We have just been notified that the Las Vegas Justice Court System’s public record database has been taken off-line as of today, October 31, 2014 and will be down until at least Monday, November 3, 2014 while a performance upgrade is performed.
All criminal background check requests in Clark County, Nevada will be placed on hold until the system is back online.
For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.
A recent case has pushed the issue back into the headlines, and this time, LinkedIn is in the spotlight. The popular social network was sued on October 9, 2014, for alleged violations of the Fair Credit Reporting Act (FCRA). The class action, filed in the Northern District of California, claims that LinkedIn’s reference checking services are essentially background screening functions that should be regulated by the FCRA. Read More
Another retailer is about to shell out a multi-million dollar settlement. According to court documents, Dollar General will pay $4 million to settle a two-year old Virginia class action case for missteps in its background screening process. Read More
Thanksgiving is just a few weeks away, and that means Black Friday, shopping online, and holiday music overload as we get ready for the big gift-giving season. It’s hard to believe, but holiday hiring season is already well under way. If you hire holiday or other temporary workers, it’s important to hire ones that you can trust. Read More
Have a question for the next issue of BTW? Submit YOUR question for Ask Angela here: email@example.com.
Have you ever used LinkedIn to check up on someone? An employee or a prospective new hire? Of course you have–who hasn’t? And while I’ve never actually given the “recommendations” on LinkedIn much weight, I’ve often wondered whether employers actually rely on them to make a hiring decision. Social media sites have given us a whole new window through which to view candidates—both professionally and personally. Continue reading FCRA Class Action Targets LinkedIn →
This is a great time of year for most retailers. The holidays are just ahead, and consumer confidence is high. That’s the good news. Here’s the bad news: the trend of retailers being hit with FCRA class action cases continues to grow. As a colleague of mine, Scott Paler said recently, you can’t drive down the street in suburban American without noting the businesses in your shopping plaza that have been hit: Home Depot, Aaron’s Furniture, Whole Foods, CVS, Panera, Nine West, A.M.C., and so on. Continue reading Retailer Dollar General Settles FCRA Class Action for $4M →
They say a background check can cost someone a job, but what’s the cost of employers not doing a background check and making bad hiring decisions? It’s difficult to pinpoint the precise value of your employees. I mean, they are worth the world to you, right? However, when it comes to hiring and retaining new employees—ones that you hope will have a lasting contribution to your company, you can in fact pinpoint your costs if an employee does not work out. Continue reading Cost of a Bad Hire vs. Cost of a Background Check →
The problem of resume fraud is a perennial headache for HR, and as fresh as the latest headlines.
Last month, it was the turn of Wal-Mart Stores Inc. to suffer a high-profile embarrassment when Vice President of Communications David Tovar resigned, reportedly because when he was in line for a promotion, the company discovered he had not actually obtained a bachelor’s degree as he had claimed on his resume. The company did not respond to a request for comment from Bloomberg BNA.
“There are a lot of high-profile stories” like that, Rachel Trindade, vice president of marketing at Irvine, Calif.-based background screening company HireRight, said in an Oct. 17 interview with Bloomberg BNA. “If someone comes up through the ranks in an organization, there may not have been background checks when they started, and checks were not done when they were promoted or transferred.”
“Things may have occurred when the individual was first hired and there wasn’t an in-depth background screen, or they may have come in from an acquired company,” Theresa Preg, senior director at Atlanta-based background screening company First Advantage, said in an Oct. 17 interview with Bloomberg BNA. “Or someone may have been in a position for a long time, and [certain aspects of their background] weren’t important before.”
Thanksgiving is just a few weeks away, and that means Black Friday, shopping online, and holiday music overload as we get ready for the big gift-giving season. It’s hard to believe, but holiday hiring season is already well under way. If you hire holiday or other temporary workers, it’s important to hire ones that you can trust. Continue reading Holiday Hiring: Keep it Legal and Don’t Forget the Background Check →
Halloween or not, most organizations are not looking to scare away their best candidates. However, they may be doing just that if their candidate experience is not up to snuff. Job seekers talk – and the ripple effect of a negative candidate experience has frightening ramifications: desirable candidates will look elsewhere; referrals will wane and an organization’s reputation and brand in the marketplace will suffer. Scarier still? Many organizations are unaware of the critical impact their background screening process has on the overall candidate experience. Continue reading Are You Scaring Away Your Best Candidates? Get It Right Before, During, and After a Background Check →
Why, oh why do state governments feel the need to waste valuable time and tax payer money enacting laws that prevent employers from requiring access to the social media accounts of current or prospective employees?
HRMagazine is reporting that New Hampshire became the 18th state this past August to adopt such legislation and that similar bills have been introduced in at least 28 states.
Here’s my take- this is a waste of time because this is not a widespread trend among employers. In fact, I’ve yet to come across an employer who demands this of their candidates and employees. Whatever they are going to find isn’t worth the negative candidate experience or media attention this practice creates.
Where we have seen this, we’ve found that candidates stop applying for jobs and the media absolutely eviscerates the employer. Check out what happened in Bozeman, Montana several years ago. As soon as their practices of asking for social media passwords came to light, it took them about 2.5 seconds to rethink their policy. That was in 2009. The only other instance I’ve seen is from the White House. That’s right. If you want to work for President Obama, beware that you’ll be asked to share your deepest and darkest secrets on Facebook. And guess what? I’d think they were crazy if they didn’t ask.
Evidently, the federal government gets it. According to Eric Meyer of Dilworth Paxson LLP and “The Employer Handbook” blog (which is incredibly entertaining and educational), “There have already been two attempts to pass a federal social media workplace privacy. Both have stalled out.”
Our most recent marketplace trends survey shows that most employers aren’t even conducting social media background checks as part of their employment background screening process, let alone asking for candidates’ passwords (see below).
Does your organization conduct online media searches for candidates as part of your hiring process?
I want to be clear that I think the practice of asking for social media passwords is a joke. Employers shouldn’t do it. It’s a horrible invasion of privacy. But there are a lot of things employers shouldn’t (and aren’t doing) that the states don’t bother wasting time legislating. I know it sounds great for a politician trying to create a name for themselves, but let’s add this to the list.
Denver’s year-old policy allowing for the disposal of pre-employment background checks in its jail system is garnering more attention for a system already under the microscope. An April 2013 policy allows for the destruction of pre-employment records in as little as three years after the employee is hired. This is only a year above the minimum set by the Equal Employment Opportunity Commission (EEOC) and far below the minimum recommended by Colorado municipal clerks and consultants. Keep reading to learn the three failures of background checks in Denver’s jail system.
Continue reading 3 Failures in Background Checks in Denver’s Jail System →