AML and KYC Compliance: Why is it so CrucialFinarm
Security is the key point of every business. Organizations employ all the best practices, preventing a data breach and financial fraud. These include KYC and AML.
Learn more about these services from our presentation!
AML and KYC Compliance: Why is it so CrucialFinarm
Security is the key point of every business. Organizations employ all the best practices, preventing a data breach and financial fraud. These include KYC and AML.
Learn more about these services from our presentation!
‘Collection Skills’- a leading Training Provider & the only one in this part of the world to be listed in the ‘Collections & Credit Risk Magazine’ under ‘Who’s Who in Training’ & ranked top on all top search engines.
‘Collection Skills’- as the name says, specializes in conducting Professional Training Programs for the industry in ‘Prevention & Collection of Debt’ and has been regularly doing so for the last 13 years serving customers from a diverse range of industries, with an impressive list of some of the top most names in India, Middle East & SE Asia.
Objective of the Program
a) To ensure participants are equipped with the necessary skills in Collecting/Minimizing the outstanding, while yet keeping the Customer using a very professional approach.
b) To provide a thorough understanding of how bad debt occurs, how to prevent it, and the impact it has on the organization.
c) To ensure that the team is equipped with the skills to manage /control/ monitor Collections on a day- to- day basis.
d) To equip participants with the skills in understanding the behavior pattern of customers (defaulters), in order to ensure that they fine-tune theirs to that of each customer.
Program Outline:
‘Collection Skills’ program on ‘Professional Training Skills for Prevention/Collection of Accounts Receivables/ Debt’, would cover the basics in credit & cash flow management right from how bad debt occurs with methods to prevent the same, through the steps of an effective collection call (both on phone & face to face) with emphasis on the importance of documentation/ reports/ procedures for systematic follow-up; including series of letters and general tips for chasing your money too (by encouraging proactive methods!).
In brief the 4 HOW’s would be covered:
HOW bad debt occurs (everyone needs to understand the impact of this on the organization)
HOW to prevent (prevention is better than cure!)
HOW to collect your money…& finally
HOW to keep your customer!
This is basically do it yourself credit repair letters, you can use these letters when disputing items and sending them in to the credit bureaus yourself.
This is a sample credit report dispute letter. If you find incorrect information on your report, send a letter like this along with supporting evidence to the offending consumer reporting agency.
Your Ultimate guide in turning complaints into business opportunities. For more free training, tips and tools - check us out at: www.tek-infovision.com Email me at: bam@tek-infovision.com
Credit Control Lunch and Learn session for new start ups. Improve payment performance with active credit management. Some fundamentals on credit management.
‘Collection Skills’- a leading Training Provider & the only one in this part of the world to be listed in the ‘Collections & Credit Risk Magazine’ under ‘Who’s Who in Training’ & ranked top on all top search engines.
‘Collection Skills’- as the name says, specializes in conducting Professional Training Programs for the industry in ‘Prevention & Collection of Debt’ and has been regularly doing so for the last 13 years serving customers from a diverse range of industries, with an impressive list of some of the top most names in India, Middle East & SE Asia.
Objective of the Program
a) To ensure participants are equipped with the necessary skills in Collecting/Minimizing the outstanding, while yet keeping the Customer using a very professional approach.
b) To provide a thorough understanding of how bad debt occurs, how to prevent it, and the impact it has on the organization.
c) To ensure that the team is equipped with the skills to manage /control/ monitor Collections on a day- to- day basis.
d) To equip participants with the skills in understanding the behavior pattern of customers (defaulters), in order to ensure that they fine-tune theirs to that of each customer.
Program Outline:
‘Collection Skills’ program on ‘Professional Training Skills for Prevention/Collection of Accounts Receivables/ Debt’, would cover the basics in credit & cash flow management right from how bad debt occurs with methods to prevent the same, through the steps of an effective collection call (both on phone & face to face) with emphasis on the importance of documentation/ reports/ procedures for systematic follow-up; including series of letters and general tips for chasing your money too (by encouraging proactive methods!).
In brief the 4 HOW’s would be covered:
HOW bad debt occurs (everyone needs to understand the impact of this on the organization)
HOW to prevent (prevention is better than cure!)
HOW to collect your money…& finally
HOW to keep your customer!
This is basically do it yourself credit repair letters, you can use these letters when disputing items and sending them in to the credit bureaus yourself.
This is a sample credit report dispute letter. If you find incorrect information on your report, send a letter like this along with supporting evidence to the offending consumer reporting agency.
Your Ultimate guide in turning complaints into business opportunities. For more free training, tips and tools - check us out at: www.tek-infovision.com Email me at: bam@tek-infovision.com
Credit Control Lunch and Learn session for new start ups. Improve payment performance with active credit management. Some fundamentals on credit management.
Integrated Building Managment System consist of Controlling AHUs, Chillers, Pumps, Fire Alarm BACNet Integration, Access Control OPC Integration, Lighting Integration(Multistage), Metering Integration using Frer and Lovato Energy Analyzer and Landis & Gyr ZMG Meters for Commercial Billing System.
Consumers, Regulators and You — Are You Meeting Your FCRA Responsibilities?Experian
Consumers have a new advocate in Washington, D.C. Consequently, there are new pressures that data providers and furnishers must learn to balance. Why risk fines and penalties for failing to care for your customers and their data? Understanding the new demands by regulators — but more importantly, by your customers — can be a breakthrough moment for your organization. Learn how reporting quality account data benefits you and your customers and satisfies your regulatory obligations.
View our presentation from industry-leading experts Tony Hadley and Carmen Hearn from Experian® and learn how to assess the quality of your consumer credit data and meet today’s regulatory challenges. Tony and Carmen will provide insider insight into this rapidly changing landscape and share details on how new regulations are defining the components of a more consumer-focused environment. Walk away with an understanding of:
•The current regulatory landscape and what may come next
•How to ensure a positive customer experience
•How to be proactive and prepared for an exam
•Compliance challenges within the industry
Experian® understands the current regulations that are influencing a variety of lenders and has experience helping data providers prepare for exams. With firsthand knowledge, we can guide you through each step so that your organization is proactive, prepared and compliant.
CI Breaks down the new 2013 rules for CFPB:
The Consumer Financial Protection Bureau (CFPB) now has primary rule making authority over the Federal Fair Credit Reporting Act.
New forms are required for the effective date of January 1, 2013.
Recent changes by the government indicate greater enforcement is on the way. Learn, in this brief webinar, how taking a few simple steps can help you stay in compliance.
Join us for this timely webinar as presenter John Pate shares his expertise on FCRA. At the end of the webinar, we will also host a live Q&A session with John.
Background Checks: How to Stay Compliant with the Onslaught of Legal Changes ...EPAY Systems
Background checks are key to ensuring a safe, secure workplace; however, they also require taking specific steps to ensure compliance with the Fair Credit Reporting Act (FCRA) – and that is no small task, especially considering the onslaught of ban-the-box and other laws protecting ex-offenders that have been enacted at the state and local level.
This webinar will help you better understand what you need to do to stay compliant with the numerous laws that regulate your background screening program.
Join EPAY Systems and Seyfarth Shaw's employment law expert Jennifer Mora as she addresses:
- The latest insights as they relate to the Fair Credit Reporting Act (FCRA).
- What you need to know to remain FCRA-compliant.
- How to align your screening practices with FCRA regulations.
- How to navigate the wave of ban-the-box laws sweeping the nation.
- Understanding other legal issues that touch on an employer’s background screening process.
About EPAY Systems
EPAY Systems is a leading SaaS provider of human capital management technology and services designed to help medium to large businesses better manage their workforce. Our solutions include recruiting and applicant tracking, new hire onboarding, benefits administration, HR management, time tracking, workforce management, payroll processing, tax management, performance management, ACA reporting, COBRA administration, and more.
At EPAY Systems, we understand the challenges of people management, especially when dealing with the complexities of an hourly workforce. That’s why our number 1 priority is to make your life easier. Our services, complete with easy-to-use cloud software and 24/7 customer support, manage everything for you—from pre-hire to retire. And when it comes to pricing, there are no surprises. You pay one straight-forward, all-inclusive monthly price.
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2021/
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
In this section of "Rise of the Machines: Avoiding the Legal Pitfalls of App Development" Roger Royse, founder of the Royse Law Firm, discusses:
1. Misclassification: Independent Contractor vs. Employee
2. Managing Risk: What Are the Direct & Indirect Costs
3. Strategies for Avoiding Misclassification
4. Reporting
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=261915068&slides=8FFUUS9Gyz9IpR
You only get one chance to make a first impression, so you want to make sure you’re your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Chapter 3Risk Management in EmploymentEmployment Re.docxketurahhazelhurst
Chapter 3:
Risk Management in Employment
Employment Relationship carries Risk
• Risk to an organization is not limited to
provider-patient relationships
• As in any business, the healthcare organization
has responsibilities to its employees. Many of
which, if not properly implemented/enforced,
can lead to negative and litigious results
Employment-at-Will
• An employer may dismiss an employee
hired for an indefinite period of time for
any reason or no reason at all without
incurring liability to the employee
• Caveat: cannot discharge for an unlawful
reason, such as racial discrimination
Implicit Employment Contracts
• Though most states follow the employment-at-
will doctrine, many organizations may
unknowingly negate their ability to apply this
principle through
– Employer policies (i.e. progressive disciplinary policy)
– Oral assurances (i.e. looks like you have a bright
future ahead of you here)
– Industry customs (i.e. after so many years in one
position, employees are promoted to the next level)
– Employer conduct (i.e. allowing some employees
more chances to correct errors than others)
Burden of Proof
• In civil litigation of discrimination, the burden of
proof is usually on the plaintiff -they must show:
• Membership in a protected group
• Satisfactory job performance or appropriate
qualifications for the job being sought
• Receipt of discipline, termination or rejection
despite having the qualifications
• Employees of another protected class were
disciplined less severely or the employer continued
to accept application of people who were no better
qualified
Sexual Harassment
• Unwelcome sexual advances, request for
sexual favors or other verbal or physical
conduct of a sexual nature when it is one of
the following:
• is a condition of employment
• is the basis of employment decisions
• interferes with work performance
• creates a hostile work environment
Minimizing Risk of Sexual Harassment
• Organization must exercise reasonable care to
prevent and correct any sexually harassing
behavior
– Written policies/procedures
– Documented staff training on policies/procedures
– Consistently adhere to and enforce policies
– Immediately investigate allegations of sexual
harassment
Responsibility of the Employee
• Employee must report occurrences of sexual
harassment to employer
– Employer must be given the opportunity to investigate
and take corrective action
• Though it is important that an employer investigate
all reports of sexual harassment, proactively
addressing situations or behavior that may be
perceived as sexual harassment is imperative.
– If management is aware of a potential situation and does
nothing, the risk of litigation and penalty is increased
People with HIV or AIDS
are protected by the ADA
Persons with HIV disease, both
symptomatic and asymptomatic, have
physical impairments that substantially
limit one or more major li ...
G&A Partners Webinar: Legal Pitfalls to Avoid During the Hiring ProcessG&A Partners
f you’ve had any experience hiring employees, you know that there’s no shortage of things that can go wrong during the hiring process: you might miss out on the best candidate; you might hire someone who doesn’t fit in to your organization, or, worst of all, you might say or do something that leaves you and your employer open to a lawsuit. While no company’s hiring process is perfect, by implementing and following carefully constructed hiring policies and procedures, you can ensure that both you and your employer are protected from costly litigation.
This webinar, hosted by Sean O’Donnell, one of G&A Partners' experienced HR advisors, explains how to avoid some of the most common pitfalls of the hiring process, including:
• Labor and employment laws associated with each stage of the hiring process;
• How to create and enforce legally compliant hiring policies and procedures;
• How to improve your hiring process while protecting your organization from discrimination charges.
What's Going on in Labor and Employment Law: 2016 and BeyondG&A Partners
What’s trending in the world of human resources compliance? Get the inside scoop on the hottest topics in labor and employment law from a board-certified expert in this fast-paced webinar program.
How to Respond to Active Shooter Incidents in the Workplace G&A Partners
Over the past few months, coverage of mass shootings at Umpqua Community College in Roseburg, Oregon, and the Inland Regional Center in San Bernardino, California, has gripped the country and shone a national spotlight on what law enforcement calls “active shooter incidents.” According to a report released by the FBI, the most likely places for an active shooter incident to occur are commercial businesses, a fact that has many employers worried about the safety of their employees and customers.
Helping Employees Find a Work-Life BalanceG&A Partners
It’s no secret that the composition and needs of today’s workforce is completely different than that of 50 years ago, or even 20 years ago. With so many more demands on their time, it’s no wonder that the majority of employees struggle to balance their personal and professional responsibilities. Why should employers care? Employees who feel overworked are generally unhealthier, unhappier, less productive and more prone to absenteeism than employees who have achieved a work-life balance, and can negatively impact an organization’s overall performance.
G&A Webinar: Religion in the Workplace: January 2016 G&A Partners
Today's workforce is made up of individuals with varying and sometimes conflicting opinions about appropriate religious expression, particularly in the workplace. Because religion can be so deeply personal, disagreements tend to be uncomfortable, especially when emotions run high. In this atmosphere, employers may face challenging questions as they attempt to balance the rights of employees and the needs of the business, and be uncertain of what actions or policies they can and cannot implement to address the issue of religion.
Join us for a free webinar on Thursday, January 28 at 11 a.m. CST as Sean O’Donnell, one of our experienced HR advisors, explores the dos and don’ts of how to handle religion in the workplace.
Attendees of this free webinar will:
• Learn about the legal background of this issue, including federal regulations, case law and best practices;
• Explore an in-depth look at all issues of religion in the workplace: discrimination, harassment, accommodation and inclusion; and
• Come away with knowledge and practical strategies to deal with situations that may arise concerning religion in the workplace.
In this webinar, our HR expert reviewed the purpose and definition of the Family Medical Leave Act (FMLA), the rights and responsibilities of both employees and employers under FMLA, as well as how to recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA.
In the work-centered world that we live in today, employees can more easily face burnout. Not only does this lead to detrimental mental, physical, and emotional health issues for the employee, it also has the potential to adversely impact the quality of their work, the work environment, and the overall business as a whole. This webinar covers risk factors that lead to burnout, how to identify burnout in employees, and how to mitigate the circumstances that can lead to burnout.
Preparing For The Affordable Care Act In 2016G&A Partners
Two of G&A Partners' Health Care Reform Specialists review potential strategies heading into 2016 that employers can use to ensure your business remains compliant with the employer provisions and mandate of the Affordable Care Act.
Discussion topics will include:
> The changes going into effect next year for employers with 50 or more full-time equivalent employees.
> The pending IRS reporting requirements employers will need to comply with.
> G&A Partners' ACA compliance tools and services.
Taking time to set and communicate performance objectives seems to overwhelm all managers at one point or another. In this webinar, Denise Macik, one of G&A Partners’ HR experts, will discuss the purpose of effective expectation discussions, how set performance goals and communicate them with your team, and provide guidance on how to handle tough situations that may happen during a discussion about performance.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
Building an effective safety culture editsG&A Partners
Join us as we offer proven solutions and techniques that encourage company-wide buy in for your safety initiatives. We will discuss the benefits of empowering your employees to take personal responsibility for their own safety, as well as the safety of those around them. Topics will include incentive programs, visual safety, and behavioral-based safety programs.
The traditional model for performance appraisals is proving to cause more problems than employers intended. Studies show that performance appraisals typically yield skewed results, have the ability to psychologically impact the employees, and are time-consuming with little ROI. In this webinar we will discuss:
• Specific problems with the traditional performance appraisal system affecting employees, managers, and the organization as a whole
• Effective tools that have been proven to accurately measure performance with valid outcomes
• Why employers should move away from the traditional performance appraisal model and move towards the performance management model
Recruitment Process Outsourcing WebinarG&A Partners
Host: Jose Laurel - Director of Recruitment Services G&A Partners
Recruitment Process Outsourcing (RPO) is a form of business where an employer transfers all or part of its recruitment processes to an external provider. This webinar is intended for recruiters, hiring managers, business owners and executives.
Understand the meaning of Recruitment Process Outsourcing. Become familiar with the multiple components
Determine how an RPO can be utilized in their organizations. Recognize that RPO is not just one process but a series of processes that can be used as needed
Answer the questions, do we have a recruiting process that works, or do we need to explore RPO options. Learn the benefits that an RPO can have on their organization.
Identify how to build alignment between recruitment efforts and corporate strategy. Seek next steps to improve recruiting and be creative in a competitive employee driven market
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
G&A Partners Webinar - Respect in the workplaceG&A Partners
Maintaining respect and civility is a key component of creating a positive work environment. In this webinar, Vance Daniels, SPHR, will discuss how to identify and deal with conflict, harassment and discrimination, and what supervisors can do to promote respect in the workplace.
Resolving interpersonal conflict in the workplace
Recognizing and reporting harassment & discrimination
Handling complaints and taking corrective action
Professional Employer Organizations: Keeping Turnover Low and Survival HighG&A Partners
In the 2013 report, “Professional Employer Organizations: Fueling Small Business Growth,” a comprehensive analysis of existing economic data showed that small businesses in PEO arrangements have higher growth rates than other small
businesses, and small business executives who use PEOs are better able to focus their attention on the core business. In further exploring the impact of PEOs and their potential to help small businesses better meet the challenges of today’s
demanding economic conditions, this follow-up study examines employee turnover and business survival rates for businesses using PEOs and compares them to national data available from the U.S. Bureau of Labor Statistics (BLS). Applying a variety of different data specifications, we consistently found that PEO clients have lower employee turnover rates and lower rates of business failure than comparable national averages, after controlling for factors such as industry, size, and state of location.
Please join us for a G&A sponsored webinar with our outside counsel and nationally recognized expert on the Affordable Care Act, Seth Perretta of Groom Law Group, Chartered. Seth Perretta, who is located in Washington, DC and represents many employers and insurers (as well as the American Benefits Council (ABC) and America’s Health Insurance Plans (AHIP)), will provide an overview of what employers should be thinking about in 2015 with respect to the ACA. Seth will discuss, in part, the following:
Immediate issues of concern for employers who need to comply with the employer mandate as of January 1, 2015
Pitfalls for small employers with respect to the ACA, including compliance risks associated with small employers seeking to reimburse employees for their out-of-pocket medical expenses, including individual insurance premiums
The future of the high-cost “Cadillac Tax” provision and its likely effects on employer plans
The Supreme Court’s highly anticipated decision in King v. Burwell, and its potential to dismantle the ACA
Recent legislative activity related to health reform back in Washington, DC and the likelihood that this activity will lead to changes in the rules that govern your employer benefit plan offerings
Avoiding Unwanted Scrutiny Against Unemployment Insurance LawsG&A Partners
New conditions by the Federal government require all states to pass legislation to punish employers (or their agent’s) for demonstrating a pattern of failure to adequately respond to state UI information requests.
Employer responses to unemployment insurance claims is no longer a situation in which they can choose not to respond, but rather a requirement that must be performed by employers in order to be in compliance with these changes.
This webinar serves to educate the participants in explaining how and why this action by the federal government occurred and how to respond to these new changes.
An HR audit is a means of assessing a company's level of compliance with federal and state laws that measures the effectiveness of your HR policies and practices. In this webinar we will discuss employee relations, employee classification, job descriptions, and the interview process.
In the past, in-house human resources professionals and Professional Employer Organizations (PEOs) have had a rocky relationship. The main cause of this rift has been the belief that PEOs are out to replace in-house HR. G&A Partners, a Texas-based PEO, takes a closer look at this long-held - but completely false - myth, and explains why HR professionals should embrace, not fear, the services that Professional Employer Organizations offer.
2. Disclaimer
• I am not an attorney. Sometimes I talk like one or what I believe
an attorney sounds like. I’ve met many attorneys and am also
friends with several. They are essentially good people who try
hard and have good intentions. Their primary job is to avoid risk
but they are not always right.
• What I’m going to say today is totally my opinion. It is based on
experience (30+ years) and knowledge gained from making
mistakes. This conversation is about the fundamentals, the
“basics”, which will comprise 99% of the FCRA issues you will face
on a daily basis. If you run into an odd situation, ask me because I
may have already run into it. But, at the end of the day, you need
to talk to an attorney. They are licensed to give legal advice and I
am not.
4. Why Should I Care About This?
• April 2012 – EEOC enacts new guidelines for
use of criminal records in hiring
• November 9, 2012 – Today Show airs expose
on Background Check Industry
• January 1, 2013 – Consumer Finance
Protection Bureau assumes enforcement of
FCRA
• February 12, 2013 – 60 Minutes airs segment
the “shocking truth” about credit bureaus
7. Overview
• The FCRA is a Federal law that regulates a
very broad range of consumer transactions
including, but not limited to, credit,
insurance, housing (tenants) and the
employment process.
• Many states have their own version of the
FCRA. The Federal law supersedes state law
unless the state law is more stringent i.e.
California.
8. How We Got Here
• The FCRA was enacted in 1970
• Substantive amendments in 1996 and 2003
• Federal Trade Commission was responsible
for enforcement
• Effective January 1, 2013, enforcement is
now shared with Consumer Finance
Protection Bureau (CFPB).
9. TERMS YOU NEED TO KNOW
• CRA - Consumer Reporting Agency: Any
person or agency that assembles consumer
credit information (background checks) for
end users for money. That’s what LS
Screening is.
• End User: Any person or Agency that has
“permissible purpose” to access public and
proprietary records in the employment
process. That’s what YOU are.
• Consumer: Job Applicant
10. Terms - Continued
• Permissible Purpose occurs when a person or
Agency has established the legal right to access
public and proprietary records in a regulated
process (employment). Permissible purpose can be
defined by both the Federal and State governments
and may very accordingly. In our world, Permissible
Purpose begins when the employer discloses to the
applicant that a background check will be ordered
and the applicant signs the disclosure and release
form.
• “NAAASR” - pronounced “NAY-zer”: Notice of
Adverse Action and Applicant Summary of Rights
11. Terms - Continued
• Consumer Report: any written or verbal report
about a consumer (applicant) regarding their
“fitness” or “worthiness” for employment. It can
include criminal records, credit reports, driving
records, verification of previous employment and any
other piece or combination of pieces of data that
could affect an employer’s hiring decision.
• Adverse Action: Any action taken by the end user
that has a negative impact on a consumer i.e. “denial,
cancellation or unfavorable change” in employment
status, includes hiring, promotion, etc.
12. The Participants
• The Consumer Reporting Agency (CRA) - LS
Screening
• The End User - The Employer - G&A Partners
• The Consumer - The Applicant
• Proprietary Data Providers i.e. MVRs, credit
reports (new)
13. Responsibilities
• The CRA (LS Screening)
• Document and establish permissible purpose of
end user
• Provide reports that comply with Federal and
State Laws
• Maintain “reasonable” measures to insure
accuracy of reports
• Re-investigate consumer reports; correct
inaccurate reports
14. Responsibilities
• The End User
• Establish permissible purpose status by
complying with existing laws.
• Disclose to and receive consent from the
applicant before background check is ordered.
• Provide NAAASR when employment is denied and
the background check contributed “in whole or in
part” to their decision.
15. Responsibilities
• The Applicant
• Can include employee, independent contractor or
volunteer
• Has the right to dispute inaccurate information
• Proprietary Data Providers (MVRs, Credit
Reports, etc.)
• Audit CRAs to insure permissible purpose is being
observed.
16. What Every Employer Needs to Know
• The key to success is executing the
fundamentals
• Disclose and get consent in writing from the
Applicant before requesting a background check
when the end result may be adverse action. This
is where most mistakes occur.
• Provide NAAASR to Applicants that aren’t hired
• FCRA does NOT apply to drug testing
17. Disclosure
• Should be clear, conspicuous and in writing
before the background check is ordered
• Should be in a document that consists
“solely of the disclosure”
• Should not be part of a printed employment
application
• “Blanket” (aka “Evergreen”) disclosures are
permitted.
• FYI - Employees can DQ Applicants who
refuse consent
18. Pre-Adverse Action
• Before taking adverse action, the employer
must provide the consumer 1) With a copy of
the report and 2) A summary of the consumer’s
rights under the FCRA
• The report must be un-redacted i.e. must be the
complete report
• Notice must be given if the information in the report
DQs the applicant from employment
• The idea is to give the applicant time (one week is
recommended) to dispute the information in the
report.
19. Adverse Action
• Is the sole responsibility of the End User; can
outsource the process but not responsibility
• Can be given orally, in writing or electronically
• Must include right to a free copy of the report
and the right to dispute the accuracy of the
report
• Must include name, address and telephone of
CRA who created the report
20. What does John think??
• Disclaimer Redux
• The Disclosure/Consent should be simple, separated from
the application & “evergreen” (always in force)
• Pre-Notices of Adverse Action should be given to everyone
on whom database searches are used as primary search
source. Database searches are not the most accurate or
current record.
21. What does John think??
• Don’t do a background check on every
applicant BUT, if you do and don’t hire the
person for any reason, send them a NAAASR.
• Avoids having to “prove the negative”
• Eliminates the issue completely
• Cheap insurance
• Keep employee files for 5 years
22. FAQs
• Do I need a release to run a criminal background check on
someone.
• YES - if the end result may be adverse action (of any kind) against the
subject. Criminal records are public and accessible to anyone so it’s
all about how they are used.
• What about an MVR or credit report?
• Those records are not public and access is regulated; disclosure and a
signed release are required
• Do I need to send a NAAASR to everyone I don’t hire?
• No - the FCRA says the background check must have contributed to
your report. However, since you have the report, you’ll then have the
burden of proving it wasn’t a factor - not easy to do.
• What kind a background check isn’t a consumer report regulated
by the FCRA?
• The one you don’t order. Okay, seriously, it’s the one that has nothing
to with the employment process.
23. References
• The Fair Credit Reporting Act
• http://www.ftc.gov/os/statutes/031224fcra.
pdf
• Notice to Users of Consumer Reports
• http://www.ftc.gov/os/2004/11/041119facta
apph.pdf
• NAAASR (2013)
• http://lsscreen.com/resources/
24. Questions?
Please send all questions and
comments to
info@gnapartners.com