July 2008 , Volume 1, Edition 3

 
     
 From the President

Welcome back to our Monthly Newsletter! By now we are into the full summer swing and we hope you are enjoying the warm, long days!





Beth Miller
President, DataCheck, Inc.

 Where is DataCheck?

DataCheck is located in the quaint community of San Juan Capistrano, California. San Juan Capistrano is famous for Mission San Juan Capistrano, one in a chain of 21 settlements founded by the Spanish missionaries during the middle 1700s. On November 1, 1776, Father Junipero Serra founded the San Juan Capistrano Mission, in what is now Orange County. San Juan Capistrano Mission is famous for its swallows, which fly south every year on October 23 to Argentina and return on March 19. Legend says the swallows took up residence here to escape an innkeeper who kept destroying their nests. The swallows arrive at San Juan Capistrano Mission in groups and make
their nests from mud and saliva, building them under the eaves of the buildings. The community celebrates the arrival of the swallows with equestrian parade, the longest non-motorized parade in the nation.

 LEGAL ISSUES

An Immigration Dashboard For Human Resource Professionals - Part 1


The maze of immigration laws governing employment authorization for foreign nationals is Perplexing and Perilous. This article will provide employers with key elements and information to help understand and navigate the maze:

  • Practical information concerning basic principles of work-related immigration law
  • Eligibility criteria for the most popular work-visa categories.
  • Best practices when hiring or continuing to employ foreign and domestic workers,
  • Recommended procedures to follow after receipt of a "no-match" letter.
  • Useful tips to make sure that foreign workers maintain lawful immigration status throughout the employment relationship and are not prevented from working by delayed security clearances or restrictions on travel abroad and reentry to the United States.
  • Guidance on ways to limit or minimize liability, or negative, unintended immigration-related outcomes affecting the workforce and the employment relationship.

For More Information Go To: http://www.mondaq.com/article.asp?articleid=60772&email_access=on

Connecticut Becomes Only The Second State To Mandate An Employee Data Protection Policy

With the State of Connecticut reeling from a series of massive security breaches that have exposed the personal information of hundreds of thousands of state residents, Connecticut's Governor and General Assembly joined forces in mid-June to make Connecticut only the second state (after Michigan) to mandate that private employers publish a policy on the protection of employee Social Security numbers (SSNs). The new Connecticut law — entitled, "An Act Concerning the Confidentiality of Social Security Numbers" (the "Act"), and effective October 1, 2008 — also imposes on private employers a statutory duty to safeguard, and properly dispose of, personal information more broadly defined. The Act requires the creation of a "a privacy protection policy" by any entity that collects SSNs in the course of its business. Consequently, the Act requires employers to promulgate a policy that, at a minimum, (1) protects the confidentiality of SSNs; (2) prohibits unlawful disclosure of SSNs; and (3) limits access to SSNs.

For More Information Go To: http://www.mondaq.com/article.asp?articleid=62408&email_access=on

President Bush Signs Amended Executive Order 12989 Requiring Federal Contractors To Use The E-Verify Employment Verification System

On June 6, 2008, President Bush signed an amendment to Executive Order 12989, which now requires federal contractors to use the E-Verify employment verification system to confirm the employment eligibility of all new employees hired during a contract term and all existing employees assigned to work on a federal contract. Until now, private employers were invited to use the E-Verify system, but enrollment was voluntary. Depending on the number of government contracts issued in the coming years, Department of Homeland Security ("DHS") Secretary Michael Chertoff stated that this executive order could potentially affect as many as 1 million workers.

For More Information Go To: http://www.mondaq.com/article.asp?articleid=62266&email_access=on

New South Carolina Illegal Immigration Reform Act Affects All Employers in State

The South Carolina Illegal Immigration Reform Act, a comprehensive reform law deemed the "strongest in the nation" by state legislators, was signed by Governor Mark Sanford on June 4, 2008. The Act, H. 4400, requires both public and private employers to verify the work authorization of all new employees, either through the use of the free federal online E-Verify system or by checking the employee's driver's license. The E-Verify online employment verification system is administered by the Department of Homeland Security and the Social Security Administration and lets employers know whether information presented by a new employee matches government records.

For More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1401




 DATA PROTECTION

Fraud: Prevention Really Is Better Than Cure

Fraud prevention is very similar to having a good quality health insurance scheme in place. Just as the body may suffer aches and pains, the corporate world can suffer from changes in market or stakeholder demands; fall in shareholder confidence; lack of trained staff; or incidents of fraud, corruption or malpractice. As long as there is money, fraud and corruption will be a fact of business. But it doesn’t have to be something that causes life-threatening damage to your company. Fraud prevention is not a complex subject that requires a degree or endless training, like medicine. Unlike cancer or heart disease, it is not difficult to detect if awareness and reporting lines are in place within an organisation and everyone in that organisation knows what their responsibilities are. The end result of an investigation is often cathartic. Most importantly, however, it can prevent a total breakdown and the end of a company's profitable life.

For More Information Go To: http://www.antifraudnetwork.com/fraud_preventionreallybetter.htm



Thieves Don't Have to Look Like Thieves!

According to Government Figures, employee theft costs companies billions of dollars a year in lost profits. The direct loss of profit to small business owners can be staggering, especially in today's difficult economic climate. A little common sense and a minimal investment in pre-employment screening can make the difference in the ultimate success or failure of many small business. It is important to be aware of some common theft schemes. Very often, it is sloppy or lax book keeping as well as poor supervision and follow up that sets the stage for employee theft. Good record keeping is not only important to reduce theft, but will improve your business decisions as well. Learn to spot the "Big 7" common employee scams.

To Read the Full Articles Go To: http://ezinearticles.com/?How-to-Reduce-Employee-Theft&id=1152789


 EMPLOYMENT

The Debate Over Reference Checks: What To Share About Former Employees

Last month, an appellate court ruling fueled an ongoing debate in healthcare: What is a hospital's responsibility when responding to a reference check? In essence, the court validated a widespread practice: Providing merely "name, rank and serial number" does not subject the former employer to a lawsuit by the new employer if the employee turns out to be a "bad apple." Despite the ruling, questions remain regarding the extent of a hospital's duty to disclose negative information about former staff physicians and other healthcare employees. In 2001, Kadlec Medical Center (Kadlec), a hospital in Washington State, hired anesthesiologist Dr. Robert Berry, who formerly had staff privileges at Lakeview Medical Center in Louisiana. After his hire by Kadlec, Dr. Berry was involved in a botched routine surgery in which a patient was seriously injured. The patient sued, and her claim ultimately settled for $7.5 million.

For More Information Go To: http://www.mondaq.com/article.asp?articleid=62422&email_access=on


 


The DataCheck Digest is published by DataCheck Inc., a background screening firm. Please direct questions, feedback or request to be added to or deleted from our distribution list to office@datacheck.com

Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advice regarding actions to take in any situation. All advertising or promotional messages are presented for information and marketing purposes only and DataCheck makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences taken without the guidance of a licensed attorney or professional consultant.


DataCheck, Inc. | 32240 Paseo Adelanto #A | San Juan Capistrano | CA | 92675