Feb
10

There’s an app for that

The U.S. Federal Trade Commission (FTC) has warned the makers of some background check apps that they might be in violation of a consumer credit protection law.

Among the companies:

  • Everify: marketer of Police Records app
  • InfoPay: marketer of Criminal Pages app
  • Intelligator: marketer of Background Checks, Criminal Records Search, Investigate and Locate Anyone, and People Search and Investigator apps

The apps contain information about criminal records which is usually the type of information used in employment screening.

Letters were sent to each company stating that the apps may violate the Fair Credit Reporting Act (FCRA) which is intended to protect the privacy of consumer report information and ensure that the information supplied by consumer reporting agencies is accurate.

“Employers are likely to use such criminal histories when screening job applicants,” the FTC letter said. “If you have reason to believe that your reports are being used for employment or other FCRA purposes, you and your customers who are using the reports for such purposes must comply with the FCRA.”

In a world where there’s an app for everything, do you think some companies have taken it too far? One thing is for sure, the companies being questioned by the FTC need to review their policies to ensure compliance.

Jan
18

“Have you ever been convicted of a crime?”

Although everyone in the workforce has come across this question at some point, a handful of cities and states are giving it a second look. Known simply as “Ban the Box,” this movement works to remove the previously mentioned question from initial job applications, giving ex-convicts a better chance at obtaining employment, post incarceration.

Michigan lawmakers are in the news as they are the latest state to decide whether they would like to join the “Ban the Box” movement. Opponents of the new laws argue that banning the box as a blanket rule limits an employer’s ability to screen out potentially dangerous or unqualified workers at an early stage of the hiring process, especially for certain positions where vulnerable populations–children and the elderly, for example–are involved. It may undermine the government interest in a safe, crime-free workplace. Plus, it may make employers more vulnerable to workplace liability and negligent hiring.

State and city laws vary greatly in how the restrictions apply, whether it be public, private, government employees, or government contractors. In most cities, the law applies only to city workers, but the details vary.

Ban the Box map as of July 2011.

 

Jan
10

See what people are saying about OPEN

At OPENonline, our top priority is the satisfaction of our customers. We make sure that when you use our services, you are getting the most comprehensive, compliant information. Check out what people are saying about OPEN:

“There is one thing that has stood out to me about this company. If I do have need to contact customer service on an issue, such as having connection issues, I am told they will call me back when the issue is resolved. What impresses me is that they do call back. And the callbacks are usually same day. I actually talk to a person, not a machine.”–Lisa S. Moore, Plan Administrator, Consumer Support Services, Inc.

“We have been extremely satisfied with the level of service and response from the professionals servicing our account. The original set up was efficient, timely and easy from my prospective. However, the ongoing services provided have exceeded my expectations[. The level of service] exceeded my expectations and was beyond what I thought I was contracting for when I initially went to OPENonline for background checks and employment credit checks. I highly recommend OPENonline to anyone in need of similar services.” – M. Earlene Fantz, President/CEO, American Lake Credit Union

Read more.

Jan
05

Gun sales in 2011 at an all-time high, over 100,000 background checks conducted day before Christmas

According to the FBI, nearly 16.5 million inquires were fielded in 2011.

The National Rifle Association says the figures indicate more people feel they need guns for self defense.

“I think there’s an increased realization that when something bad occurs, it’s going to be between them and the criminal,” NRA spokesman Andrew Arulanandam told CNN. Arulanandam said Americans realize police cannot be everywhere there’s trouble and also that some officers are being laid off due to budget cutting.

The background checks conducted on potential buyers are important to ensure they do not have a criminal past or any other red flags.

According to the Department of Justice, the top ten states listed below account for more than half of the requests the FBI fielded during the year.

RANK STATE NUMBER OF PRE-PURCHASE POPULATION BACKGROUND CHECKS
1 Kentucky 2,280,832 4,314,113
2 Texas 1,155,387 24,782,302
3 Utah 1,020,789 2,784,572
4 California 905,701 36,961,664
5 Illinois 828,962 12,910,409
6 Pennsylvania 718,934 12,604,767
7 Florida 643,229 18,537,969
8 Ohio 468,974 11,542,645
9 Tennessee 451,107 6,296,254
10 Missouri 394,923 5,987,580

Dec
30

Two new California laws go into effect come new years day

California Assembly Bill 22 (CA AB 22): relates the use of credit report checks of job applicants and current employees for employment purposes

AB 22 prohibits employers or prospective employers from obtaining a consumer credit reports for employment purposes unless the position of the person for whom the report is sought is one of the following:

  • A managerial position;
  • A position in the state Department of Justice;
  • A sworn peace officer or other law enforcement position;
  • A position for which the information contained in the report is required by law to be disclosed or obtained;
  • A position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment;
  • A position in which the person is or would be a named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf;
  • A position that involves access to confidential or proprietary information; or
  • A position that involves regular access to $10,000 or more of cash.

 

California Senate Bill 909 (CA SB 909): relates to the “offshoring” of the Personally Identifiable Information (PII) of consumers who are the subjects of background checks.
SB 909 adds language to Civil Code 1786.16 that requires that a consumer must be notified as part of a disclosure before the background check of the web address where that consumer “may find information about the investigative consumer reporting agency’s (CRA) privacy practices, including whether the consumer’s personal information will be sent outside the United States or its territories.” If a background screening firm does not have a web site, then the background screening firm must provide the consumer with a phone number where the consumer can obtain the same information.

Read the full article here.

Dec
14

Are you among the elite?

Since 9/11, we have seen first-hand the preventative security measures taken by TSA to ensure the safety of travelers. In an effort to expedite the travel experience, TSA partnered with U.S. Customs and Border Protection (CBP) as well as a few U.S. air carriers to test a pre-screening process for elite, frequent fliers.

The current participants are Delta Air Lines Inc., AMR Corp.’s American Airlines and United Continental Holdings, Inc. who just announced they will join the “PreCheck” program next year.

The travelers invited to participate in the program must submit to, and pass, a background check. However, according to the TSA website, they will always incorporate random and unpredictable security measures throughout the airport and no individual be guaranteed expedited screening in order to retain a certain element of randomness to prevent terrorists from gaming the system.

More than 120,000 fliers have used the program since it began in early October.

Dec
01

First, let’s screen all the coaches

As the facts continue to unfold surrounding the sexual abuse scandal at Penn State and now Syracuse, people are asking questions about what steps colleges and universities are taking to screen coaches, faculty and administrators. Unless you have been hiding under a rock for the past thirty days, you know that on November 3, 2011 former Penn State University assistant football coach Jerry Sandusky was charged with sexual abuse of eight boys over a 15-year period.  Only a few weeks later, Syracuse University assistant basketball coach Bernie Fine was fired after allegations of child molestation surfaced involving claims by three (now four)men.

These recent cases are not the first incidents of this type to capture national headlines. Some of us remember when the US 1984 Olympic women’s gymnastics coach Don Peters was been banned for life by USA Gymnastics in November after two former gymnasts said he sexually abused them in the 1980s. USA Swimming has banned at least 46 coaches and officials for life. One coach, who was sentenced in 2008 to 33 years in federal prison, secretly videotaped teen girls undressing in locker rooms. Another was sentenced in 2009 to 40 years in prison for molesting young swimmers for more than 30 years.

Not to say that all coaches are bad. Most would agree that the overwhelming majority of coaches and sports administrators are taking on these roles for all the right reasons—their love and dedication to athletics and helping young people. But parents and victim advocacy groups are justifiably outraged, considering the premature pledges for “unqualified support” of the accused, and relatively little or no show of support for victims or their families.

Justin Mayer, founder and president of the Center for Ethical Youth Coaching, is piping up. “We want the public and especially parents to ask: Who are these people guiding our children and youth? Are they qualified? Are they trained? Are they ethical? Have they passed a background check?”

Two days ago Debbie Yow, athletic director at North Carolina State University, told USA Today that all schools should conduct background checks on coaches and other staff hires, saying: “It’s a basic obligation. Unfortunately, it’s needed.”

So why are so many institutions still doing nothing–is it the added cost? Fear of discrimination claims? Or maybe just a cultural difference within the academic world that has been reluctant to embrace the need for background checks? What do you think?

Sources: http://news.yahoo.com/penn-state-sex-scandal-highlights-crises-youth-coaching-081401533.html

Nov
23

The most wonderful time of the year for hiring is now – and the hiring outlook isn’t looking too shabby as it remains about the same as last year

According to the National Retail Federation (NRF), retailers will hire estimated 480,000 – 500,000 seasonal employees this year. As most people know (especially the 9% of our population that is unemployed), the holiday hiring season provides a great opportunity to get back to work for a few weeks – and for some, even longer.

“The hundreds of thousands of jobs created during the holiday season help people support their families by supplementing their household income and providing generous employee discounts,” said NRF President and CEO Matthew Shay. “As the retail industry bounces back from the recession and continues to add jobs, some holiday employees could find themselves with an opportunity for even more: a new career in one of the most innovative industries on the planet.”

One such lucky individual was Andrew Sullivan, who received a full time job after taking a seasonal gig for UPS. After losing his job as a sales and customer service supervisor for a telecommunications company in 2008, Sullivan was hired by the world’s largest package delivery company as a driver for the holidays.

“I don’t see myself doing anything else,” said Sullivan, who is now a road supervisor for the company.

According to human capital consulting and outsourcing firm Aon Hewitt, you can increase your chances of becoming a full-time employee by:

  • Communicating interest in staying on full time
  • Finding ways to add value
  • Showing genuine interest in the company and its products/services

“Retailers, quick service restaurants, hotels and other hospitality-oriented companies are feeling the effects of the struggling economy, and more than ever, need to find the right talent,” said Erin Peterson, Recruitment Process Outsourcing Practice leader with Aon Hewitt. “While competition for holiday jobs may be tough, there are plenty of opportunities for individuals who make a difference for their employers by being highly productive and delighting customers.”

Nov
18

Background checks not something to gamble with, may (or may not) delay Cleveland casino opening

The Horseshoe Casino is set to open on March 26 in Cleveland, Ohio; and, in accordance with state law, they must conduct background checks on anyone associated with the casino, including companies associated through contracts –resulting in quite a large list that includes: company officers, board members, large stockholders, etc.

According to The Plain Dealer, Rock Ohio Caesers –the company developing the casino –is expected to file its final application at any minute. Even with the papers coming in, there is still concern that the background checks will not be completed in time for the March opening. The background checks, which usually take about nine months to conduct, will have to be completed in just four.

The applications were due more than a month ago; so why the delay?

According to the Plain Dealer, “Rock’s attorneys triggered the delay by arguing, among other issues, that people who might work with a vendor but will have no role at the Cleveland casino should not automatically be subjected to the application process. The objections were largely on behalf of Rock partners Apollo Global Management and TPG Capital.”

Even with the anticipation of the opening, it is still important to conduct complete and thorough background checks –something that Ohio Casino Control Commission chairwoman Jo Ann Davidson seems to agree with.

“We’re trying to offer options out there,” Davidson told the Plain Dealer earlier this month. “We need to get these applications complete. But we don’t want to take any steps that will give us less information to make our decision on suitability.”

Read the full article here. Learn more about the Ohio Casino Control Commission here.

Nov
16

Looking for an information source on workplace violence? OSHA’s website provides information, statistics and preventative measures

Early this year, The United States Department of Labor’s Occupational Safety and Health Administration launched a website that provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites.

According to the OSHA website, workplace violence is defined as, “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”

The facts

  • There are two million cases of workplace violence reported each year. –OSHA
  • These cases result in $16 million annually in lost employee wages
  • The cost to employers is $121 billion each year. –OSHA
  • Most heavily impacted industries are convenient sales, law enforcement/security, education, health care, & transportation. – National Institute for the Prevention of Workplace Violence, Inc.
  • Workplace homicides declined by 7 percent in 2010 but workplace homicides involving women increased by 13 percent. –Bureau of Labor Statistics

For more stats and resources, visit their website: http://www.osha.gov/SLTC/workplaceviolence/

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