Update: The CAN-SPAM Act
2003, the CAN-SPAM Act has regulated various aspects of email
marketing campaigns. And now—after a three-year period of
consideration—the Federal Trade Commission has announced
four new rule provisions you should know about. If you're an ethical
email marketer, the four new provisions will likely just reinforce
what you're already doing for your customers and not require you
to do anything differently.
Read About the four topics that these new provisions address go
Background Checks On International Matchmakers
Legislation, sponsored by Senator Paul A. Sarlo, would require
any owner or employee of an international matchmaking organization
to apply for certification from the Division of Consumer Affairs
(DCA) and submit to a criminal background check to operate in
More Information Go To: http://onlinepersonalswatch.typepad.com/news/2008/05/background-chec.html
Law AB 2918 Proposed to Restrict Use of Credit Reports
bill would prohibit the potential user of a consumer credit report
from obtaining a consumer credit report for employment purposes
unless the information is (1) substantially job related and the
employer’s reasons for the use of the information are disclosed
to the consumer in writing or (2) required by law to be disclosed
to or obtained by the potential user of the report. The bill also
would extend the exemption from liability for the maintenance
of reasonable procedures to ensure compliance with the provisions
specified in state law to encompass the new prohibition.
More Information Go To: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_2901-2950/ab_2918_bill_20080428_amended_asm_v97.pdf
Mississippi Requires Employers To Check Employees' Employment
Authorization With E-Verify
Mississippi Employment Protection Act (SB2988), signed on March
18, 2008, requires all employers in the State touse E-Verify to
determine whether employees are authorized to work. The Act further
provides that employers who terminate U.S. citizen or permanent
resident employees while continuing to employ unauthorized immigrants
shall be liable for unlawful discrimination. However, the use
of E-Verify shall be a safe harbor for employers from liability
under this provision. Third party employers must document to companies
to whom they send workers that the employer is registered in E-Verify.
More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1324
States Enact Data Security/Breach Notification Legislation
of personal data continue to affect millions of individuals in
the United States and internationally. To help protect their residents,
state legislatures in the U.S. continue to pass laws aimed at
protecting this data and requiring certain holders of data to
provide notification in the case of a breach. While bills continue
to be mulled in states such as Missouri, Alabama and Iowa, this
article discusses briefly some recent developments in states that
have enacted or are likely to enact data security legislation.
As repositories for information subject to these laws, employers
need to be aware of new mandates and be prepared to deal with
the new notification requirements should a breach occur.
The Full Article Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1360
Applied to Employee Working Overseas
contingent of globally-mobile employees increases, the issue of
whether American law, including the Sarbanes-Oxley Act, applies
to American employees while working overseas is receiving greater
attention by the courts. The presumption followed by the courts
in interpreting American statutory law is that the legislation
applies only to conduct that occurred in the United States (or,
in the case of state law, in the specific state). However, American
legislation will often cover conduct on foreign soil (i.e., apply
extraterritorially) if the lawmakers expressly determined to extend
the law beyond U.S. borders. A few federal workplace laws apply
extraterritorially by express legislative intent: Title VII of
the Civil Rights Act of 1964, the Age Discrimination in Employment
Act of 1967, the Foreign Corrupt Practices Act of 1977, and the
American with Disabilities Act of 1990.
The Full Article Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1364
a business posted a request for a Data Protection Compliant Security
Audit/Survey on the Internet. Is this a sign of times and perhaps
another consulting service for which a need is emerging???
Who's Stealing Your Business?
of all sorts - embezzlement, business identity theft, patent
infringement, and product counterfeiting - is increasing.
The median loss from embezzlement cost small companies $190,000
in 2006, up from $98,000 in 2004, according to the latest
numbers from the Association of Certified Fraud Examiners.
In another case, an accountant who had electronic access
to the books of 15 small companies diverted $1 million meant
to pay taxes to his own account. In another case, a thief
set up a phony website that mirrored that of a small business,
ordered thousands of dollars of supplies from Office Depot,
and then had the bills sent to the real business owner.
Given all the day-to-day challenges small-business owners
face, most feel they don't have the time, patience, or money
to protect themselves. This helps explain why small businesses
are nearly twice as likely to be victims of fraud as are
The Full Article Go To:http://smallbusiness.aol.com/article/_a/whos-
Loss Prevention Best Practices: Managing Sensitive Data
in the Enterprise
today’s strict regulatory and ultra-competitive environment,
data loss prevention (DLP) is one of the most critical issues
facing CIOs, CSOs and CISOs. For those creating and implementing
a DLP strategy, the task can seem daunting. Fortunately,
effective technical solutions are available. This report
presents best practices that organizations can leverage
as they seek solutions for preventing leaks, enforcing compliance,
and protecting the company’s brand value and reputation.For
More Information Go To: http://www.akima.de
June 7, 2008, Staffing.org will be releasing the 2008 Recruiting
Metrics and Performance Benchmark Report. Trusted for nearly
10 years, this new publication will focus on:
and Wrong Metrics: Measurement and Metrics are not the same;
Handicaps of Traditional Metrics
2. Recruiting Trends and Practices: Data on best practices
in recruiting process design and structure, performance
reviews, and more
3. Keys to Staffing Performance: Benchmarks for new hire
quality, time to start, and more
4. Talent Feedback – Internal & External: The
changing relationship between employers and employees plus
additional research sources
5. Technology: Technology systems in today’s enterprises
6. Management Metrics: Staffing metrics vs business metrics,
making the connection, and building consulting partnerships
7. Business Alignment Metrics: C-Suite relationships and
aligning with sales, finance, and production
8. Plus 3 Quarterly Updates in July, October, and January
new data for this report was compiled between April 10,
2008 and May 1, 2008 by surveying 1,015 world-class organizations
including many Fortune 500 companies. Click
here to order your copy today.
Webcast - How to Turn Reference Checking into an Effective
Yves Lermusi, CEO & Founder, Checkster. Before that, he was
the president of Taleo Research.
length: 1 hour Nearly all employers include reference checks as
a standard part of the hiring process. However, many regard it
as a waste of time, rarely providing insight into how well a candidate
will perform on the job. However, when done correctly, a reference
check can be one the best ways to gain insight on a candidate's
true performance. In this webcast, you will learn how you can
transform plain-vanilla reference checking into a valuable assessment
process. Among the issues explored in this webcast:
- What is wrong with traditional reference checks today?
- How do you make your reference check a strong and powerful tool?
- What are the best questions to ask?
- How do you uncover the good and bad aspects of a candidate?
- How do you leverage technology to save time and money?
View This Webcast Go To: http://www.shrm.org/webcast/08may/08lermusi.asp
(it may be restricted to SHRM members)
This Month’s Challenge is sponsored by:
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:
Snaps Up USDatalink
Administaff Inc. has acquired Baytown employment screening services
firm USDatalink. Financial terms of the agreement were not disclosed.
USDatalink offers background-check reporting for companies that
outsource this portion of their employment-screening process.
Under the terms of the deal, USDatalink's current management and
staff will continue to oversee operations and operate under the
USDatalink name, according to Administaff (NYSE: ASF), a Kingwood
human resources provider.
For More Information
Go to: http://www.earthtimes.org/articles/show/administaff-acquires-employment-screening-services-company,374696.shtml
Background Data Announces Safety 1st
Data is pleased to announce that Safety 1st is now available as
a building block service for companies that specialize in volunteer
You can now
build a suite of volunteer screening packages for individual clients
– combining Safety 1st with CrimWATCHSM, CrimSAFESM, or
various other screening services. Safety 1st helps protect non–profit
organizations from negligence claims, prevent costly public relations
nightmares, and ensures the safety of vulnerable populations such
as children and the elderly.
Data is the leading “Wholesale” provider of criminal
history database information to the background screening industry.
To Learn More
or call 866-234-4455.
and Visibility Software Fuse Award Winning Solutions and Proven
Technologies to Create Unique Talent Management and Screening
Interface for HR Recruiters
Background Investigations, Inc. (EBI), an industry innovator in
global background screening, drug testing and occupational healthcare
solutions, recently combined corporate strengths with Visibility
Software’s foremost web-based Applicant Tracking Solution,
Cyber Recruiter, to present human resources managers with a state-of-the-art
approach to talent screening and acquisition.
enables users of Cyber Recruiter’s comprehensive applicant
tracking network to access EBI’s full spectrum of award-winning
background and drug screening solutions entirely through a Web
based bi-directional interface. The dual interface allows users
to select from EBI’s suite of investigative solutions or
a customized platform of single- or multi-line items pertinent
to an organization’s established corporate screening policy
and needs. The online recruiting process is completely paperless
and recruiters can follow the stages of their applicant’s
background screening report in real time right from Cyber Recruiter.
To learn more
In Reference Checks Adds Fortune 1000 Clients, Increases Recruiting
Inc. the leading provider of web-based reference checking solutions,
today announced sustained growth throughout 2007 and first quarter
2008, with a marked increase in corporate Fortune 1000 clients.
SkillSurvey increased their number of new corporate clients 67
percent between 2006 through the end of 2007, with 25 percent
of its client base ranked among the Fortune 1000 to Fortune 50.
The companyincreased bookings by over 300 percent over this time
last year. Notable new clients include GlaxoSmithKline, Reebok,
Time Warner Cable, Rite Aid, Boston Scientific, Kohl’s,
Nutrisystem, Scottrade and Proctor & Gamble. The company has
also seen a 54 percent growth among customers in the staffing
and recruiting market, including Manpower and Kelly Services,
helping them more efficiently screen their prospective contract
workers. The SkillSurvey Pre-Hire 360 solution, named a Top 10
HR Product of 2007 by HR Executive Magazine, enables companies
to complete fast and accurate reference checks without the time-intensive
phone calls. "We’ve gained traction among major companies
as they strive to cut recruiting costs and increase hiring accuracy,"
said Ray Bixler, chief executive officer. "The reference
check has traditionally been handled by phone as a means for gaining
valuable third-party insight into candidates, but the phone-based
process has been hampered by inefficiencies and liability concern.
SkillSurvey has revolutionized reference checking and the robust
growth in our customer base demonstrates the value it offers."
To learn more,
or contact us at firstname.lastname@example.org.
is a unique data integration service for the pre-employment screening
industry. datarush™ gets your data keyed quickly and accurately
and on any system. If you have paper forms, faxes, or any documents
that need keying, you need datarush™.For More Information
Go To: www.chrinfo.com, email@example.com
or call (215) 717-7433
Nominated for 2008 Innovator of the Year Award.
founder, Kenneth Coats was Nominated for the 2008 Business Innovator
of the Year Award sponsored by Black Enterprise Magazine. This
award recognizes individuals who have broken new ground or developed
a new and unique method of doing business. BE Magazine awards
this to individuals who accomplishments have had significant impact
in their respective industries and will pave the way for others
to pursue business opportunities in that area. The award honors
African American ingenuity and invention.
is the world's 1st technology driven expungement and Identity
theft detection and prevention notification website of its kind.
ArrestFree.com patent pending technology help consumers identify
potential and actual records, minor infractions and clear any
record of incident according to applicable local laws. The Chicago-based
website was launched in 2007.
For More Information
About Arrestfree.Com Visit The Company's Website:Www.Arrestfree.Com
BOOK ON BACKGROUND SCREENING AND INVESTIGATIONS:
to Learn About the Latest Issues and Contemporary Views About 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
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)
International Committee Moving Forward
International Committee received approval to use the name NAPBS
International with a specific country or region designation as
it moves forward with establishing affiliated groups in other
countries. The first group to take advantage of this new title
will be NAPBS International – Europe who has an organizing
meeting scheduled for June 2, 2008. Alexander Kelly, Co-Chair,
United Kingdom/Europe International Committee wrote in their invitation
“We are asking that all pre-employment screening professionals
attend this meeting and get involved in this historic undertaking.
Our hope is to have a roundtable discussion of how we take the
next steps in finalizing a chapter in Europe and how we continue
to network with other screening professionals across the world.”
Here for details on the meeting.
Asia Pacific Area Countries International Committee released a
press release in Singapore, Malaysia, Australia and New Zealand
inviting professional screening firms throughout the region to
join them in their organizing efforts to move forward with formalizing
NAPBS International – APAC. Click
Here to Read the Press Release.
you are interested in working with us to create an international
alliance of professional background screening firms please contact
Bob Capwell at email@example.com
or Barry Nixon at firstname.lastname@example.org.
Screening in Asia
By Dave Mattinson,
are some unique challenges, misconceptions and undoubted opportunities
that exist in the Asia marketplace specifically. The disparate
nature of the region and the multiple legislations create a compliance
minefield not easily negotiated without in-depth local knowledge;
China alone consists of 22 Provinces, 5 autonomous regions, 4
self governing municipalities and 2 special administrative zones
(Hong Kong and Macau). The difficulties are compounded by the
fact that concepts of data access and data provision are, in many
instances, less sophisticated than in more developed screening
environments. Whilst access to information is undoubtedly improving
as a whole in Asia, screening policies that may be applicable
and deliverable in the US, may not be easily transferable to the
Asia Pacific arena; criminal record checks are not universally
available and are often first on the list of employment checks
that new comers to Asia wish to conduct.
Read The Full Article Click
Talent Leaving China
entrepreneurs have had a long history of taking opportunities
wherever they present themselves. In the distant past this was
definitely overseas, but in the last 20 years there have been
much more opportunities in China itself. Now China’s bigger
companies are moving overseas again, flush with the cash they
made in the thriving China market, and with the confidence that
comes from recent experience of success. When they do go overseas
they take the best-of-the-best local talent to set up their new
operations in the US, Germany, Australia and so on.
More Information Go To: http://english.talent-software.com/?p=705
boom spawns fake ‘experience’ providers
- The growing demand for experienced staff has spawned a
new kind of Indian industry: firms that dole out fake experience
certificates. Investigations by at least two separate employee
background verification firms in India have revealed the
existence of 150-250 such firms, often masquerading as information
technology (IT) companies. Says auditor and consulting firm
KPMG India’s executive director Rohit Mahajan: “There
are some kind of set-ups that issue fraudulent experience
certificates. We have identified almost 150 firms that are
fictitious companies.” “During our background
verification process for clients over the past one year,
we found 250 firms that fake experience letters, salary
slips and relieving letters to candidates,” added
Abhay Aggarwal, chief executive of Integrity Verification
Services Pvt. Ltd, a Mumbai-based firm that conducts pre-employment
background verification. National Association of Software
and Service Companies (Nasscom), an industry body for technology
companies, too got into the act after a spate of data thefts
in the IT sector. In 2006, Nasscom launched the National
Skills Registry (NSR), an online central registry system
on employees for IT and business process outsourcing professionals
in India. However, while Nasscom aimed to register 500,000
employees by March 2008, there were only 160,000 registrations
by 36 companies through December. “Unfortunately,
the Nasscom initiative has not been significantly successful,”
notes KPMG’s Mahajan. “Companies are more worried
about employee information leakage. It will be some time
before the companies realize the benefits of a centralised
The Full Article Go To: http://www.livemint.com/2008/04/29005158/IT-boom-
Staff Under Lens For Data Security
the wake of BPO employee Prakash Jadhav’s alleged involvement
in a multi-crore credit card fraud, BPOs and ITeS companies are
once again in the limelight for data security practices. With
the rising number of such cases coming to light, outsourcing companies
in the country have now resorted to conduct infinity screening
-- background screening more than once for the employees -- as
a measure to strengthen security.
screening process entails conducting background screening more
than once during the year. Background screening typically happens
when the employee joins the organisation. According to First Advantage
managing director (West Asia) Ashish Dehade Indian companies are
the only ones practising infinity screening. And checks are not
limited to employees anymore. WNS, a third party BPO with over
17,000 employees conducts fingerprint tests for its drivers apart
from its employees in association with district forensic departments.
For More Information
Go To: http://infotech.indiatimes.com/BPO_staff_under_lens_for_data_security/articleshow/3031468.cms
Orgy Link Embarrasses British MI5 Spy Service
– A bizarre sex scandal involving a top motor sports official
and the prostitute wife of a British spy has raised urgent questions
about the screening procedures employed by the MI5 security service.
The Sunday Times and Sunday Telegraph reported that an MI5 officer
had been forced to resign after it emerged that his wife was one
of five prostitutes who took part in an orgy with Max Mosley,
president of Formula One's governing body, the FIA. The affair
raises many questions, not least how MI5 could have failed to
know that the wife of one of its own operatives was working as
Information Go To: http://www.reuters.com/article/newsOne/idUSL1824606020080518?pageNumber=1&virtualBrandChannel=0
Hijacker Found Working as Cleaner at Heathrow Airport
Afghan hijacker living in England was working at Heathrow Airport
in London as a cleaner in the British Airways training center,
the Daily Mail reported. Nazamuddin Mohammidy, 34, was among nine
hijackers who in 2000 diverted an Ariana Airlines flight with
160 passengers on board to Stansted Airport in Essex, England.
The group, armed with guns and hand grenades, claimed it was fleeing
the Taliban and threatened to kill all the passengers unless they
were granted asylum. He has spent months working for a firm that
has a contract to clean at Heathrow. There’s got to be something
seriously wrong with a country that lets a hijacker work at an
airport," an unidentified source told The Sun. "It’s
Read The Full Article Go To: http://www.foxnews.com/story/0,2933,356315,00.html
in UK over staff blacklisting database
announcement that several UK retailers were collaborating on compiling
a database of employees dismissed over suspicion of theft or fraud
caused furore amongst the public, trade unions and civil liberties
groups. The database is the brainchild of Action Against Business
Crime (AABC), the national organisation for Business Crime Reduction
Partnerships in the UK, and is due to go live later this month.
Employees who are dismissed for dishonesty or who resign before
they can be dismissed will be added to the National Staff Dismissal
Register (NSDR), which can be searched by prospective employers
when conducing a background check on a job candidate. The contentious
database appears to have state blessing as AABC is a partnership
between the British Retail Consortium and the Home Office. Employers
will be able to search for job candidates by name, address, date
of birth, national insurance number and previous employer. The
NSDR is supported by major UK retailers such as Harrods, HMV,
Mothercare and Selfridges, as well as human resources company,
Reed Managed Services. AABC said the database is necessary to
reduce the £497m sterling it estimates is lost to UK businesses
each year due to employee theft and fraud.
Read The Full Article Go To: http://www.siliconrepublic.com/news/news.nv?storyid=single10979
have greatly enhanced our International Resource Center to be
a valuable resource for anyone looking for information on doing
international background verifications, vetting or verifications.
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.
data protection in Mexico
International Training Resources
We have added International Training Resources to the International
Resource Center. We will update this section as we identify new
training and educational opportunities.
Bookmark this valuable resource so you can use it over and over.
view the International Section go to www.PreemploymentDirectory.com
and look under the gray line like below in the middle of the page:
the following code BGS2008
thru July to get a 10% discount on online training
(Feel free to share this with your clients, they will thank
you to pull up a chair, take a break and join us in the Background
Bistro to sip a latte and chat with this weeks guest:
week Barton Taylor, CEO of Tazworks LLC. took some time
to sit down and talk to us in The Background Bistro.
My burning question to Barton was ‘How did you come
up with the name Tazworks?’ With a bit of smile, Barton
explained that it was several factors that contributed to
the name. First he and his engineer business partner decided
they were not creative so they would let their wives come
up with a name. The name Taz came up because they both had
sons that were nicknamed Taz. They ultimately had to decide
between TazTech and TazWorks; and finally felt that Tazworks
was the better of the two.
point that came across loud and clear is that Taylor receives
great gratification from his family as well as his job. As
the father of five, including one set of twins, he loves to
attend his kids’ sporting events. “Our third child
was so perfect, my wife and I figured we had the whole child
raising thing down. So we decided to shoot for one more, and
we ended up with twins. With a chuckle he noted that “our
twins are quite the handful and we have come to accept that
kids come as they are."
Barton also enjoys being active and is really into sports
and any type of outdoor activity including snowboarding, rock
climbing, hiking and skiing or anything outdoors you can name.
Barton added that when it comes to outdoor activities, he
has either done it or will do it. His most recent trip to
Africa illustrated his point. He hiked to the top of Mt. Kilimanjaro
where he took the tougher way up, the ‘route less traveled’
(what a surprise) and that he really enjoyed the hike. He
noted that the invisible forces of the altitude grabbed him
at around 17,500 feet, but he pushed through it and it was
truly a great experience."
Switching the focus of our conversation to the business, he
indicated that for employers to conduct timely and cost efficient
backgrounds checks, they must employ a competent and experienced
background screening company. Tazworks, with their premium
software, InstaScreen Premiere 2.0™ allows these companies
to process simple and powerful web-based background checks.
The user-friendly InstaScreen Premiere 2.0™ interface
is intuitive and gives maximum system flexibility.
He emphasized that a big reason for the company’s success
is that "We are extremely reliable, competent, and efficient
in what we do. We allow our clients to outperform the big
boys that have larger technology budgets." He also noted
that to stay one step ahead of the competition in an ever
evolving industry, it is necessary to integrate advanced features
and capabilities into their software applications and above
all, "We make sure our systems are easy to use so that
our clients feel connected at all times. Our clients are constantly
telling us how much they love our software and how good our
customer support is," says Taylor.
Not one to stay content with the status quo, the ambitious
Chief Executive is constantly upgrading the InstaScreen software
so that TazWorks can stay ahead of the competition. Taylor
has future plans for Tazworks, stating "We are always
expanding and upgrading. We have world class programmers that
are putting new and improved features into our system. We
will not rest on our previous accomplishments, we keep pressing
It is clear that a major part of the company’s success
has been derived from the CEO’s ambition to be the best
and to dominate the competition, along with an almost zealous
focus on assembling the most talented team in the industry.
As the visionary of the company, Taylor has hand picked the
most qualified staff available, giving Tazworks the talent
and resources to succeed. He winked, to signal that this was
the secret to Tazworks having gained such a prominent place
in the background screening industry.
To find out more about Tazworks go to their website, www.tazworks.net
or call 801-572-7401
ADVERTISERS IN THIS EDITION
2008 Events (Click
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/
Association for Professional Background Screeners (NAPBS),
2008 Webinar Schedule, visit http://www.napbs.com/content.php?id=289
Federation for Personnel Management, Events, http://www.wfpma.com/dates.html