institutions in Northern India at 34%; followed by Southern
India at 30%.
discrepancy rate for the BFSI and IT sector is the highest in
the last six quarters.
- ITeS/ Business
Process Outsourcing (BPO) sector experienced the least employment-related
discrepancy in six quarters
- One in
three resumes had employment-related discrepancies for the Logistics,
Media, Aviation and Fast Moving Consumer Goods (FMCG) sectors.
information, visit www.FADVasia.com
Exemption For Personal Information - Updated ICO Guidance
Information Commissioner's Office has published updated guidance
on the exemption for personal information in section 40 of the
FOI Act. Personal data of any other person (third party data)
is exempt under section 40(2) if disclosure would breach one of
the data protection principles. Generally this will mean considering
whether it is unfair to release the information and balancing
the necessary public interest in disclosure against the interests
of the individual under the first principle. As disclosure under
the FOIA is considered disclosure to the public at largeand not
to the individual applicant, you will therefore need to balance
the legitimate public interest in disclosure against the interests
of the individual whose data it is. Although this requires consideration
of the public interest in disclosure, the test is not the same
as the public interest test used for qualified exemptions and
there is no assumption of disclosure.
For More Information Go To: http://www.ico.gov.uk/upload/documents/pressreleases/2008/personal_information_exemption_guidance_.pdf
Once again it is time to sit down, sit back, sip a latte and join us in The Background Bistro as we talk to today’s guest, Kelly Everly Lansbury, Director of Marketing for IntelliCorp.
a front row seat into her life, and got a glimpse into how
she balances her personal life and her career. When asked
about her outside interests and leisure time activities,
Kelly broke into laugher stating, "I like to spin (a
form of aerobics)
and I really love to collect antiques. While many people
like to buy antiques and leave them as is, I enjoy restoring
and refinishing them.I like to seek out the unique and rare
ones and get a lot of use and function out of them. The
great thing about antiques is that no two are alike."
Living in Cleveland also fits in with another one of Kelly’s
favorite pastimes - sports. With teams like the Buckeyes
and Cavaliers, her city is ideal for taking in games. "You
cannot live in Cleveland and not be a sports fan, I really
like the Indians and the Cavaliers . Also, my husband got
me hooked on college football, aside from Ohio State, we
follow USC and the University of Texas. She goes on to say
that of course, LeBron James, the superstar basketball player
is really huge out here, he is a great success story.
As would be expected for someone in her position, Kelly
travels for business frequently. The NAPBS is the major
annual conference for most vendors in this industry. "This
past year it was in New Orleans and it was a lot of fun
and was exactly the way I thought it would be. The whole
vibe of the city and the energy, from walking down Bourbon
Street to listening to the music. One of the things that
I find very unique is the fact that many of these artists
will never be discovered, but each and every night they
are in the local clubs and bars singing their hearts out,"
Kelly’s passion for music certainly does not stop
in the Big Easy. She purchased Sirius
Radio three years ago and has been hooked ever since.
The avid music lover states "I have been stuck in the
60's and 70's music since getting Sirius. I don’t
think that I have purchased a CD or turned on a regular
radio since then. There is always something good on there
and I just love it."
is a nationwide provider of background screening services
and employment screening products. The company provides
secure and instant online access to criminal records and
other public information. They help organizations of all
types to reduce their exposure to fraud and workplace violence.
As V.P. of Marketing, it is Kelly’s responsibility
to understand the industry and evaluate the competition.
She smiles as she states I am always looking for new business
opportunities, searching the internet and going to conferences
to find something new or a different approach.
Kelly started with IntelliCorp
as an Account Manager. "When I first began working
here, I had the most experience as an account manager. I
had been doing the exact same thing for MCI, so having that
background really helped me out a lot. They listened to
all my ideas and it really made it a fun and nice place
to work," says Kelly. My knowledge and experience really
helped me to be successful over the last five years.
is no stranger to being busy and multi-tasking as she seamlessly
moves between market research, conducting competitive analysis,
attending trade shows and vigorously striving to stay on
top of market trends that will impact the industry. "We
do vertical market research once a month and market a plan
to go into whatever industry we have decided to approach.
With a proprietary technology like ours, it is very important
to come up with a specific plan on how to penetrate the
market with a focused marketing campaign,” states
The increased competition in background screening industry
really keeps her on her toes. The constant change and government
compliance means keeping in the know at all times. For Kelly,
this is what actually makes her job fun, stating "I
really have to stay on my feet and be a driver for change.
I have to always know what is around the corner. Kelly’s
final comment about the industry and what she foresees was
For more information on IntelliCorp,
please visit their website at www.intellicorp.net
ADVERTISERS IN THIS EDITION
UPCOMING CONFERENCES & EVENTS
Here to View full list of 2008 Events) – Updated Monthly
State Conferences, visit http://www.shrm.org/conferences/state/CMS_004287.asp
and Alcohol Testing Industry Association (DATIA), 2008 Training
Course Schedule, visit http://datia.org/
Federation for Personnel Management, Events, http://www.wfpma.com/dates.html