If you are in Human Resources or responsible for hiring and recruiting new employees, then you don't want to miss this presentation. Get an in-depth overview of the trends and updates that you need to be aware of to make sure that next hire is the right hire.
If you have questions which screening process to implement or how to prepare your prospective candidate form the pre-screening process, you have found the right source.
Universal's user-friendly, web-based solutions simplify the background screening process.
Easily and securely order employment background checks and other screening services, view pending reports in real time, and retrieve and archive completed reports.
Optional e-forms solution allows prospective employees to provide information directly to Universal, reducing your workload.
Universal also integrates with leading ATS and HRIS solutions to help you further automate your workforce management.
The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.
Human Resource Background Checks & FCRA Compliance 2014Eliassen Group
This document discusses background checks and compliance. It outlines what types of background checks employers can conduct, including criminal, credit, employment and education history checks. It explains the legal requirements around background checks under the Fair Credit Reporting Act. Recent lawsuits against companies for background check non-compliance are also mentioned to emphasize the importance of following regulations. The document provides details on various check types, search locations, costs and turnaround times to help employers understand how to properly conduct background checks.
This document discusses the importance of conducting pre-employment background checks and drug testing. It notes that about 10% of job applicants have a criminal record and 34% of applications contain false information. Background checks can help reduce liability risks, decrease turnover, and improve hiring practices. Common screening methods include criminal history checks, drug testing, employment verification, and credit/DMV checks. Companies are advised to establish clear hiring policies and adhere to legal guidelines when conducting background checks.
The Second Chance Law in Indiana allows certain criminal records to be sealed to prevent them from appearing on background checks and potentially affecting employment opportunities. There are restrictions on what types of offenses can be expunged. Records for violent crimes, sex offenses, or crimes committed by elected officials cannot be removed. Individuals can only have one offense expunged, with waiting periods of one year for arrests without convictions, five years for misdemeanors, and 10-15 years for felonies depending on the type. While the law aims to give people a second chance, critics argue the fees of $550 per expungement and limited opportunities to have records removed make it difficult for some to benefit. Supporters believe it achieves
Kegler Brown's creditors' rights and bankruptcy attorneys presented this seminar to a full house on 6/10/2009. Topics covered included an overview of collections in today's economy, the necessity of critical contract terms and negotiations, and resources that every credit manager can use to improve his or her collections process.
Do you ever feel like you are involved in a mystery when conducting criminal record searches? You are not alone.
Criminal record confusion is a crime that can be solved with the First Advantage webinar “It’s a Crime” on Wednesday, August 26, 2015.
Attend the webinar to uncover clues that can kill your search results:
Knowing where to request criminal records (such as county vs. state vs. federal)
Understanding your risks in what you order
Pinpointing legislation that affects usage
With our industry experts, you can hold a magnifying glass up to what other companies do to solve the mysteries around your own criminal background search questions. From 54 million background checks on 16.8 million applicants, First Advantage found:
What criminal record searches typically costs
Where does it take the longest to get results
This document summarizes the services of criminal defense attorney Christopher Braddock. It states that he has over 20 years of experience defending clients against a wide range of state and federal criminal charges in Colorado. These include sex crimes, drug crimes, DUIs, assaults, and white collar crimes. It emphasizes that being charged with a crime can seriously damage one's reputation and freedom, so it is important to hire an experienced criminal defense attorney like Mr. Braddock to investigate the case and create a strong defense strategy. Contact information is provided for interested potential clients.
The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.
Human Resource Background Checks & FCRA Compliance 2014Eliassen Group
This document discusses background checks and compliance. It outlines what types of background checks employers can conduct, including criminal, credit, employment and education history checks. It explains the legal requirements around background checks under the Fair Credit Reporting Act. Recent lawsuits against companies for background check non-compliance are also mentioned to emphasize the importance of following regulations. The document provides details on various check types, search locations, costs and turnaround times to help employers understand how to properly conduct background checks.
This document discusses the importance of conducting pre-employment background checks and drug testing. It notes that about 10% of job applicants have a criminal record and 34% of applications contain false information. Background checks can help reduce liability risks, decrease turnover, and improve hiring practices. Common screening methods include criminal history checks, drug testing, employment verification, and credit/DMV checks. Companies are advised to establish clear hiring policies and adhere to legal guidelines when conducting background checks.
The Second Chance Law in Indiana allows certain criminal records to be sealed to prevent them from appearing on background checks and potentially affecting employment opportunities. There are restrictions on what types of offenses can be expunged. Records for violent crimes, sex offenses, or crimes committed by elected officials cannot be removed. Individuals can only have one offense expunged, with waiting periods of one year for arrests without convictions, five years for misdemeanors, and 10-15 years for felonies depending on the type. While the law aims to give people a second chance, critics argue the fees of $550 per expungement and limited opportunities to have records removed make it difficult for some to benefit. Supporters believe it achieves
Kegler Brown's creditors' rights and bankruptcy attorneys presented this seminar to a full house on 6/10/2009. Topics covered included an overview of collections in today's economy, the necessity of critical contract terms and negotiations, and resources that every credit manager can use to improve his or her collections process.
Do you ever feel like you are involved in a mystery when conducting criminal record searches? You are not alone.
Criminal record confusion is a crime that can be solved with the First Advantage webinar “It’s a Crime” on Wednesday, August 26, 2015.
Attend the webinar to uncover clues that can kill your search results:
Knowing where to request criminal records (such as county vs. state vs. federal)
Understanding your risks in what you order
Pinpointing legislation that affects usage
With our industry experts, you can hold a magnifying glass up to what other companies do to solve the mysteries around your own criminal background search questions. From 54 million background checks on 16.8 million applicants, First Advantage found:
What criminal record searches typically costs
Where does it take the longest to get results
This document summarizes the services of criminal defense attorney Christopher Braddock. It states that he has over 20 years of experience defending clients against a wide range of state and federal criminal charges in Colorado. These include sex crimes, drug crimes, DUIs, assaults, and white collar crimes. It emphasizes that being charged with a crime can seriously damage one's reputation and freedom, so it is important to hire an experienced criminal defense attorney like Mr. Braddock to investigate the case and create a strong defense strategy. Contact information is provided for interested potential clients.
ICFECI provides investigative services for criminal defense attorneys, including for complex white collar cases involving securities fraud, healthcare fraud, and public corruption, as well as crimes of violence, child pornography, and drug cases. The organization offers these services to ensure adequate legal representation for criminal defendants in accordance with federal law. Dan James, a former chief investigator and computer forensic examiner, leads ICFECI and has over 20 years of experience in criminal case investigations.
This document provides guidance for employers on complying with federal laws when conducting background checks on applicants and employees. It advises that employers must not discriminate based on protected characteristics like race or disability. When using background checks services, employers must follow the Fair Credit Reporting Act, including getting permission, providing notices of adverse actions, and securely disposing of records. Employers are directed to the EEOC and FTC for more information on antidiscrimination laws and the FCRA, respectively.
Expungement Presentation – Gang Intervention ConferenceRecordGone
- 65 million Americans, or 1 in 4 adults, have a criminal record that can negatively impact their ability to find employment and housing. Criminal records are kept by the FBI until age 110 and by California until age 99.
- Most employers and landlords conduct criminal background checks, making it difficult for those with records to find work and housing. Legislative reforms are needed to help people clear their records and reduce barriers.
- Individuals can take steps to clear criminal records through processes like sealing juvenile records, setting aside juvenile offenses, dismissing convictions, and applying for certificates of rehabilitation and pardons. Non-profit organizations provide free assistance and information to help people navigate these processes.
Oklahoma marriage records are maintained at the county clerk's office where the marriage took place, rather than a central state repository. To obtain records, one needs to provide identifying information like names and dates to the appropriate county office and pay a fee. Online search tools also allow searching marriage records, but users should check the reliability of the source. Marriage licenses must be obtained from the court in the county of marriage prior to the ceremony.
This document provides information about a presentation given at the 2018 HR Indiana Annual Conference. The presentation was titled "Immigration Law Today: The Latest on Options, Enforcement, and Compliance" and was presented by Patricia Ogden on August 20, 2018. The document includes biographical information about Patricia Ogden, her background and experience in labor and employment law, and the topics she covered in her presentation, including updates to ADA and FMLA law, trends in disability and pregnancy discrimination charges, and a court case regarding whether multi-month leave is a reasonable accommodation.
The document summarizes the features and services provided by the LegalShield Identity Theft Plan. It describes how unlimited consultation with a licensed investigator is a core component, allowing members to check for fraudulent activity, get advice on reducing risks, or gain peace of mind. The investigator can look into work history, criminal records, liens/bankruptcies, addresses, assets and other areas to determine if identity theft occurred. If it has, the plan offers full restoration services to resolve all known and potential unknown issues related to new credit, banking, healthcare, taxes, licenses and more. It also includes credit monitoring, monitoring for minors, and notifying members of any changes to their credit files.
Immigration lawsuits and the apa the basics of a district court actionUmesh Heendeniya
The document provides an overview of bringing an Administrative Procedure Act (APA) lawsuit in federal district court to challenge unlawful immigration agency actions outside of removal proceedings. It discusses that:
1) The APA allows individuals to sue the US government for non-monetary relief over unlawful agency actions. Suits are brought in federal district court.
2) Successful APA lawsuits have challenged various immigration agency decisions such as visa denials and delays in application processing.
3) The statute of limitations is six years under the general statute for suits against the US government. Jurisdiction is based on the federal question statute and the APA waives sovereign immunity.
The document summarizes the career of an FBI agent. It details that the FBI was created in 1908 to have an organized force of investigators to gather evidence. An FBI agent's job is to prevent and solve crimes through conducting investigations, identifying fingerprints, interviewing witnesses, operating cameras and vehicles, and analyzing evidence. Becoming an agent requires a law degree, college education, great physical health, and one to two years of training. Agents earn between $40,300 to $102,700 annually and the outlook for the career is stable with expected 10% growth over the next decade. The document recommends becoming an agent to fight crime and serve your country through catching criminals.
Drug Charges and Penalties in TennesseeStan Bennett
If you find yourself facing charges for one (or more) of Tennessee’s drug laws it is imperative that you take the matter seriously given the numerous judicial and non-judicial consequences of a conviction. Learn more about drug charges and penalties in Tennessee in this presentation.
CO Election Integrity Presentation to RSSC Jan 3 2015Jennifer Raiffie
This document summarizes concerns about Colorado's election system and proposes reforms. It notes issues like lack of enforcement of election laws, an ineffective complaint process, lack of transparency, ballot security problems, and restricted access for election watchers and canvass boards. It proposes solutions like a citizen election oversight committee, an election court, mandated transparency web portals, stronger laws around voter eligibility verification and signature matching, and expanded rights for judges, watchers, and canvass boards. The overall message is that Colorado's election system has integrity problems and needs reform to citizen oversight and transparency.
How Does an Attorney Defend Drug Charges in Tennessee Stan Bennett
If you were recently arrested and charged with a drug related criminal offense in the State of Tennessee, you are likely worried about the outcome of your case – and with good cause. Learn more about drug charges in this presentation.
Leavitt Partners has analyzed potential outcomes of the 2010 Congressional elections and their impact on provisions of the Affordable Care Act. Depending on whether Republicans take control of the House, Senate, or both, certain provisions like the individual mandate, employer penalties, premium subsidies, and Medicare funding cuts could see disruption. The likelihood and type of disruption, such as repeal, modification, or stalling, varies based on the election results. Leavitt Partners consulted experts to predict disruption scenarios and will continue monitoring developments as the election approaches.
Warning how background checks can get your staffing agency in big troubleMike McCarty
The highly unregulated background screening industry has peddled extremely low quality background checks by relying on incomplete databases, limiting the scope of the search to 7 years or not including alias names. Now, there is a fast growing movement to restrict the use of criminal background checks. It is critical that staffing companies understand how to conduct legally compliant criminal background checks that align with:
• Ban the Box
• EEOC 2012-2016 Strategic Plan
• Fair Credit Reporting Act
• Social Media Background Checks
Mark Kittaka, a labor and employment law partner at Barnes & Thornburg LLP, will give a presentation on positive developments for employers under the Trump Administration regarding OSHA regulations. Specifically, he will discuss OSHA's proposal to remove the requirement for large employers to file detailed injury records electronically. However, the nondiscrimination provisions of the regulations remain in effect and enforceable. Kittaka has significant experience advising employers on OSHA compliance issues and representing clients in investigations and litigation.
Leading Providence, Rhode Island (RI) based attorney (lawyer) with practice areas including criminal defense DUI & breathalyzer refusal, criminal appeal, domestic violence, divorce, child molestation.
FBI agents investigate high-profile crimes, conduct surveillance and undercover operations, and protect the U.S. from domestic and foreign threats. The job requires a bachelor's degree, U.S. citizenship, and age between 23-36. Agents must go through rigorous training at the FBI academy and colleges. While the work is dangerous and involves long hours and travel, FBI agents start at a salary of $41,000-$55,000 that can increase up to $104,000.
AuthBridge Newsletter Issue 2- Subject Your CXO's to Thorough Background CheckAuthBridge
Employee screening is practically the first step towards strengthening organisational governance, stresses the Executive President- HR of Tata Teleservices Ltd, S. Varadarajan.
For more information visit www.authbridge.com
Background Check International (BCI) is a pioneer in background screening in Nigeria, seeking to minimize risks from dishonest job applicants and employees through verification of credentials and identity. BCI proposes partnering with companies to combine background screening services with personnel risk management, in order to detect false claims early, strengthen hiring decisions, and protect organizations from legal and financial risks of negligent or dishonest hiring. BCI's background checks can cover candidates across Africa and globally through partnerships, with the goal of helping organizations hire trustworthy employees and build reputational and financial strength.
Awareness about safety working condition and to lessen the impact of Drug Abuse in work place gives rise to growing drug tests conducted by Employers nowadays.
Depending on the type of job, illicit drug use can impact job performance and the lives of other people
The document outlines the general structure and motivation for a PhD defense on technology-enhanced support for lifelong competence development in higher education. It discusses how higher education fits within lifelong learning, draws out challenges around curriculum, roles, and feedback to support lifelong learning, and proposes areas of technology-enhanced learning research and development to address these challenges.
ICFECI provides investigative services for criminal defense attorneys, including for complex white collar cases involving securities fraud, healthcare fraud, and public corruption, as well as crimes of violence, child pornography, and drug cases. The organization offers these services to ensure adequate legal representation for criminal defendants in accordance with federal law. Dan James, a former chief investigator and computer forensic examiner, leads ICFECI and has over 20 years of experience in criminal case investigations.
This document provides guidance for employers on complying with federal laws when conducting background checks on applicants and employees. It advises that employers must not discriminate based on protected characteristics like race or disability. When using background checks services, employers must follow the Fair Credit Reporting Act, including getting permission, providing notices of adverse actions, and securely disposing of records. Employers are directed to the EEOC and FTC for more information on antidiscrimination laws and the FCRA, respectively.
Expungement Presentation – Gang Intervention ConferenceRecordGone
- 65 million Americans, or 1 in 4 adults, have a criminal record that can negatively impact their ability to find employment and housing. Criminal records are kept by the FBI until age 110 and by California until age 99.
- Most employers and landlords conduct criminal background checks, making it difficult for those with records to find work and housing. Legislative reforms are needed to help people clear their records and reduce barriers.
- Individuals can take steps to clear criminal records through processes like sealing juvenile records, setting aside juvenile offenses, dismissing convictions, and applying for certificates of rehabilitation and pardons. Non-profit organizations provide free assistance and information to help people navigate these processes.
Oklahoma marriage records are maintained at the county clerk's office where the marriage took place, rather than a central state repository. To obtain records, one needs to provide identifying information like names and dates to the appropriate county office and pay a fee. Online search tools also allow searching marriage records, but users should check the reliability of the source. Marriage licenses must be obtained from the court in the county of marriage prior to the ceremony.
This document provides information about a presentation given at the 2018 HR Indiana Annual Conference. The presentation was titled "Immigration Law Today: The Latest on Options, Enforcement, and Compliance" and was presented by Patricia Ogden on August 20, 2018. The document includes biographical information about Patricia Ogden, her background and experience in labor and employment law, and the topics she covered in her presentation, including updates to ADA and FMLA law, trends in disability and pregnancy discrimination charges, and a court case regarding whether multi-month leave is a reasonable accommodation.
The document summarizes the features and services provided by the LegalShield Identity Theft Plan. It describes how unlimited consultation with a licensed investigator is a core component, allowing members to check for fraudulent activity, get advice on reducing risks, or gain peace of mind. The investigator can look into work history, criminal records, liens/bankruptcies, addresses, assets and other areas to determine if identity theft occurred. If it has, the plan offers full restoration services to resolve all known and potential unknown issues related to new credit, banking, healthcare, taxes, licenses and more. It also includes credit monitoring, monitoring for minors, and notifying members of any changes to their credit files.
Immigration lawsuits and the apa the basics of a district court actionUmesh Heendeniya
The document provides an overview of bringing an Administrative Procedure Act (APA) lawsuit in federal district court to challenge unlawful immigration agency actions outside of removal proceedings. It discusses that:
1) The APA allows individuals to sue the US government for non-monetary relief over unlawful agency actions. Suits are brought in federal district court.
2) Successful APA lawsuits have challenged various immigration agency decisions such as visa denials and delays in application processing.
3) The statute of limitations is six years under the general statute for suits against the US government. Jurisdiction is based on the federal question statute and the APA waives sovereign immunity.
The document summarizes the career of an FBI agent. It details that the FBI was created in 1908 to have an organized force of investigators to gather evidence. An FBI agent's job is to prevent and solve crimes through conducting investigations, identifying fingerprints, interviewing witnesses, operating cameras and vehicles, and analyzing evidence. Becoming an agent requires a law degree, college education, great physical health, and one to two years of training. Agents earn between $40,300 to $102,700 annually and the outlook for the career is stable with expected 10% growth over the next decade. The document recommends becoming an agent to fight crime and serve your country through catching criminals.
Drug Charges and Penalties in TennesseeStan Bennett
If you find yourself facing charges for one (or more) of Tennessee’s drug laws it is imperative that you take the matter seriously given the numerous judicial and non-judicial consequences of a conviction. Learn more about drug charges and penalties in Tennessee in this presentation.
CO Election Integrity Presentation to RSSC Jan 3 2015Jennifer Raiffie
This document summarizes concerns about Colorado's election system and proposes reforms. It notes issues like lack of enforcement of election laws, an ineffective complaint process, lack of transparency, ballot security problems, and restricted access for election watchers and canvass boards. It proposes solutions like a citizen election oversight committee, an election court, mandated transparency web portals, stronger laws around voter eligibility verification and signature matching, and expanded rights for judges, watchers, and canvass boards. The overall message is that Colorado's election system has integrity problems and needs reform to citizen oversight and transparency.
How Does an Attorney Defend Drug Charges in Tennessee Stan Bennett
If you were recently arrested and charged with a drug related criminal offense in the State of Tennessee, you are likely worried about the outcome of your case – and with good cause. Learn more about drug charges in this presentation.
Leavitt Partners has analyzed potential outcomes of the 2010 Congressional elections and their impact on provisions of the Affordable Care Act. Depending on whether Republicans take control of the House, Senate, or both, certain provisions like the individual mandate, employer penalties, premium subsidies, and Medicare funding cuts could see disruption. The likelihood and type of disruption, such as repeal, modification, or stalling, varies based on the election results. Leavitt Partners consulted experts to predict disruption scenarios and will continue monitoring developments as the election approaches.
Warning how background checks can get your staffing agency in big troubleMike McCarty
The highly unregulated background screening industry has peddled extremely low quality background checks by relying on incomplete databases, limiting the scope of the search to 7 years or not including alias names. Now, there is a fast growing movement to restrict the use of criminal background checks. It is critical that staffing companies understand how to conduct legally compliant criminal background checks that align with:
• Ban the Box
• EEOC 2012-2016 Strategic Plan
• Fair Credit Reporting Act
• Social Media Background Checks
Mark Kittaka, a labor and employment law partner at Barnes & Thornburg LLP, will give a presentation on positive developments for employers under the Trump Administration regarding OSHA regulations. Specifically, he will discuss OSHA's proposal to remove the requirement for large employers to file detailed injury records electronically. However, the nondiscrimination provisions of the regulations remain in effect and enforceable. Kittaka has significant experience advising employers on OSHA compliance issues and representing clients in investigations and litigation.
Leading Providence, Rhode Island (RI) based attorney (lawyer) with practice areas including criminal defense DUI & breathalyzer refusal, criminal appeal, domestic violence, divorce, child molestation.
FBI agents investigate high-profile crimes, conduct surveillance and undercover operations, and protect the U.S. from domestic and foreign threats. The job requires a bachelor's degree, U.S. citizenship, and age between 23-36. Agents must go through rigorous training at the FBI academy and colleges. While the work is dangerous and involves long hours and travel, FBI agents start at a salary of $41,000-$55,000 that can increase up to $104,000.
AuthBridge Newsletter Issue 2- Subject Your CXO's to Thorough Background CheckAuthBridge
Employee screening is practically the first step towards strengthening organisational governance, stresses the Executive President- HR of Tata Teleservices Ltd, S. Varadarajan.
For more information visit www.authbridge.com
Background Check International (BCI) is a pioneer in background screening in Nigeria, seeking to minimize risks from dishonest job applicants and employees through verification of credentials and identity. BCI proposes partnering with companies to combine background screening services with personnel risk management, in order to detect false claims early, strengthen hiring decisions, and protect organizations from legal and financial risks of negligent or dishonest hiring. BCI's background checks can cover candidates across Africa and globally through partnerships, with the goal of helping organizations hire trustworthy employees and build reputational and financial strength.
Awareness about safety working condition and to lessen the impact of Drug Abuse in work place gives rise to growing drug tests conducted by Employers nowadays.
Depending on the type of job, illicit drug use can impact job performance and the lives of other people
The document outlines the general structure and motivation for a PhD defense on technology-enhanced support for lifelong competence development in higher education. It discusses how higher education fits within lifelong learning, draws out challenges around curriculum, roles, and feedback to support lifelong learning, and proposes areas of technology-enhanced learning research and development to address these challenges.
What the Document Management System Revolution Means for Your Business- Busin...Business.com
As the needs of businesses have changed and technology has advanced, document management software (DMS) has too. From new features that allow content to be stored in HTML format to accessible translation services, a DMS revolution is taking place. This whitepaper shares what trends have emerged and how each can positively impact your business.
Background Screening Trends- Recession Time Study ReportAuthBridge
The report aims at highlighting discrepancy trends during recession that were found whilst conducting background checks for companies. This report can be in insightful for organisations trying to understand the mitigation of unsafe hiring risks better.
Getting On Board: Best Practices on OnboardingeasyBackgrounds
This document provides a summary of a presentation on best practices for onboarding employees. The presentation was given by representatives from three NYSA Industry Partners: easyBackgrounds Inc., Tarter Krinsky & Drogin LLP, and Loveman, Kornreich & Steers, Inc. The presentation covered topics like background screening requirements, employment law guidance, and protecting companies with employment practices liability insurance. The presenters provided overviews of their companies and disclaimers before diving into the various onboarding topics.
The document provides the results of a background check for Taylor Rochelle Meholick (DOB 04-02-1997) conducted by Castle Branch on 07/16/2015. The background check found no criminal records for Ms. Meholick in Pennsylvania or nationwide. It also provides instructions for how to access and verify the background check results online through CertifiedBackground.com using the provided password.
This document provides a brief overview of laws affecting employment background investigations. It discusses the Federal Fair Credit Reporting Act (FCRA) which governs consumer reports used for employment purposes. It also summarizes Title VII of the Civil Rights Act of 1964 and how it impacts the use of criminal records and protected classes in hiring decisions. Finally, it reviews state laws and "Ban the Box" initiatives affecting criminal background checks.
If you have been accused of identity theft or identity fraud in Utah, you should strongly consider speaking with criminal attorneys Ogden about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden.
Warning! How Background Checks Can Get You in Big TroubleMike McCarty
Simply conducting background checks on employees is not enough. Organizations must understand and navigate the constantly changing local, state and federal laws to avoid lawsuits for conducting background checks.
This document provides an overview of techniques for collecting, cleaning, and manipulating data for investigative reporting purposes. It discusses finding and obtaining data from various sources like government databases and agencies. It also covers integrity checks, data cleaning, and evaluating outside studies. Examples are given of reports that were produced using analyzed data from sources like Medicaid and EPA. The document emphasizes being thorough in understanding data and accounting for limitations and errors.
The document provides tips and resources for conducting research on individuals, organizations, and topics. It recommends starting with a clip search and outlines public records and databases that can provide background information on people's employment, legal and property histories. For organizations, it suggests looking at required filings, oversight agencies, and lobbying activities. Databases and sites are listed for researching public companies, non-profits, government statistics, and academic works. Thorough research from credible sources is presented as the foundation for good investigative journalism.
The document provides tips and resources for conducting research on individuals, organizations, and topics. It recommends starting with a clip search and outlines sources to search for background information on people's employment, legal and property records. For organizations, it suggests looking at required filings, oversight agencies and lobbying records. Publicly available government databases are listed as sources for industry data and statistics. The document stresses structuring research and verifying facts from primary sources.
Background Report on Joshua Gabriel Spence in Seattle, 98117 WA.pdfRealLifeMurderMyster
Joshua Gabriel Spence currently lives at 7214 Sycamore Ave NW in Seattle, WA. The background report provides his date of birth, addresses associated with him in Washington and California, and phone numbers. No criminal, arrest, or other public records were found for Mr. Spence. The report also details the ownership and value of the property at his current address.
Not all applicants are totally honest about their qualifications and may exaggerate their education history or even make outrageous misrepresentations of their professional backgrounds. A Background Verification Agency, such as Global Background Screening LLC, offers services that include checking employment histories, educational degrees, and professional licenses. This helps employers ensure that applicants have the qualifications and backgrounds that are required for a certain position. Continue Reading please visit us:https://www.globalbackgroundscreening.com/post/what-is-a-background-verification
Cybersecurity Legal and Compliance Issues Business & IT Leaders Must Know -- ...Shawn Tuma
This presentation was delivered by Shawn E. Tuma, Cybersecurity and Data Privacy Attorney, at the January 27, 2017 meeting of (ISC)² Dallas Fort Worth Chapter.
This presentation was significantly updated from past presentations and included a discussion of the groundbreaking New York Department of Financial Services (NYDFS) Cybersecurity Requirements for Financial Services Companies.
The main points of this presentation are:
(1) Cybersecurity events create a crisis situation and should be treated as such;
(2) Cybersecurity incidents are as much legal events as they are IT or Business / Public Relations events;
(3) Companies must have a cybersecurity breach response plan in place and tested, in advance;
(4) While consumer class action data breach litigation is a significant threat to companies and their leadership, it is not as great of a threat as regulatory enforcement by agencies such as the FTC and SEC, or the shareholder derivative claims for officer and director liability; and
(5) The odds are that all company will be breached, but preparation and diligence can help minimize the likelihood that such a breach from being a catastrophic event.
This presentation addresses the role of attorneys as the first responders in leading their clients through cybersecurity and data loss crisis events. The discussion begins by looking at the risk business have of being the victim of a cybersecurity or data loss incident and examining the nature of such incidents and the crisis environment they create. Then, because of this crisis environment, the need for leadership in helping keep the parties calm, rational, and making deliberate, calculated decisions.
The discussion then explains why cybersecurity events are legal events and legal counsel is the natural leader that should fulfill this role and how they can do so. It will then discuss the process legal counsel will take, including assembling the key players in such an event, both internally and externally. It discusses the obligations for responding to such an event, the steps that must be taken, those that must be considered, and certain factors that go into the decision-making process. It briefly addresses the costs of such an incident and the liability issues that can arise from such an incident and failing to properly respond to the incident. This section includes a discussion of the cybersecurity lawsuit landscape, cybersecurity regulatory landscape, and the issue of cybersecurity-related officer and director liability stemming from shareholder derivative lawsuits based on cybersecurity incidents.
It concludes with a discussion of the steps that companies can take to prepare for and be in a better position to respond to and mitigate the negative repercussions of such an incident.
This document provides an overview of criminal background checks for employers and property managers. It discusses the key reasons to conduct criminal record searches, including protecting the organization, reducing turnover, strengthening compliance with regulations, and decreasing legal risks. It also outlines the typical criminal record information that can be uncovered in a search, such as arrest records, convictions, and dismissals. The document explains that criminal records can be stored in various law enforcement, court, and corrections databases across jurisdictions. It also summarizes the key rules regarding criminal background checks, such as the Fair Credit Reporting Act, and discusses some other international privacy laws and regulations.
The document summarizes the benefits and types of background screening for employment purposes. It notes that 53% of job applications contain false information. Background screening can reveal criminal history, verify education and employment, and reduce hiring risks. Types of screening include criminal history checks at the state, county, national levels, sex offender checks, education and employment verification, drug testing, and reference checks. The document provides examples of hiring issues that were caught by background checks and urges employers to screen candidates to prevent risks like theft, liability, and hiring unqualified candidates.
Cyber Liability Insurance Counseling and Breach ResponseShawn Tuma
This presentation focused on how teaching attorneys how to counsel their clients on cyber insurance and guide them through the data breach incident response process. Cybersecurity and data privacy attorney Shawn Tuma presented this continuing legal education session on March 10, 2017. It was delivered live at the TexasBarCLE presents the 8th Annual Course
Essentials of Business Law:Four Modules for a Robust Practice Cosponsored by the Business Law Section of the State Bar of Texas.
Jaimi Dowdell presents "Data Journalism for Business Reporting" at the free business journalism workshop, "Be a Better Business Watchdog -- CAR for Business Journalists," hosted by the Donald W. Reynolds National Center for Business Journalists, The Seattle Times and the University of Washington.
AlphaStaff Webinar Importance of Drug and Background ScreeningAlphaStaff
Hiring someone is a decision that should not be based solely on the person’s ability to handle the job. While skills required to conduct the job are necessary, one cannot rule out threats caused by an employee with a checkered past (or present). Someone with a criminal record or someone who isn’t who they say they are can potentially cause significant damage to the welfare of the company and its staff.
This webinar, led by one of the country’s premier background check and drug screening companies and a key partner of AlphaStaff, will highlight the need, the process and the advantages of proper pre-employment screenings. Presented by Sterling Infosystems.
Tricor Employment Screening is a women-owned background screening and drug testing company that has been in business for over 20 years. They provide a wide range of screening services including criminal record checks, drug testing, employment verification, and more. Tricor prides itself on accuracy, compliance with laws, fast turnaround times, and knowledgeable customer support. They conduct thousands of screens each month and have over 2,000 researchers who directly search court records to ensure accurate results.
This document discusses background screening and substance abuse testing services provided by Parkin Security Consultants. It provides an overview of the company's history and credentials. It then summarizes the purpose and benefits of background screening, the legal requirements for conducting background checks, and the types of searches that can be performed, including criminal records, driving records, education and employment verifications.
Ban the Box & Background Checks - Collaborate '15 PresentationSnag
This document discusses background check policies and procedures for human resources departments. It covers determining when background checks can be requested, the background check process, considering background check results, and communicating those results. Key points include following all applicable federal and state laws, obtaining proper authorization, conducting individualized assessments for applicants who are initially disqualified, and providing notices and opportunities to respond before taking adverse action. Overall, the document provides guidance to help employers design background check programs that comply with anti-discrimination laws.
Similar to Universal Background Screening Trends and Best Practices (20)
Becoming Relentlessly Human-Centred in an AI World - Erin Patchell - SocialHR...SocialHRCamp
Speaker: Erin Patchell
Imagine a world where the needs, experiences, and well-being of people— employees and customers — are the focus of integrating technology into our businesses. As HR professionals, what tools exist to leverage AI and technology as a force for both people and profit? How do we influence a culture that takes a human-centred lens?
Your Guide To Finding The Perfect Part-Time JobSnapJob
Part-time workers account for a significant part of the workforce, including individuals of all ages. A lot of industries hire part-time workers in different capacities, including temporary or seasonal openings, ranging from managerial to entry-level positions. However, many people still doubt taking on these roles and wonder how a temporary part-time job can help them achieve their long-term goals.
The Rules Do Apply: Navigating HR ComplianceAggregage
https://www.humanresourcestoday.com/frs/26903483/the-rules-do-apply--navigating-hr-compliance
HR Compliance is like a giant game of whack-a-mole. Once you think your company is compliant with all policies and procedures documented and in place, there’s a new or amended law, regulation, or final rule that pops up landing you back at ‘start.’ There are shifts, interpretations, and balancing acts to understanding compliance changes. Keeping up is not easy and it’s very time consuming.
This is a particular pain point for small HR departments, or HR departments of 1, that lack compliance teams and in-house labor attorneys. So, what do you do?
The goal of this webinar is to make you smarter in knowing what you should be focused on and the questions you should be asking. It will also provide you with resources for making compliance more manageable.
Objectives:
• Understand the regulatory landscape, including labor laws at the local, state, and federal levels
• Best practices for developing, implementing, and maintaining effective compliance programs
• Resources and strategies for staying informed about changes to labor laws, regulations, and compliance requirements
Accelerating AI Integration with Collaborative Learning - Kinga Petrovai - So...SocialHRCamp
Speaker: Kinga Petrovai
You have the new AI tools, but how can you help your team use them to their full potential? As technology is changing daily, it’s hard to learn and keep up with the latest developments. Help your team amplify their learning with a new collaborative learning approach called the Learning Hive.
This session outlines the Learning Hive approach that sets up collaborations that foster great learning without the need for L&D to produce content. The Learning Hive enables effective knowledge sharing where employees learn from each other and apply this learning to their work, all while building stronger community bonds. This approach amplifies the impact of other learning resources and fosters a culture of continuous learning within the organization.
How to Leverage AI to Boost Employee Wellness - Lydia Di Francesco - SocialHR...SocialHRCamp
Speaker: Lydia Di Francesco
In this workshop, participants will delve into the realm of AI and its profound potential to revolutionize employee wellness initiatives. From stress management to fostering work-life harmony, AI offers a myriad of innovative tools and strategies that can significantly enhance the wellbeing of employees in any organization. Attendees will learn how to effectively leverage AI technologies to cultivate a healthier, happier, and more productive workforce. Whether it's utilizing AI-powered chatbots for mental health support, implementing data analytics to identify internal, systemic risk factors, or deploying personalized wellness apps, this workshop will equip participants with actionable insights and best practices to harness the power of AI for boosting employee wellness. Join us and discover how AI can be a strategic partner towards a culture of wellbeing and resilience in the workplace.
Building Meaningful Talent Communities with AI - Heather Pysklywec - SocialHR...SocialHRCamp
Speaker: Heather Pysklywec
Digital transformation has transformed the talent acquisition landscape over the past ten years. Now, with the introduction of artificial intelligence, HR professionals are faced with a new suite of tools to choose from. The question remains, where to start, what to be aware of, and what tools will complement the talent acquisition strategy of the organization? This session will give a summary of helpful AI tools in the industry, explain how they can fit into existing systems, and encourage attendees to explore if AI tools can improve their process.
Watch this expert-led webinar to learn effective tactics that high-volume hiring teams can use right now to attract top talent into their pipeline faster.
Start Smart: Learning the Ropes of AI for HR - Celine Maasland - SocialHRCamp...SocialHRCamp
Speaker: Celine Maasland
In this session, we’ll demystify the process of integrating artificial intelligence into everyday HR tasks. This presentation will guide HR professionals through the initial steps of identifying AI opportunities, choosing the right tools, and effectively implementing technology to streamline operations. Additionally, we’ll delve into the specialized skill of prompt engineering, demonstrating how to craft precise prompts to enhance interactions between AI systems and employees. Whether you’re new to AI or looking to refine some of your existing strategies, this session will equip you with the knowledge and tools to harness AI’s potential in transforming HR functions.
AI Considerations in HR Governance - Shahzad Khan - SocialHRCamp Ottawa 2024SocialHRCamp
Speaker: Shahzad Khan
This session on "AI Considerations in Human Resources Governance" explores the integration of Artificial Intelligence (AI) into HR practices, examining its history, current applications, and the governance issues it raises. A framework to view Government in modern organizations is provided, along with the transformation and key considerations associated with each element of this framework, drawing lessons from other AI projects to illustrate these aspects. We then dive into AI's use in resume screening, talent acquisition, employee retention, and predictive analytics for workforce management. Highlighting modern governance challenges, it addresses AI's impact on the gig economy as well as DEI. We then conclude with future trends in AI for HR, offering strategic recommendations for incorporating AI in HR governance.
2. Raise
Your
Hand
Ask
a
Question
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Screen
Mode
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you
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a
copy
of
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sent
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please
let
us
know
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entering
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email
address
in
the
ques5on
box.
3. The
information
contained
in
this
presentation
is
not
intended
to
provide
legal
advice.
Universal
is
not
legal
counsel;
we
cannot
and
do
not
provide
legal
advice.
Please
consult
with
your
legal
counsel,
risk
management
or
compliance
of=icer
regarding
your
organization’s
speci=ic
legal
obligations.
4. } NAPBS
Accredited
Background
Screening
Agency
with
40+
years
experience
} HRO
Today
–
Background
Screening
Top
Firm
For
Customer
Sa5sfac5on
–
5
Years
} Workforce
Management
Magazine
Background
Screening
“Hot
List”
–
5
Years
} Dr.
Alan
Lasky,
Sr.
Vice
President
|
Sales
–
Universal
Background
} Yvonne
Nagel
–
Senior
Account
Execu5ve
-‐
Universal
Background
5. } Fair
Credit
Repor5ng
Act
and
State
Laws
} Descrip5on
of
Core
Services
and
Process
} Use
of
Reports
and
EEOC
Guidance
on
Criminal
History
} Adverse
Ac5on
and
Dispute
Process
} Hot
Topic:
Legal
Exposure
and
Class
Ac5on
Lawsuits
} Background
Check
Best
Prac5ces
} How
Universal
and
TargetRecruit
Can
Help
6.
7. } The
FCRA
is
a
Consumer
Protec5on
Statute
◦ Passed
by
Congress
in
1970
◦ Amended
by
the
Credi5ng
Repor5ng
Reform
Act
in
1996
◦ Amended
2003
by
the
Fair
and
Accurate
Credit
Transac5ons
Act
(FACTA)
} As
federal
law,
it
applies
to
everyone,
in
all
states.
◦ However,
states
can
(and
some
have)
extend
and
expand
upon
the
law.
} It
is
designed
to:
◦ Ensure
accurate
informa5on
is
reported
◦ Restricts/Limits
what
informa5on
is
reported
◦ Provides
a
dispute
mechanism
for
consumers
8. } Despite
the
name,
the
Fair
Credit
Repor5ng
Act
applies
to
all
types
of
consumer
reports
provided
by
a
Consumer
Repor5ng
Agency.
ü Credit
Reports
ü Criminal
Background
Check
ü Employment
and
Educa5on
Verifica5ons
ü Reference
Interviews
(Inves5ga5ve
CR)
9. } Laws
restrict
the
informa5on
a
CRA
can
report
*13
States
established
greater
limita3ons
than
Federal
law
Data
Federal
Limita)ons
Convic5ons
No
Federal
Limit*
Arrests
(Non-‐Convic5ons)
7-‐Year
Federal
Limit*
Bankruptcies
10
Years
Other
“Nega5ve”
Informa5on
7-‐
Years
May 2015 (NC) – Screening firm class action lawsuit for using “over 7
year” negative information.
10. State
Time
Limit
Convic)ons
Only
Exemp)on?
California
7
Years
Yes
None
Kansas
7
Years
No
$20,000
Kentucky
None
Yes
$20,000
Maryland
7
Years
No
None
Massachusejs
7
Years
No
$20,000
New
Mexico
None
Yes
None
Nevada
7
Years
No
None
New
York
7
Years
Yes
$25,000
New
Hampshire
7
Years
No
$20,000
Washington
7
Years
No
$20,000
*Colorado,
Maine,
Montana
and
Texas
have
also
passed
similar
limita3ons,
but
those
laws
are
deemed
to
be
pre-‐empted
by
more
recent
federal
law
12. ◦ Using
data
found
in
credit
headers
and
other
sources
associated
with
an
applicant’s
social
security
number
◦ Provides
two
main
areas
of
interest
– Current
and
Historical
address
informa5on
– AKA
(alias)
names
◦ Informa5on
may
not
have
been
disclosed
by
the
applicant
◦ Useful
research
tool
to
iden5fy
addi5onal
names
and
loca5ons
for
further
research
12
SSNsight
Valida)on
◦ Validates
the
legi5macy
of
the
SSN
provided
◦ Approximate
Year
and
State
of
Issue
◦ Death
Master
Index
check
13. } Descrip)on
◦ Search
for
felonies
and
misdemeanors
-‐County
Court
House
– Current
and
pending
cases,
convic5ons,
dismissed
cases
(if
reported)
◦ Access
to
court
records
in
over
3,300
US
county
courts
◦ All
checks
conducted
in
person
/
real
5me
◦ Federally
approved
search
(FCRA)
– At
least
seven
(7)
year
search
– Iden5fiers
including
First
and
Last
Name
(Primary),
DOB
and
SSN
13
Articles: (OR) 2015 – Daycares want more info on background checks
(NC) Killing puts background checks in spotlight (Flying Biscuit Restaurants)
(VA) Day care scandal reveals faulty background checks
(39 employees with criminal records at our largest US Army day care center)
(AZ) Man Sentenced to Death for Killing of Student (16 prior felony convictions
and had served 20 years in prison for armed robbery and burglary.
(MD) Doctor’s sex assault case spurs talk of background checks
14. } Descrip)on
◦ Not
all
States
have
Statewide
Criminal
Database
(CA)
◦ County
informa5on
(when
reported
up)
◦ Not
always
known
for
“completeness
and
turnaround”
◦ Search
for
felonies
and
misdemeanors
– Current
/Pending
cases,
convic5ons,
dismissed
cases
(if
reported)
◦ At
least
seven
(7)
year
search
– Iden5fiers
including
First
and
Last
Name
(Primary),
DOB
and
SSN
◦ Florida,
Texas,
South
Carolina
and
Washington,
Ohio
– May
11,
2015
–
Ohio
Ajorney
General
Audit
Finds
Criminal
Background
Check
System
Unreliable
14
15. } Court
Process
◦
Most
federal
offenses
will
not
show
up
on
county
court
or
state
criminal
records/data
◦ Crimes
may
include:
– Mail
Fraud
–
Credit
Card
Fraud
– Kidnapping
–
Internet
Porn
– Federal
Property
Offense
–
Counterfei5ng
– Tax
Evasion
–
Extor5on
– Interstate
Crimes
–
Certain
Drug
Crimes
} 2013
–
Cases:
Murder,
Grand
TheO,
Drug
Trafficking
15
16. } USA
CrimSearchTM
◦ Criminal
history
data
from
statewide
court
repositories
22
states
and
department
of
correc5ons
records
45
states,
resul5ng
in
coverage
across
45
states
plus
the
District
of
Columbia.
Addi5onal
court
data
from
over
180
individual
coun5es.
} USA
OffenderSearchTM
(na5onwide)
◦ Includes
over
240
million
criminal,
sex
offender
and
security
threat
records
from
an
unequalled
320
data
sources.
} USA
SecuritySearchTM
◦ OFAC,
SDN
and
many
other
Na5onal
Security
databases.
16
} Fully
Compliant
with
Sec)on
613(a)
of
the
FCRA
◦ All
informa5on
re-‐verified
with
the
original
jurisdic5on
to
be
sure
it
is
“complete
and
up
to
date”
17. } Descrip)on
◦ Reviewing
first
two
lejers
of
first
name
in
the
primary
search
– Catching
variants
of
the
first
name
(Tim
vs
Timothy)
– Catching
hyphenated
last
names
(Smith
vs.
Smith-‐Danielson)
– Where
available
◦ Importance
due
to
court
iden5fiers
first/last
name
– A
More
comprehensive
search
than
“exact
name
match”
17
18. } Descrip)on
◦ Addi5onal
names
used
by
individuals
that
are
recorded
into
data
such
as
credit,
legal
documents
and
criminal
records.
– Cultural
– Accidental
– For
the
purpose
of
hiding
true
iden5ty
◦ Applicants
becoming
more
savvy
in
how
to
use
their
aliases
– Catching
Aliases
on
Social
Security
Trace
and
run
with
Criminal
services
(i.e.,
County
Criminal,
USA
CriminalSearch,
OIG/GSA)
– Driving
Record
Search
◦ Ar)cles:
NY
Daily
News–
6/2013
–
Woman
arrested
396
/mes
with
83
aliases
“…92
for
thep,
65
disorderly
conduct,
59
pros5tu5on,
and
5
for
robbery”
Wisconsin
–
1/2012
-‐
Man
Named
‘Beezow
Doo-‐Doo
Zopi>ybop-‐Bop-‐Bop”
Arrested
18
19. } Descrip5on
◦ Records
in
all
50
states
plus
Washington
DC,
Puerto
Rico,
and
all
Canadian
provinces
and
territories
◦ Most
Driving
Record
Reports,
review
36
months
of
ac5vity
◦ Includes
the
informa5on
about
a
person’s
Character:
– Significant
traffic
viola5ons
– Previous
suspensions
and
court
ordered
ac5ons
– Drug
offenses
that
occur
in
the
car
(DUI,
DWI,
In
possession
of…)
19
20. } Interna)onal
Criminal
Search
◦ In
over
200
Countries
} Interna)onal
Employment
Verifica)on
◦ Report
will
include
dates
of
employment,
last
posi5on
held
and
eligibility
for
rehire
} Interna)onal
Educa)on
Verifica)on
◦ Report
will
include
dates
of
ajendance,
degree,
major
or
program,
and
gradua5on
date
} Ar)cle:
No
system
of
nurse
checks
could
‘prevent
murder’(2015)
◦ Nurse
from
Philippines
murdering
2
pa5ents
/poisoning
19
◦
An5quated
systems,
strict
rules,
lack
of
importance
and
unmaintained
records
20
21. } Review
of
degree/history
for
authen)city
◦ Primary
Source
verifica5ons
◦ Successful
comple5on
of
the
verifica5on
◦ Official
documenta5on
when
possible
} Ar)cle
◦ Rising
Tide
of
Bogus
Degrees
(May
2015)
◦ Bust
in
Pakistan
running
370
educa5on
websites
◦ Columbiana,
Barkley,
Mount
Lincoln
school
degrees
◦ 3,300
unrecognized
universi5es
na5onwide
◦ More
than
50,000
Ph.D.’s
“purchased”
every
year
22. } May
2014
(FL)
-‐
Admired
college
professor
maintains
lie
about
doctorate
for
five
years
un5l
he’s
revealed
as
a
fraud
} March
2015
(MO)
-‐
Cable
repairman’s
past
should
have
been
caught
◦ Fabricated
all
of
his
job
du5es
with
mul5ple
prior
employers
◦ Burglary,
forcible
sodomy
and
armed
criminal
ac5on
} SHRM
research
◦ Over
46%
of
resumes
contain
falsifica5ons
◦ 70%
of
college
students
surveyed
would
lie
on
a
resume
to
get
the
job
◦ 26.5%
stated
in
an
AOL
study
that
they
would
or
did
lie
on
a
resume
22
23. Federal
Criminal
Database
Motor
Vehicle
Reports
Education
Veri?ication
Employment
Veri?ication
Multi-‐Jurisdictional
Criminal
Database
50
State
+
DC
Sex
Offender
Database
County
2
County
1
State
A
Additional
Due
Diligence
Levels
FCRA
Level
23
AllJurisdictions
AllAliases
State
B
Fingerprints
DOJ*
*July 2013 - Many FBI criminal background checks for employment
contain faulty information (National Employment Law Project)
June 2015 -
73 airport workers
with possible
terrorism ties
passed TSA
background
checks
24. } Mercy
of
the
Court
/
An)quated
Courts
◦
Mail
in
lejer
to
obtain
informa5on,
furloughs,
one
order
at
a
5me,
layoffs
} Common
Name
◦ Vetng
mul5ple
hits
or
addi5onal
informa5on
as
per
federal
law
} Database
is
down
or
corrupt
◦ Certain
database
streams
temporarily
down
} Seasonal
lag
)me
◦ Summer,
Vaca5ons,
Spring
Break,
Winter
Storms
24
25. } Can
be
conducted
pre
or
during
employment
} UA
5
and
10
Panel
most
reliable
and
regulated
(DOT
5)
} Hair
&
Other
Tests
} Synthe5c
Cannabinoids
(Bath
Salts)
Workplace drug use 2015
Nearly
½
of
all
posi)ve
tests
are
for
marijuana.
26. } Legaliza5on
of
Marijuana
States
(CO,
WA,
OR,
AK,
DC)
Medical
Use
◦ 23
States
Permit
Usage
(plus
DC)
} Selected
State
Laws:
CA
(SF,
Berkley),
CO
(Boulder),
CT,
DE,
IA,
ME,
MA,
MN,
MT,
NE,
NJ,
NY,
OK,
RI,
VT,
and
WV
– “Business
Necessity”
or
“Safety
Sensi5ve”
– Random
tes5ng
restric5ons
(prohibited
in
SF,
CA)
–
Post
offer
only
(VT,
MN
and
OK)
Does
the
legaliza)on
of
marijuana
use
have
any
effect
on
my
company’s
drug-‐free
workplace
policies?
No.
Employers
s5ll
can
have
and
enforce
drug-‐free
workplace,
zero-‐tolerance
policies.
Employers
with
such
policies
may
want
to
remind
their
employees
that
despite
the
legaliza5on
of
marijuana
in
Washington,
the
employers’
policies
have
not
changed
and
it
is
s5ll
against
company
policy
to
allow
any
drug
use,
including
marijuana.
(Ryan,
Swanson
&
Cleveland,
PLLC)
27. } Quality
Assurance
and
Compliance
Department
◦ Reviews
reports
for
federal
(FCRA),
state
and
industry
compliance
◦ All
adverse
informa5on
reviewed
by
a
senior
manager
prior
to
repor5ng
} Proac5ve
Communica5on
◦ Advise
staff
and
clients
of
changes
in
applicable
law
– Through
Universal’s
Legal,
NAPBS,
daily
review
of
ar5cles
◦ Compliance
webinar
with
all
clients
and
for
your
organiza5on
– Review
EEOC,
FTC,
Federal/State
Laws,
DHHS,
Joint
Commission
updates
◦ Communica5on
of
updates
through
mul5ple
means
– Website
dashboard
–Email
alerts
–
Proac5ve
call
from
CSR
28. 28
The
informa3on
contained
in
this
presenta3on
is
not
intended
to
provide
legal
advice.
Universal
is
not
legal
counsel;
we
cannot
and
do
not
provide
legal
advice.
Please
consult
with
your
legal
counsel,
risk
management
or
compliance
officer
regarding
your
organiza3on’s
specific
legal
obliga3ons.
31. } FTC
Inves5ga5ons
increase
and
focus
on
compliance
Newly
formed
Consumer
Financial
Protec5on
Bureau
◦ Jus5ce
Department:
USIS
-‐
665,000
(40%)
fraudulent
/“sloppy”
checks
(January
2014)
– Email:
“Flushed
everything
like
a
dead
goldfish”
◦ 100+
inves5ga5ons
-‐
inves5gators
filing
fraudulent/falsified
records
◦ Screening
Firm
1
–
(May
2014)
–
Class
Ac5on
Current/Pending
–
Mul5ple
cases
– “…lied
about
using
official
court
records…obtained
info
from
a
bulk
data
collec5on”
◦
Screening
Firm
2
:
$10
Million
sejlement:
13.5
Million
sejlement
(2013)
– Lack
of
security
with
160,000
records
compromised
– Aggrega5ng
informa5on
without
a
person’s
knowledge
and
selling
personal
records
that
could
be
out
of
date/inaccurate.
◦ Screening
Firm
3
:
$2.6
Million
– Did
not
take
adequate
steps
to
verify
accuracy
of
criminal
checks.
– Failed
to
assure
the
accuracy
of
its
screening
reports,
give
consumers
copies
of
their
reports
or
inves5gate
disputes
raised
by
consumers
about
informa5on
in
their
reports.
◦ and
many
more…
31
32. } Increase
as
plain5ff
ajorneys
understand
the
laws
(3x
more
in
2015)
} Laws
more
fragmented
through
ci5es/municipali5es
} Increase
in
sejlements:
◦ Up
to
$1,000
per
person
◦ Ajorneys
Fees
/
Court
Costs
◦ Damages
} Recent
Cases
} January
2015
–
Michaels
Stores
/
Sears
– Not
providing
disclosure
form
as
“solely
of
the
disclosure”
} November
2014
–
Publix
Super
Markets
($6.8M
sejlement)
– Not
providing
disclosure
forms
} October
2014
–
Dollar
General
($4.08M
sejlement)
– Outdated
disclosure
forms
} September
2014
–
Canon
Solu5ons
America
–
Not
providing
a
right
to
dispute
informa5on
(Adverse
Ac5on)
32
33. } Criminal
–
review
“nature
and
gravity
of
the
offense”
◦ Substan5ally
job
related
/
standardized
◦ Severity
of
the
offense
◦ How
long
ago
it
occurred
◦ Is
person
a
repeat
offender
} No
“bright
line”
/
no
hire
rules
◦
A
felony
convic5on
is
an
immediate
disqualifica5on
} Speak
with
Legal
and
have
a
program
in
place
} Case
by
case
basis
–
yet
standardized
} Training
for
hiring
process/procedures
33
34. } EEOC
scru5ny
regarding
disparate
impact
on
racial
minori5es
◦ Nearly
80
million
Americans
with
criminal
records
file
◦ AK,
AZ,
ME
and
NE
virtually
no
way
to
remove
criminal
records
◦ Pepsi
Beverages
pays
3
million
in
racial
bias
case
(1/11/12)
– Discrimina5on
lawsuit
(arrests
vs
convic5ons)
and
relevance
– Employers
can
be
found
liable
for
discrimina5on
without
plain5ff
having
to
show
proof
of
inten5onal
discrimina5on
◦ Uber,
Washington
Metro,
Dollar
General,
BMW,
Advanced
Auto
Parts,
Whole
Foods,
– Violate
Title
VII
of
the
Civil
Rights
Act:
having
a
disparate
impact
on
minori5es
– Did
not
follow
proper
procedures
of
providing
informa5on
to
candidates
34
35. } Legal
Pushback
◦ August
9,
2013
–
MD
Court
dismisses
lawsuit
vs.
Freeman
company
– “EEOC’s
sta5s5cal
expert’s
tes5mony
was
unreliable
based
on
a
substan5al
number
of
errors
in
selec5ng
and
analyzing
data
regarding
the
employers
job
applicants.”
◦ October
7,
2013
-‐
EEOC
v.
Peoplemark,
Inc.,
No.
11-‐2582
– “Careful
and
appropriate
use
of
criminal
history
informa5on
is
an
important,
and
in
many
cases
essen5al,
part
of
the
employment
process
of
employers
throughout
the
United
States.”
◦ Past
2
years
courts
ordered
EEOC
to
pay
$5.6
million
ajorney
fee’s
◦ Courts
rejected
EEOC’s
posi5on
in
8
of
10
cases
in
which
it
filed
last
year
◦ TX
Federal
suit
–
Injunc5on
blocking
enforcement
of
2012
Policy
35
36. } States
prohibi5ng/limi5ng
employment
credit
checks
◦ OR,
HI,
WA,
IL,
MD,
VT,
CT,
CA,
CO,
NV
and
NY
(2015)
limit
an
employer’s
use
◦ Several
state
bills
under
legisla5ve
considera5on:
DC,
GA,
IN,
LA,
MI,
MN,
MO,
NJ,
OH,
OK,
PA,
SC,
WI
} Credit
◦ Job
related
and
consistent
with
business
necessity
◦ Speak
with
your
legal
regarding
best
prac5ces
for
your
posi5ons
if
using
Credit
◦ April
2014
–
Kaplan
vs.
EEOC
“Sta5s5cal
Impact
was
Unreliable”
◦ January
2015
–
Paramount
Studios
Class
Ac/on
Lawsuit
“…failing
to
make
and/or
obtain
the
required
cer5fica5ons
required”
36
37. } Issue
◦ Lack
of
consistency
with
background
screening
program
– A
la
carte
items
ordered
on
some
applicants
but
not
others
going
out
for
same
posi5on
– Risk
of
perceived
discrimina5on
and
poten5al
li5ga5on
} Solu)on
◦ Keep
process
consistent
through
ordering
packages
◦ Reduces
chances
of
human
error
and
lowers
risk
of
li5ga5on
37
38.
39. 1.
Disclosure/Authoriza)on
Form
• Federal
and
State
compliant
• Candidate
signs
prior
to
conduc)ng
check
• Separate
document
from
the
Applica)on
• Kept
in
candidate’s
file
if
ever
needed
(April
/
May
2015)
–
Home
Depot
1.8M
Settlement/
Sears/
Dollar
Tree
/
Closetmaid
Not
a
stand
alone
document,
no
authorization
and
not
providing
a
copy
of
the
report
(March
2014)
–
O’Reilly
Auto
Parts,
Whole
Foods
and
Chuck
E
Cheese
Current
Class
Action
Did
not
provide
disclosure
in
a
stand
alone
document
(CA
Supplemental
Notice)
(April
2014)
–
Swift
Transportation
4.4
million
settlement
and
Extended
Stay
Hotels
Lack
of
federal
and
state
language
on
disclosure
and
no
wrijen
authoriza5on
provided
(March
2011)
–
5.9
million
settlement
FirstGroup
Not
providing
a
disclosure
form
40.
2.
Summary
of
Rights
Document
• Federal
Law
–
give
the
candidate
copy
of
their
rights
• Revised
January
2013
• Provided
at
the
)me
of
background
screening,
verifica)ons,
adverse
process
(April
2013)
–
U.S.
Express
agrees
to
$2.7
million
settlement
over
disclosures
forms
41.
3.
Adverse
Ac)on
• Candidate’s
legal
right
to
dispute
informa)on
June
2015
Hertz
Class
Action
/
April
2015
Amazon
/
January
2015
Johnson
&
Johnson
“Never
sent
an
adverse
action
letter”
September
2014
–
Staples
“Not
providing
proper
notice
nor
allowing
time
to
dispute
report”
December,
2013
–
Beverly
vs.
Wal-‐Mart
Stores
“Not
providing
enough
time
to
dispute”
November
,
2013
–
Disney
(CA)
FCRA
class
action
“Failure
to
comply
with
proper
hiring
procedures”
February,
2013
–
Kmart
settles
for
3
million
“Failed
to
provide
proper
Adverse
Ac5on
procedure”
3M,
Home
Depot,
Aaron’s,
Dominos
Pizza,
Capital
One,
O-‐Reilly
Auto
parts,
Aerotek,
Allegis
Group
42. } Any
decision
by
an
End
User
that
has
a
nega5ve
impact
on
the
consumer.
Examples:
◦ Denying
employment
(rescinding
condi5onal
offer)
◦ Termina5ng
employment
(exis5ng
or
new
hire)
◦ Denying
promo5on,
transfer,
etc.
} Why
does
the
law
require
this
process?
◦ To
provide
the
opportunity
for
the
consumer
to
dispute
any
informa5on
that
may
be
incomplete
or
inaccurate
◦ Iden5ty
thep,
common/limited
iden5fiers,
human
error
43. Before
taking
any
adverse
ac5on,
you
must:
1
• Notify
the
consumer
that
you
may
take
adverse
action
based
on
the
consumer
report
(Pre-‐Adverse
Action
Letter)
2
• Provide
the
consumer
a
copy
of
the
report
3
• Provide
the
consumer
a
copy
of
the
document
A
Summary
of
Your
Rights
Under
the
Fair
Credit
Reporting
Act
and
any
other
applicable
state
notices
4
• Provide
a
“reasonable”
amount
of
time
for
the
consumer
to
receive
the
notice,
review
the
report
and
initiate
a
dispute
Rite Aid Beats Class Action (July 31, 2014)
44. } What
is
a
reasonable
amount
of
5me?
◦ FTC:
“Some
reasonable
period
of
5me
must
elapse,
but
the
minimum
length
will
vary
depending
on
the
par5cular
circumstances
involved.”
FTC
Staff
Report
7/2011
◦ FTC:
“Although
the
facts
of
any
par5cular
employment
situa5on
may
require
a
different
5me,
the
five
day
period
that
you
proposed
appears
reasonable.”
Weisberg
6/27/97
◦ Reardon
v.
Closetmaid:
did
not
establish
5
days
as
a
minimum
wai5ng
period
– Suggested
that
anything
less
than
5
days
may
put
the
employer
under
scru5ny
for
FCRA
viola5ons.
45. } Aper
providing
“pre”
adverse
ac5on
no5ce
and…
◦ The
applicant
does
not
dispute
the
informa5on
◦ Or,
a
re-‐inves5ga5on
is
completed
} Then…
issue
a
“final”
Adverse
Ac5on
No5ce
◦ Include
a
copy
of
the
report
◦ A
summary
of
the
consumer's
rights
} Finally…
take
the
applicable
adverse
ac5on
◦ Rescind
Job
Offer,
Terminate
Employment,
etc.
46. } Vendors/Contractors
place
organiza5on
at
risk
◦ Staffing
Firms
Bad
Rap
Ar5cles
– Could
Background
Check
Have
Prevented
Rape
(BP
2010)
– Nursing
Student
Accused
of
Sexually
Assaul5ng
Pa5ent
(2014)
◦ Screen
vendors
the
same
way
– Have
Extended
Workforce
Program
for
vendors/contractors
– Vendors
pay
for
screening
at
discounted
rates
46
47. } Removing
ques5on
on
applica5on:
◦
“Have
you
ever
been
convicted
of
a
misdemeanor
and/or
felony?”
} Over
100
municipali5es
and
18
states
and
DC
(May
2015)
◦ States:
CA,
CO,
CT,
DE,
GA,
MD,
NE,
NM,
OH,
VT,
VA,
OR,
DC
(Public/Gov’t
Only)
◦ States:
HI,
IL,
MA,
MN,
NJ,
OR,
RI
(Private
Sector
–
not
asking
convic5on
ques5on
on
applica5on)
◦ San
Francisco
and
Bal5more
(10
or
more
employees)
◦ The
"Certainty
in
Enforcement
Act
of
2014"
– Prevent
the
EEOC/state
agencies/plain5ffs'
ajorneys
claiming
that
certain
employers
are
engaged
in
unlawful
employment
prac5ce
when
ac5ng
in
accordance
with
federal/state/local
laws.
– Included
certain
industries/fields
such
as;
health
care,
childcare,
in-‐home
services,
policing,
security,
educa5on,
finance,
employee
benefits,
and
fiduciary
du5es.
Solu)on
◦ Speak
with
your
legal
regarding
best
prac5ce
for
your
organiza5on.
◦ Increasing
background
check
services
to
cast
larger
net
◦ Looking
for
“interrup5ons”
in
Employment
History
47
48. } Hiring
Controversies
Due
to
Social
Networking
◦ Up
to
98
%
of
the
U.S.
online
popula5on
uses
social
media
(12/2011)
◦ 38%
Employers
less
likely
to
hire
without
finding
info
online
(Career
Builder
2015)
◦ 51%
hiring
managers
use
search
engines
to
research
candidates
◦ 70%
of
those
surveyed
admijed
to
rejec5ng
candidates
based
on
informa5on
they
uncovered
online
(CBS
News,
2010)
} Content
hur5ng
job
prospects
◦ Provoca5ve
or
inappropriate
photos
(46%)
◦ Informa5on
about
a
candidate
drinking/drugs
(40%)
◦ Candidate
bad-‐mouthing
previous
company/employees
(34%)
◦ Poor
communica5on
skills
(30%)
◦ Discriminatory
comments
to
race/religion/gender
(29%)
48
49. } Legal
Issues
◦ Accepted
by
FTC
◦ Most
sites
do
not
have
a
sound
verifica5on
process
– May
Violate
EEOC
Guidelines
(Protected
Class)
– May
Violate
FCRA
(Fair
Credit
Repor5ng
Act)
– May
Violate
ADA
(disability)
◦ 20
States
protec5ng
personal
passwords/names
49
§ Research
suggesting
Blacks
and
Hispanics
might
adversely
be
impacted
by
use
of
Facebook
ratings
which
tended
to
favor
female
and
White
applicants
(Florida
State
University
Study)
51. } Establish
wrijen
policies
and
procedures
that
cover
all
areas
related
to
no5fica5on,
authoriza5on,
permissible
purpose,
use,
disputes,
adverse
ac5on,
storage
and
disposal.
} Provide
disclosures
and
obtain
wrijen
authoriza5on
} Follow
Pre
and
Final
Adverse
Ac5on
Procedures
and
provide
an
opportunity
for
the
consumer
to
dispute
} Be
Consistent.
Be
Consistent!
Be
Consistent!!
52. } Establish
wrijen
policies
of
what
qualifies
and/or
disqualifies
a
person
to:
◦ Work
in
any
posi5on
in
the
Company
◦ Specific
posi5on(s)
in
the
Company
} Avoid
“blanket”
disqualifiers
unless
you
can
demonstrate
a
legi5mate
business
necessity
◦ Especially
important
for
Credit
Reports
} Pay
ajen5on
to
Title
VII,
EEOC
and
Disparate
Impact