NBA Star Conducts Background Checks
Cartwright made a name for himself on the basketball court protecting
the hoop and blocking shots as a center. Now, the legendary
NBA player and coach is chairman of CartwrightDownes, a company
that conducts confidential background investigations. The firm
specializes in serving the nuclear and transportation industries,
but Cartwright wants to expand into other industries such as
medical, education and real estate. "Every day companies make
key hiring decisions that could easily change their reputation.
And when your reputation is on the line, you have to be protected,"
Cartwright said. "What happens if a company unknowingly hires
someone with a shady background or a person who has embellished
his or her resume? That could create bad publicity, damaging
a company's brand and reputation beyond repair." Cartwright
retired as a player following the 1994-95 NBA season, having
collected three NBA championship rings and experiencing success
with New York Knicks, the Chicago Bulls and the Seattle Supersonics.
He returned to the Bulls in 1997 as a member of the coaching
SHRM Survey on Employee Background Checks
Seven out of 10 organizations (69%) claim they conduct
criminal background checks on all job candidates, according
to a 2012 background check survey from the Society for Human
Resources Management. That survey shows another 18% conduct
such checks on select job finalists and only 14% say they don't
research candidates for criminal records. When conducting employee
background checks, consider this Top 10 list of dos and don'ts
when it comes to protecting your business against bad hires:
do be broad and thorough; do follow the law; do be
consistent; do locate patterns; and do use a professional agency
to process your background check. On the other hand: don't use
the "box"; don't bend the laws; don't fail to communicate; don't
seek out only the negative; and don't run a limited search yourself.
Practice for Internet Background Checks
of the survey's data around social media and Google background
checks in the Monster/BLR Survey of Recruiting Best Practices.
Have your hiring decisions been influenced by what you found
Forty-one percent have been positively influenced
to hire based on information they found online, while twenty-six
percent have turned down a candidate based on what they found
Do you visit candidates' social media pages (e.g., FaceBook
pages) as part of your background checking procedures?
Nineteen percent of respondents indicated that they
did visit candidates' social media pages.
TSA Doing Background Investigations by the Book but Not Fast
Enough, IG Says
TSA is carrying out background investigations of employees
in the legacy Transportation Threat Assessment and Credentialing
Office (TTACO), which is charged with keeping tabs on individuals
with access to the U.S. transportation system. However, the
DHS inspector general (IG) says the investigations have not
been timely. While the secure flight operations
center and the security threat assessment operations adjudication
center within TTACO identified potential insider threat risks,
limited resources weaken internal control at the security threat
assessment adjudication center and the shift and supervisory
structure at the secure flight operation center represent an
inefficient use of resources. The IG concluded that there has
been a pattern of poor management practices and inappropriate
use of informal administrative processes to assess and address
misconduct. TSA agreed with recommendations
to improve background investigations, internal controls, staffing
models, data system development coordination, and use of TSA
or DHS formal complaint processes. This includes the development
of a restructuring plan to enhance operational effectiveness
in the secure flight operations center staffing model.
SCREENING NEWS continued
Screening & Hiring Costs
conduct checks of job applicants' background to mitigate risk,
reduce liability, improve the quality of new hires, promote
workplace safety, and meet regulatory compliance requirements.
The process has been simplified in recent years by the rapid
growth in the professional background screening industry-and
most companies take advantage of these firms' services, according
to respondents. Only 21 percent of companies rely exclusively
on in-house staff to conduct security background checks on new
hires, and those that do tend to be smaller employers. In addition
to ease of use, cost is another motivation to utilize outside
firms to conduct background checks. The median cost for conducting
a security background check is 25 percent less when utilizing
an outside agency than exclusive use of in-house staff, according
to respondents. Interestingly, companies that leverage the different
strengths of both in-house staff and contract firms in their
background check process report paying the least-just $62.50
per new hire.
of using an outside firm to conduct background checks can't
blind organizations to their limitations, however. These firms
may inflate the extent of their databases, and security teams
need to assess what they cover and how frequently the provider
updates them. Tests of online screening firms have shown that
applicants with criminal histories can slip through, and companies
should conduct their own tests-by periodically sending in a
name for which a criminal history is known-to see whether the
provider accurately identifies it.
Checks Prone to Mistakes
In a recent case highlighting the inaccuracy of background
checks, Darlene T. Martinez was confused with Darlene Foster
Ramirez, who was found guilty in 2009 of dangerous-drug possession
in Navajo County. The employer offering Martinez a job then
rescinded their offer, and Martinez was left scrambling to remove
another person's felony from her record and find a new job.
Legal experts say background checks can be filled with errors
due to incomplete databases and confused identities. These errors
can be difficult to fix, costing applicants job opportunities
and disrupting livelihoods. Martinez filed a lawsuit in U.S.
District Court against the Phoenix-based company that did the
search, Universal Background Screening, alleging that it failed
to notify her about the damaging report and that it didn't follow
the necessary procedures to ensure accuracy. In addition to
different last names, Martinez and Ramirez also have different
birthdays. The suit seeks undetermined damages for violating
the federal Fair Credit Reporting Act. Universal Background
Screening has denied any wrongdoing, saying that it rarely makes
mistakes and that the company followed all necessary guidelines
and protocols to ensure accuracy.
Risk Still a Top Concern for Boards
For a second
straight year, boards of directors see reputational risk as
their top concern. They're also displaying a new optimism about
a financial recovery, and are making plans to hire staff to
support CFOs, according to a survey by EisnerAmper LLP. The
study, "Concerns About Risks Confronting Boards," found that
66% of 193 directors see reputational risk as their top concern,
compared with 59% who view regulatory risk as the top concern.
While survey respondents' worries about regulatory risk have
remained relatively stable, "the concern about reputation has
grown over the last couple of years," says Kreit. He notes that
their reason for concern is "the very high-profile issues that
have occurred with companies over the last few years," including,
for instance, the BP oil disaster on the Gulf Coast.
the top areas of concern in reputational risk are product quality,
liability, and customer satisfaction, at 39%. Second is a combination
of concerns about integrity, fraud, ethics, and the Foreign
Corrupt Practices Act, which totaled 24%.
Screening! It's Critical If You're a Rental Apartment Landlord!
Tenant screening is crucial for landlords and property
management companies. It's better to be prepared; so always
trust, but verify! In today's rental atmosphere getting a property
rented to a qualified tenant will require a ridged tenant screening
check that includes a complete and informative application,
credit check the tenant provides, first and last month rent,
cleaning deposit, and an extra deposit for any pets. And since
most landlords already have their hands full with the tedium
of the daily activities of overseeing a plethora of rental units,
property management companies have pretty much taken over the
tenant screening process. They will handle rental payments and
deposits and when necessary, initiate the eviction of a tenant.
However, one must "tread softly" in dealing with all tenants
thanks to the Fair Housing Laws. Some states have extremely
strict tenant-landlord laws that many times favor the tenant.
It has been said by many property owners that about 90% of most
any tenant problems can quickly be eliminated via your initial
tenant screening check.
Tool Puts Rental Applications in Ads
Landlords and real estate professionals can now incorporate
rental applications and tenant screenings right into rental
listing ads. The Colorado based, paperless
property leasing company, LeaseRunner, has launched its "Apply
Now" service, allowing users to accept rental applications and
screen potential tenants directly from ads on Craigslist, Facebook,
Twitter, WordPress and other websites. LeaseRunner digitizes
the rental process for property managers and tenants, including
rental applications, background checks, e-signatures and rent
collection. The Apply Now service is free to LeaseRunner customers
and, should the landlord require them, prospective tenants pay
for any credit or background checks. "By integrating
applications and screening into the listing ad, LeaseRunner
is transforming the leasing process," said Joe Buczkowski, CEO
and founder of LeaseRunner. "Landlords save time, money and
hassle. Renters gain the ability to complete the leasing process
digitally and securely." Moreover, other than
any screening fees, there's no downside risk to the applicant.
The tenant does not share his or her Social Security number
with the landlord, and LeaseRunner's background checks do not
'ding' the applicant's credit score.
Check Legislation Takes Huge Step Forward in U.S. Senate Judiciary
The Electronic Security Association (ESA) is pleased
to announce that a major legislative priority for the association
- gaining access to the FBI's database for criminal background
checks of potential security industry employees - has cleared
a major hurdle in the U.S. Senate. The Senate Judiciary Committee
approved language from the "Electronic Life Safety and Security
Systems Federal Background Check Act" as an amendment to another
bill, the "Child Protection Improvements Act." The entire measure
is expected to head to the floor of the Senate, where it can
be scheduled for a vote. If the bill passes the Senate, it would
then move to the House for a vote before it could move to President
Obama for signature into law. This bill is the culmination of
years of intensive ESA efforts to give electronic security companies
the same access to background checks that is currently available
to other industries, including banks, credit unions, aviation,
and nursing and home healthcare.
Development with FCRA
January 1, 2013 deadline for using
the new CFPB model FCRA forms on the horizon, the CFPB apparently
took another look at those forms and realized that they contained
a few glitches. On November 14, the CFPB published a notice
in the Federal Register correcting various typos and technical
errors, effective immediately. The forms in question, the Summary
of Consumer Identity Theft Rights, Summary of Consumer Rights,
Notice of Furnisher Responsibilities, and Notice of User Responsibilities,
appear, respectively, in Appendices I, K, M and N of Regulation
V, which the CFPB issued back on December 21, 2011.
to the U.S. Legal Challenge Question!
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
We are grateful
to Ann Cun, Counsel and Principal Editor at LawLogix,
Inc for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Ann Cun, Counsel and Principal Editor, LawLogix
Group, Inc. at (602) 357-4240 and for more information about LawLogix
e-verify and immigration support services please visit www.Lawlogix.com
your answer by clicking on it:
Enterprises Welcomes Timothy Brothers as Director of National
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 Brothershas joined the firm as Director of National Sales.
Mr. Brothers brings 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 as a member of the NAPBS®
board of directors. In his new role, Mr. Brothers will work directly
with professional screening firms, connecting them with Innovative's
industry-leading suite of products and services.
"Tim is intimately in tune with the needs of his customers and
possesses unquestionable integrity," stated Clifford J. Williams,
Innovative's Vice President and Chief Operating Officer. "I know
that Tim will be a great resource to our industry friends and
partners, and we're very excited to have him on the team."
"I've known Cliff and the Innovative team for years, and we've
worked together in many different capacities," commented Mr. Brothers.
"I have always admired Innovative's commitment to delivering the
very best products to the industry, and I couldn't be more excited
about joining the team."
Smart Business recognizes InfoMart's World Class
was named as an honoree for the Smart Business World
Class Customer Service Awards. The Five-Star World Class Customer
Service Awards honors companies that distinguish themselves with
superior customer service while raising the awareness of its importance
in the business world. The event was presented by Comcast Business
Class and sponsored by The DiJulius Group, Northwestern Benefit
Corporation of America, Freeman Mathis & Gary LLP, Atlanta
Pro AV, Country Club of the South, and Smart Business.
"One of the
things that sets InfoMart above and beyond our competition is
our dedication to personalized customer service. Our customers
stay with InfoMart year after year because of the close relationships
they develop with our team, and it is exciting to see their hard
work recognized by Smart Business," said Tammy Cohen,
InfoMart's president and chair.
HireRight and PeopleAdmin Announce Integrated Solution to Streamline
Recruitment and Employment Background Checks for Higher Education
a leader in on-demand employment screening,drug and health screening,
and employment eligibility verification programs, today announced
a new integration with PeopleAdmin, the leading provider of on-demandtalent
management solutions for higher education and government, designed
to streamline the recruitment and employment background check
enables customers to order, track and manage their employment
screening processes directly from PeopleAdmin SelectSuiteTM.
This increases efficiency, while improving the time-to-hire. In
addition, it enables universities and other educational institutions
to more effectively and efficiently screen multiple candidate
types, such as staff, faculty and contractors.
mission is to help our customers strengthen and simplify their
talent management processes," said Tod Klubnik, vice president
of sales and business development, PeopleAdmin. "HireRight has
a deep focus in higher education with expertise in background
checks for groups ranging from staff and international faculty
to contractors. We are thrilled to work with them to offer our
customers a seamlessly integrated solution for improving employment
screening, a critical step in the recruitment and on-boarding
processes to ensure the highest quality hires."
Inc. Announces Background Screening Partnership with Synernet,
Inc., a background screening firm specializing in the healthcare
industry, announced a new partnership with Synernet, Inc., a healthcare
administrative shared services organization and member of MaineHealth
healthcare system. The partnership will allow both PreCheck and
Synernet to enhance their offerings for healthcare medical staffing
departments, with a complete solution for credentialing and running
criminal background checks on their physicians. PreCheck's background
screening expertise in the healthcare industry will add value
to Synernet's credentials verification administrative services.
Having Procedures for Maximum Possible Accuracy: Riding a Dead
noticed the recent action by the FTC against a CRA? Are you aware
of the legal actions by plaintiff attorneys against CRAs, especially
in California? Did you happen to catch the NBC Today Show on background
screening that aired November 9?
paranoia if people are really after you. "
NBC Today Show went back to 2006 and found a lady that had a criminal
record run on her and the record actually pertained to a different
lady with the same name. And, to make the industry look really
silly, they had pictures of the two ladies, one being white and
one being African American.
did a good job of responding the same day, saying part "NBC's
Today Show and reporter Jeff Rossen have done a disservice to
employers and the general public by focusing on a small number
of unfortunate instances in an attempt to indict an entire industry
that is critical to the safety of our homes and workplaces," and
"For our part, NAPBS has developed a comprehensive individual
certification program and a company based accreditation program
with more than 58 specific standards of compliance to ensure our
members provide the highest level of performance."
Fraud on the Rise - While Profits Slip Out the Back Door
Organizations around the world - both large corporations as well
as small businesses - lose an estimated 5% of annual revenues
to fraudulent activities, according to a study conducted by the
Association of Certified Examiners (ACFE) with 42% of fraudsters
being employees, 38% managers and 18% owner/executives. A great
majority of this fraudulent activity occurs within the 23 million
small businesses in the U.S. that account for 54% of all sales
and provide 55% of all jobs. Small businesses in particular are
extremely susceptible to employee fraud as they often lack the
anti-fraud controls or policies found in larger organizations.
Businesses are urged to take steps to minimize the impact of fraud
by evaluating their employee screening process and by implementing
anti-fraud policies and controls. Other tips include:
conduct a thorough background check that goes back over
the past seven years on all employees before hiring to see if
there is a criminal history; with a signed release,
check their credit report for any fiscal irresponsibility; and
institute anti-fraud controls to monitor all employee activity.
Risk: Data Breach Litigation in U.S. Courts
Along with the growth of electronic consumer databases, there
has been an increase in the numbers of data breaches. A June 2011
Ponemon Institute study revealed that 90 percent of surveyed companies
had experienced a data breach within the past year. Companies
may want to assess the level of risk posed by the possibility
of litigation when determining how to respond to a data breach.
Common factors that may impact the likelihood that a lawsuit will
be filed following a data breach includes: type
of data breached; cause of the breach; misuse of personal information;
and size of the breach. Until recently, consumer plaintiffs have
met with very little success in the courtroom, but this could
change as the general public becomes increasingly aware that companies
are maintaining detailed information about their customers. Courts
may soon recognize that an individual consumer has a reasonable
expectation that such information should be protected and that
a data breach violates that expectation. In addition to consumer
lawsuits, companies should be aware of other sources of litigation
risk, including federal regulators, state attorneys general and/or
financial institutions impacted by the data breach.
Experian Customers Unsafe as Hackers Steal Credit Report
directly targeting the big three credit bureaus, data thieves
often target affiliated businesses that utilize credit background
checks. When hackers broke into computers at Abilene Telco Federal
Credit Union last year, they gained access to sensitive financial
information on people from far beyond the bank's home in west-central
Texas. The cyber thieves broke into an employee's computer and
stole the password for the bank's online account with Experian
Plc, the credit reporting agency with data on more than 740 million
consumers. The intruders then downloaded credit reports on 847
people, taking Social Security numbers, birthdates and detailed
financial data on people across the country. The incidents shed
new light on security weaknesses at credit bureaus at a time they
are under investigation by both houses of Congress over how much
data they collect and how it's used.
Sen. Richard Blumenthal (D-CT) said, "This is profoundly important
because it illustrates a growing problem when it comes to data
breaches and security-the chain is only as strong as its weakest
link," adding, "If their customers have inadequate security practices,
so do the credit bureaus."
By Mike Sankey, PRRN
the following New Members to PRRN!
Process Service LLC of Waterbury, CT
and Associates of Lubbock, TX
Delivery Service of Dallas, TX
& Investigative Solutions LTD of Niagara Falls,
Fallacara Accounting of Ft. Myers, FL
Background Services of Washington, DC
Local Courts and Recorders
October 1, 2012, Chief Justice Chuck Malone entered an Order mandating
that all attorneys must e-file their documents in civil, domestic
relations, and child support cases. Per this Order and the Administrative
Procedures, the Circuit Clerks' offices will eventually go completely
paperless in civil cases.
Eagle County is in the process of moving to a new software provider
for searching recorded documents. The site has new options available,
counties continue to close court sites or cut back on operations.
The Kings County Superior Court location in Lemoore
was closed last month. Also all Kings County court location hours
have been permanently cut back. All clerk's windows are now open
8AM-4PM Monday thru Thursday and 8AM-Noon on Friday. In addition
the Court intends to close locations in Avenal and Corcoran and
reduce hours and staff at Hanford over the Christmas week.
As many other
CA counties have already done, effective November 5, 2012 the
San Diego Superior Court will only provide court
reporters in criminal felony, family, and juvenile matters during
regular court hours. Official court reporters will not be available
in probate or other civil matters. Also, effective December 28,
2012, official court reporters will only be available in family
matters for Domestic Violence Restraining Order hearings, Contempt
hearings, and Request for Order hearings of 40 minutes or less.
November 1, 2012, Glenn County will be increasing
their recording fees by $1.00 per document title.
OJIN is the acronym for the online program provides court
case information from Circuit Courts in all 36 counties in the
state. The Oregon Judicial Department OJD is working to migrate
the online platform from OJIN to a designated vendor (Odyssey).
The purpose is to create a more modern, user-friendly environment
for record access, compared to the OJIN command line based system.
Dakota Unified Judicial System (UJS) recently changed the county
serving as the centralized mail request center for statewide criminal
record searches. The UJS asks that all mail requests be directed
to the processing center at: Jackson County Clerk of Court, PO
Box 128, Kadoka, SD 57543. 605-837-2122, fax 605-837-2120. Note
the UJS will periodically change the designated county to operate
the processing center. Be sure to call first.
(State) Driving Records
October 1, 2012, the fee for a driving record in Washington (state)
increased from $10.00 to $13.00. This fee increase affects all
access methods and record types. There is no fee increase passed
along to vehicle records or collision reports.
Release of ACD in the Works
Code Dictionary (ACD) is a translation table used to exchange
conviction and withdrawal information between the states' driver
licensing authorities. The AAMVA Code Dictionary (ACD) is copyrighted
by the American Association of Motor Vehicle Administrators (AAMVA).
function of the ACD is to enable the state to use the Commercial
Driver's License Information System (CDLIS) to exchange convictions
and withdrawals. Other applications, such as the Problem Driver
Pointer System (PDPS), use these codes as well. Also, many states
use the ACD to indicate out-of-state convictions on driving records.
recent version is Release 4.0.0. However, the AAMVA is now in
the process of finalizing a newer release with fairly significant
changes. There will likely be 5 new codes added, 6 codes retired
and several dozen with changes. At this point, the changes are
still subject to final approval and have not yet been formally
released. Note: the AAMVA has provided BRB with an overview of
these probable changes for our subscribers at
on Recent Marijuana Legalization Ballot Initiative
Colorado and Washington state voters have passed historic
measures to legalize marijuana for recreational use by adults.
By approving Amendment 64, Colorado became the first
state to end marijuana prohibition in the United States.
Meanwhile, Washington state voters passed Initiative
502, which regulates and taxes sales of small amounts of marijuana
for adults. Under the soon-to-be implemented Washington state
law, adults in the state may now possess up to an ounce of marijuana,
16 ounces of marijuana products and 72 ounces of liquid infused
marijuana products. Neither initiative changes
the ability of employers to maintain their current employment
policies, nor does it prevent them from creating whatever policies
they see fit. Additionally, nothing changes as far as workplace
drug testing because it has never been based on the assumption
that the user was doing something illegal under a criminal law
- instead it has always been based on safety and the efficiency
of your workforce. The ramifications will be closely watched throughout
the country, as federal law remains unchanged defining marijuana
as an illegal drug.
ADA And Workplace Drug Testing: What Are An Employer's Rights?
who works under the influence of drugs or alcohol at work may,
at the very least, have diminished productivity and poor work
performance; at worst, he poses a serious safety risk to himself
and those around him. As an employer, you have both a right and
an obligation to maintain a safe and healthy work environment.
Enacting a clear drug testing policy to eliminate workplace substance
abuse is an important step toward maintaining a safe work environment.
and enforcing a drug testing policy, you want to protect your
managerial rights while respecting your employees' legal rights.
The Americans with Disabilities Act (ADA) protects recovering
and recovered alcoholics and drug addicts from discrimination,
which can present difficulties in enforcing an effective drug
testing policy. How do you navigate the ADA's regulations while
maintaining an alcohol- and drug-free workplace? Below are some
tips for ensuring your policy complies with the ADA, as well as
recommendations for components that should be included in an effective
drug testing policy.
Board Investigates More Fake Doctors
is considering expanding investigations by the state medical board
to combat the disturbing trend of fake doctors, California Watch
reported. Called Operation Safe Medicine, the medical board's
investigative unit was established in 2000, but it disbanded three
years later because of budget issues. In 2009, however, the investigative
board reopened due to public cries about unlicensed persons practicing
Operation Safe Medicine sent 61 cases to prosecutors for review
for the fiscal year ending in June, up from 31 cases the previous
year. Since 2009, Operation Safe Medicine's investigations have
resulted in six felony convictions and 18 misdemeanor convictions,
California Watch noted.
"It is especially noteworthy to see the 203 percent increase in
cases referred for criminal action due in large part to the re-establishment
of the Operations Safe Medicine Unit," the state report
explained about the numbers from 2006 to 2012.
Site! Many Suppliers!
for the Top Suppliers in the Industry? Need to find a new Supplier?
Visit our VENDOR
SHOWCASE which features suppliers to the Background
Fall Edition of Suppliers to the Background Screening industry
here or on image to get a copy
Barry Nixon at firstname.lastname@example.org
for information on getting your firm listed in the Summer Edition.
Confident That Hiring Gains Will Help Sustain US Recovery
the rest of 2012 will lag the brisk pace set early this year.
But it will
be strong enough to push the unemployment rate below 8 percent
by Election Day.That's the view that emerges from an Associated
Press survey of 32 leading economists who foresee a gradually
brighter jobs picture. The survey results come before a report
Friday on hiring during April. The April report is eagerly awaited
because employers added surprisingly few jobs in March. That result
contributed to fears that the economy might struggle to sustain
But the economists
think the recovery will manage to reduce unemployment to 7.9 percent
by Election Day from 8.2 percent in March.Yet the AP economists
think it will be at least three more years before unemployment
falls below 6 percent, which would be a sign of a healthy economy.
the economy will grow 2.5 percent this year, up from 1.7 percent
in 2011. In a healthy economy, 2.5 percent annual growth is usually
adequate. Not so when 12.7 million people are unemployed. The
economy would have to grow about 4 percent for a year to lower
unemployment another percentage point.The economists expect job
growth to average 177,000 a month from April through June and
189,000 in the second half of the year. That would be down from
an average 212,000 jobs added monthly from January through March.
Last year, job growth averaged 158,000 a month.
SHRM LINE Employment Expectations Report for May 2012
is poised for another solid month in May. A net of 40.5 percent
of manufacturers will add jobs in May, and a net of 30.4 percent
of servicesector companies will conduct hiring.
change for recruiting difficulty in April. Difficulty in recruiting
candidates for key positions rose slightly in manufacturing
and fell slightly in services compared with a year ago.
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Launches Spanish-language I-9 Central on USCIS.gov
U.S. Citizenship and Immigration Services (USCIS) has launched
a Spanish-language version of I-9 Central, an online resource
center designed to provide information and assistance related
to the most frequently accessed form on USCIS.gov: Form I-9, Employee
Eligibility Verification. This free, easy-to-use website provides
employers and employees simple one-click access to resources,
tips and guidance to properly complete Form I-9 and better understand
the Form I-9 process. The launch of the Spanish I-9 Central is
the most recent in a series of resource guides related to USCIS
employment-related forms and processes. These resources include
E-Verify Self Check, a service that allows workers and job seekers
in the United States to check their own employment eligibility
status online, and an updated "Handbook for Employers: Instructions
for Completing Form I-9 (M-274). Both are also offered in Spanish.
Releases Guidance on Evaluating Electronic I-9 Systems
The U.S. Immigration and Customs Enforcement (ICE) has
released the first-ever official guidance document for evaluating
electronically generated and stored I-9 records during an audit.
The document provides guidance to Homeland Security Investigations
(HSI) special agents and auditors on what information they should
collect from employers using electronic I-9 systems as well the
minimum electronic audit trail requirements for use in determining
I-9 related fines. The regulations require that whenever an electronic
I-9 is created, completed, updated, modified, altered or corrected,
an electronic I-9 system must create a secure and permanent record
that establishes the date accessed, who accessed it, and what
action was taken. Employers storing electronic I-9s are also required
to maintain an "indexing system" and to "reproduce legible and
readable hardcopies" of the electronically completed and retained
I-9 forms. Employers are well advised to partner with a vendor
that takes the most conservative approach to audit trails (and
the regulations) in designing their software.
Recent Study Reveals E-Verify Shortcomings
institute released a highly critical report on the actual impact
E-verify has on employers in Arizona. The 2007 Legal Arizona Workers
Act (LAWA) required statewide businesses to enroll and use the
E-Verify system by January of 2008. Arizona industries, including
construction, agriculture and real estate, have suffered significantly
not only as a result of the economy, but also from the effects
of LAWA. While LAWA decreased the unauthorized resident population
by 36% between 2008 and 2010, it also suppressed housing sale
prices and raised the cost of conducting business, preventing
employers from expanding or hiring more workers. In addition,
the E-Verify system produces a 4.1% inaccuracy rate for workers,
3.3% of those initially found to be unauthorized actually are
authorized to work, and it fails to identify 54% of unauthorized
workers, due primarily to employment-based identity-fraud. It
is evident that improving the accuracy rate of E-Verify is an
essential step towards widespread adoption by businesses. Favorable
adoption by businesses of the E-Verify will increase only when
the cost of adoption by employers is outweighed by the benefits.
Not Immune from Punishment by OSC for E-Verify Violations
The Justice Department has entered into a settlement
agreement with Diversified Maintenance Systems, LLC, a provider
of janitorial and facilities maintenance services based in Tampa,
Florida. This is one of the first publicized cases where OSC investigates
discrimination based on an employer's conduct related to the use
of E-Verify. The employer told the employee in question about
her tentative non-confirmation that was generated as a result
of data mismatch. The employee was unable to correct her data
because she was lacking the proper E-verify paperwork and the
E-Verify system ultimately produced an erroneous final non-confirmation.
After being fired, the employee called the E-verify hotline, where
the OSC informed her she was authorized to work. However, the
employer refused to reinstate her. The employee subsequently filed
a complaint with the OSC on account that she
had asserted her right to work under the INA provisions for anti-discrimination
and that the employer had retaliated against her when she exercised
this legal right. Before any further legal action was taken the
employer agreed to settle the case with the Justice Department,
which resulted in fines and additional training requirements.
Lawful Employment Act
Lawful Employment Act (TLEA) took effect January 1, 2012, and
requires employers to obtain lawful resident/employment verification
information. The TLEA requires all employers in Tennessee to demonstrate
that they are hiring and maintaining a legal workforce either
by: enrolling and verifying the employment eligibility of all
newly hired employees through the E-Verify program, or requesting
all newly hired employees and "non-employees" to provide one of
the following identity and employment authorization documents:
A valid Tennessee driver's license or photo identification; A
valid driver's license or photo identification from another state
where; A birth certificate issued by a U.S. state, jurisdiction
or territory; A U.S. government issued certified birth certificate;
A valid, unexpired U.S. passport; A U.S. certificate of birth
abroad; A report of birth abroad of a U.S. citizen; A certificate
of citizenship; A certificate of naturalization; A U.S. citizen
identification card; Valid alien registration documentation or
other proof of current immigration registration. Federal law still
requires all employers to complete an I-9 form for all new hires.
$46,575 Civil Penalty - The High Cost of Form I-9 Document Abuse
The Justice Department has released another press release detailing
its recent settlement with Advantage Home Care, LLC, a home health
care provider based in New Jersey. According to the release, during
its employment eligibility verification (Form I-9) process, Advantage
Home Care allegedly required its new hires who were lawful permanent
residents to present more or different documents than other employees.
The employer had refused to employ a new hire, whose social security
number generated a false-negative on a background check, even
after the employee had resolved the issue with the Social Security
Administration. The pattern of practice of requesting different
or more documents from a legal permanent resident was uncovered
after this employee had filed a complaint with the Department
of Justice's Civil Rights Division Office of Special Counsel (OSC).
Advantage Home Care agreed to pay $1,633 in back wages to the
complaining employee and $46,575 in civil penalties payable to
With I-9 Rules After a Natural (or Man-Made) Disaster
of I-9 compliance following a major disaster is not something
employers typically contemplate, much less prepare for. The USCIS'
"I-9 Central" website states that employers whose Forms I-9 are
missing and/or destroyed as a result of a natural disaster should
complete new Forms I-9 to the extent reasonably possible for those
employees and attach a memo stating the reason they were redone.
Where the loss of I-9s is caused by circumstances beyond an employer's
control, it is likely that ICE would be willing to work with the
employer. Planning for disasters is an integral step to mitigating
risks. Practice tips for doing so include: safety must come first;
return to normalcy; clearly inform employees; allow flexibility
when needed; prepare a memo documenting the disaster; and notify
ICE immediately. Employers who have already migrated their paper
I-9s to an electronic software system may find that physical disasters
do not affect their electronic records. A smart electronic I-9
vendor exceeds industry standards for data backup and retention
and can easily provide employers with the vendor's disaster recovery
plan for review, upon request.
E-Verify Laws Effective January 1, 2013, In Georgia, North Carolina,
Pennsylvania, & Tennessee
North Carolina, and Tennessee will require many private employers
to register for and begin using E-Verify. In Georgia, companies
employing more than 10 people must register for E-Verify by July
1, 2012. In North Carolina, companies employing 100 or more personnel
must be registered for and using the E-Verify system on January
1, 2013. Tennessee's law is most expansive, requiring companies
with more than 5 employees to register and begin using E-Verify
by January 1st.
law is limited to state contractors and sub-contractors, which
must register for E-Verify beginning January 1, 2013, if a project
is worth $25,000 or more.
Testing Staff? Doubts Over Test Efficiency
History has been made in the U.S. following the passing of laws
in both Colorado and Washington, which legalize both medicinal
and recreational use of marijuana. In Australia, drug use remains
illegal in all states and territories, and therein lies the issue
for employers. The use of marijuana by employees has ramifications
for the workplace in a number of ways. Drug testing is essential
to ensure the safety of workers, but according to a new report,
current testing practices are inefficient and often lead to workers
simply changing drugs or avoiding reporting incidents. National
Centre for Education and Training on Addiction deputy director
Ken Pidd said there is currently little evidence to support the
view that current testing practices are effective and the central
issue is that workers routinely change their consumption patterns
or drug types to avoid detection. Yet drug testing is in many
ways a reactive response rather than proactive response. Pidd
urges employers to utilize high quality education and training
programs, which help develop a workplace conducive to health and
Sheet: A Quick Guide to Doing Business in China
China has the second largest economy in the world, the largest
population and the fastest-growing market of any country. While
it's easier now to break into China's market than it was 10 years
ago, the government still plays a large role in controlling business
within the country. Expect to have to seek government approval
at just about every turn, and find a local lawyer to help you
understand the country's evolving regulations. But don't forget
about U.S. regulations, either, especially the Foreign Corrupt
Practices Act. Personal relationships are very important in the
Chinese business community-as important as any written document
or contract, and such ties can be easily abused or interpreted
as bribery. Make sure to keep your relationships on the legitimate
side of the law. China has a civil law system, meaning it isn't
bound by stare decisis, the rule that says lower courts must rely
on judicial precedent. However, the country is trying to push
for more uniform decision-making among its courts. China is also
trying to move away from its image as a manufacturing mecca, and
promote indigenous innovation.
Data Protection Act Sought
stung by a slew of data theft and misuse issues leading to the
denting of investor confidence in the BPO industry in AP, state
IT minister Ponnala Lakshmaiah has written to the Centre, seeking
the formulation of a new Act on data protection for IT companies.
In a letter written to the Union minister for communication and
information technology, Mr Kapil Sibal, the state minister said
that the various incidents of data theft and misuse of private
and personal information had raised concerns about outsourcing
not feature in the list of countries complying with Data Protection
Standards, prepared by the EU. The need for a specific and stringent
legislation in line with the EU or the US Act is of paramount
importance, if India has to sustain investor confidence, especially
among foreign entities which send large amounts of data to India
for back-office operations," the minister said.
Third of Graduates Carry Fake Credentials
to Kola Olugbodi, CEO, Background Check International, BCI,, about
33 percent of applicants present forged credentials, submit fabricated,
exaggerated and misleading CVs just to become employable. "Certificate
forgery has gained ground because the Nigerian society places
too much priority on certificates, thus the need for background
checks during recruitment," Olugbodi said. Citing instances of
doctors, bankers, lawyers, engineers, among others, that have
forged certificates to get jobs, Olugbodi said that certificate
forgery is not gender sensitive.
He said about
10 percent of most companies' workforce has tainted backgrounds
or such tendencies.
are making background checks on new recruits. When they find out
that you are fake, you won't have any excuse."
He also cited
cases of people that didn't go to school at all but forged certificates
just to gain employment.
Background Checks More Important than Ever
As the world's
economy keeps scaring people through a boomerang effect that began
three years ago and some economist predict will last seven more,
scams in the Philippines and the entire Asian region seem to be
evolving. Criminals and internet scams are not cyclical, they
in fact do quite well in an economic downturn. Business scams
are often the highest volume in recessions, while romance scams
and online dating scams seem to stay steady regardless of the
economy. Given the ongoing uncertainly and trouble in the global
economy, business fraud levels are very high, and the Philippines
remains a high risk area, and for investigators considering conducting
business or starting a new relationship in this island nation,
a professional background check is key.
scammers are becoming more sophisticated and experienced criminals
can be far more devastating than the average internet scammer.
Criminal groups conducting online business fraud and scams can
now be organized and highly effective, with management or bosses
coordinating the scams even from other countries, such as Malaysia
or Hong Kong. The NBI (National Bureau of Investigation) in Manila
says business fraud is a greater risk than ever for foreign firms
looking to invest in the Philippines and Malaysia. Joint law enforcement
agencies between the two countries have had some success, but
when one network gets shut down, another quickly rises.
UK Continues to Oppose New Single EU Data Protection Law Regime
The UK remains opposed to a single data protection regime across
member states and is joined in its resistance by Denmark, Slovenia,
Belgium, Hungary and Sweden. The countries plan to back a new
data protection directive, while Bulgaria, Germany, Spain, the
Netherlands, Luxembourg, France, Italy, Greece and Ireland have
indicated support for a new regulation instead. In January the
Commission outlined plans to bring the EU's data protection framework
up-to-date with the digital age. Its proposed General Data Protection
Regulation would replace the existing regime. Currently EU member
states have slightly different data protection laws from one another,
a consequence of the way those countries have implemented the
1995 Data Protection Directive into national laws. While the wording
of EU Directives does not have to be precisely copied into national
laws, EU Regulations do contain a binding set of rules that, if
approved, apply across the entire trading bloc.
UK Justice Minister Helen Grant said, "I believe that the proposed
EU data protection legislation is too prescriptive, which is why
I am pushing for legislation that is less burdensome-providing
protection without stifling growth and innovation."
Picture Looks Brighter, Say Reports
activity in the UK is growing.
services firm ICAP says there is more demand for jobs in both
the temporary and permanent recruitment markets, with a growth
of 7.6% in vacancies.
Institute of Personnel and Development's (CIPD) Labour Market
Outlook report also suggests positive news on the job front for
the rest of the year.
in the UK has grown for the third consecutive month, according
to the Monster Employment Index.
Government Challenges Expected Benefits of Draft European Data
The UK government
published its Impact Assessment of the draft European
data protection regulation and challenges the European Commission
estimated that harmonizing the European data protection regime
would bring a net administrative benefit of €2.3 billion
to the EU. The UK Ministry of Justice analysis of the proposals
concluded that for the UK alone there would be an annual net cost
of between £100 million and £360 million.
The UK government
takes the position that the Commission failed to take into account
all of the costs that would arise from the draft regulation.
The UK government
stated that it will use the evidence set out in its Impact Assessment
to "continue to push for a lasting data protection framework that
is proportionate, and that minimizes the burdens on businesses
and other organizations, while giving individuals real protection
in how their personal data is processed."
Council of Europe Promotes Personal Data Protection
in Latin America
The Council of Europe is promoting international co-operation
in the field of personal data protection, in particular by encouraging
non member states to ratify the Convention for the protection
of individuals with regard to Automatic Processing of Personal
Data, also known as Convention 108. Uruguay has initiated the
ratification process and therefore may become the first non-Council
of Europe member state to do so. Council of Europe's Jörg
Polakiewicz said, "The eventual accession of Uruguay will be a
key step towards the global promotion of the convention and intergovernmental
cooperation on personal data protection," adding, "We are sure,
hopefully, that Uruguay will be the first of many non-European
countries to join the treaty." This convention is the first binding
international treaty which protects individuals against abuses
which may accompany the collection and processing of personal
data. Created in 1981, it remains the only legally binding standard
which has the potential to be applied worldwide, providing legal
certainty and predictability in international relations and open
for signature by any country.
RESOURCE CENTER FEATURE OF THE MONTH
Calendar – Celebrate Everyday
To Use Personalized PR To Create Big Buzz for your HR Business
with personalized PR is mounting, yet most companies still
default to mass emails to large distribution lists. These
mass depersonalized emails—“Dear (NAME)”—flood
journalists’ in-boxes, from dozens to hundreds per
day. Amidst this deluge, the companies that tailor
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and thus get more attention.
your complimentary copy of How
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ADVERTISERS IN THIS EDITION
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.
UPCOMING CONFERENCES, COURSES & EVENTS
and 2013 Events ( Click
Here to View full list of Events ) - Updated
State Conferences, visit
and Alcohol Testing Industry Association (DATIA), 2012 Training
Course Schedule, visit
Training Institute Learning Events, http://www.sapaa.com/
Federation of People Management Associations, Events,