|
||||||
Salamatsys
, ba? 
Fantastic news! There is a new Nixon
in the world. Delaney Nicole Nixon. My son Shawn decided to start
a second family. I am now the proud Grand Father of seven. 
|
 |
Social
Security Death List Enables Dead Children's ID Theft
To read more, click here
Hiring Limited, Layoffs Up in November The U.S. labor market's struggles will continue inNovember, as job creation will slow and job cuts will rise in the manufacturing and service sectors comparedwith a year ago, according to the Society for HumanResource Management's (SHRM) Leading Indicatorsof National Employment (LINE) survey for November2011. Job growth in November will be limited. The rateof job creation will fall slightly in manufacturing and moderately in services in November compared with ayear ago. Recruiting difficulty inches up in both sectors. More HR professionals in manufacturing and servicesreported increased difficulty with recruiting key candidatesin October. To read more click here
Passport To Screening Paradise For Cititec ? With increasingly stringent reference and background checks at banks and other City institutions, director of operations and co-founder of City IT recruiter Cititechas told Recruiter the company is considering creating a screening passport. Robert Grant says: "This is a concept we're trying to develop with some of our screening agents, and I suppose only time will tell if it comes off." To see the video on Grant's passport idea click here . For the full story, see p25 of Recruiter magazine, 2 November To read more click here
We can help you have a high quality e-newsletter to help nurture your relationship with your clients and attract new clients. Our customized newsletter service will take over your newsletter task or create a new one for you. We can manage the creation of your newsletter for you. We are constantly researching information to use for The Background Buzz and you can put our research to use for you. Using the information rich content from The Background Buzz (minus the ads and competitors information) we will create a custom newsletter for you. Use your staff’s time to do more valuable work and save all the hassle of researching or writing articles, formatting and managing all the other ezine tasks with our customized ezine process. Contact Barry Nixon at 949-770-5264 or at wbnixon@aol.com for more information.
Sponsored by: Public
Record Update
A recent law change has caused a huge spike in driver license suspensions in Maryland, with many drivers not even knowing they have been suspend. Effective January 1, 2011, when a driver receives a traffic ticket the Maryland Motor Vehicle Administration (MVA) is no longer following up with a mailing to set a court date. The driver must now initiate contact with the court within 30 days or the driver's license is suspended (punishable with a $500 fine and up to 60 days jail time). Many drivers are claiming they are unaware of this new procedure and suspensions have risen 35%. Maryland-based employers and insurance companies who use the MVA's License Monitor System (LMS) to monitor their employees' or insured drivers' driving records for violations and suspension have no doubt seen this in suspensions. LMS informs the business or agency when someone on a list of submitted drivers has activity on the driving record. More information about this monitoring system is found at www.mva.maryland.gov/Driver-Services/DrRecord/MVRs/LMS.htm .
Onsite Access to Court Records at National Archives Centers Since there are few if any identifiers found by searching the online content available of a federal court case, it is often necessary to view or obtain the physical case files. Most closed federal bankruptcy, civil, criminal, and court of appeals case files are physically stored at one of the 14 Federal Record Center locations of the National Archives and Records Administration (NARA). Until recently most of the NARA locations provide a research room where the public may view case files onsite, often by appointment. However, over the past several year seven NARA locations in Atlanta, Boston, Dayton, Denver, Philadelphia, Seattle, and Washington have closed their research rooms to the public to view court documents. Effective October 1, 2011 six more NARA locations in Chicago, Fort Worth, Lee's Summit, Lenexa, Riverside and San Bruno will not permit the public to physically view the files. The only NARA office still permitting onsite record access is the Anchorage Alaska office. Since case files may no longer be viewed, copies must be purchased. The fee for a "copy package" of preselected documents or of the docket sheet is $35.00. The entire case file is $90. Add $15.00 for certification. All of the
NARA Federal Record Centers participate in an online ordering
system for record access. Most of the Centers also accept requests
by mail, fax, telephone or email.
Crackdown on Fake Driver's Licenses Aims to Eliminate Tool of Criminals, Terrorists In just over
two years, tough new federal rules will require all states to
confirm an applicant's legal status, social security number and
other information before issuing a driver's license. The 9/11
Commission claims an ID can be just as valuable to a terrorist
as a weapon. Stricter enforcement however, leads to increased
counterfeiting and forgery as many criminals try to cash in. While
fake IDs may look real to the naked eye, Homeland Security's Forensics
Document Lab, equipped with new overt and covert security measures
can easily detect the difference. Dawn Nelson, Chief of ICE's
Homeland Security Investigations for Identity and Benefit Fraud
Unit, warns that using a fake driver's license is a federal felony,
whether it is to board an airplane or to buy a beer.
You can contact Monterrat at Montserrat.Miller@AGG.com or visit http://www.agg.com/Contents/Home.aspx Update on New Credit and Criminal History Guidance reported by Consumer Reporting Agencies It appears that new guidance could be issued by the Equal Employment Opportunity Commission (“EEOC” or “Commission”) as soon as December. Such guidance would impact the use of credit and criminal history records used by employers and others as a part of a background check. At this juncture, new guidance on the use of credit in employment screening will be the first out of the gate. The thinking is that limitations on the use of credit will be first, followed by limitations on the use of criminal history records. New guidance impacting how employers will be able to use credit history for employment screening purposes has been drafted and we believe reviewed by at least some of the Commissioners. With respect to revised criminal records guidance, the issue that seems to keep popping up is the placing of a time limitation of seven years…akin to a blanket prohibition…on the use of criminal records by employers. In other words, one could not use a conviction for employment screening purposes if it occurred beyond seven years from the job application. Click Here to read the full article
The total count of attendees at this mid-year conference was 342, up 16% from 294 last year and up from the attendance of 249 in 2009. There were 45 exhibitors, up significantly from 32 last year. In addition, a true highlight was the count of accredited companies reaching 20 from the first ones passing accreditation last year. Kudos to the board of directors for the hundreds of hours they put into keeping our association valid, vibrant and functional. They moved from not being able to get a rating of "sustainable" on a regular audit to a point of now having a positive cash flow and being able to set aside money to have the reserves necessary to sustain the association and pass an audit.
Nelson
Staffing Leverages Checkster to Ensure High-Quality Candidates
To read more click here
SkillSurvey Tops 2 Million People Entered into its Reference-Checking Database SkillSurvey®, Inc. , the inventor and leading provider of online reference-checking solutions, announced that over 2 million people have been entered into its Pre-Hire 360® database. This milestone has been achieved as a result of more companies using its products to hire better. Pre-Hire 360 ® automates the process of gathering input from a job applicant's references by using behaviorally-based surveys delivered through an electronic platform. The surveys delve into a candidate's strengths and developmental needs, as borne out on the job. Confidential input from managers, peers, direct reports and business partners provides a multi-dimensional view of the candidate's past performance. "It is exciting to think that over two million people have been exposed to our reference-checking solution," said Ray Bixler, president and chief executive officer of SkillSurvey. "SkillSurvey has been experiencing superb growth in recent years, as a result of expanding its services to help organizations across many market sectors get behavioral information on their job candidates before they hire them." To read more
click here
SHRM
& DATIA Poll: Half of Employers Conduct Drug Tests on Final
Job Candidates More than half of employers (57 percent) conduct drug tests on all job candidates, while only 29 percent do not conduct drug tests on any job candidates, according to a poll released today by the Society for Human Resource Management (SHRM) in collaboration with and commissioned by the Drug & Alcohol Testing Industry Association (DATIA).Most employers who use tests on job candidates have done so for seven years or more (69 percent), and 12 percent have used them for five to six years. "Among the organizations using these testing programs, the tendency is to continue the use of them over relatively long periods of time," said Mark Schmit, director of research at SHRM. "In addition, organizations are reporting positive impacts related to drug and alcohol testing that supports the efficacy of these programs." The SHRM/ DATIA poll - Drug Testing Efficacy - found that some employers noticed an impact on employee productivity, absenteeism and workers compensation incidence rates after implementing drug testing programs. To read more
click here
Women Say Duct Cleaner With Criminal History Stalked Them After Slipping Through Background Check Two women share some frightening stories about the same man they say terrorized them. He came to their homes when they responded to ads from a major department store to have their air ducts cleaned. Shortly after two servicemen visited her home Carrie Smith received several vulgar texts. Smith called police, and they traced the messages to one of the servicemen's cell phone. What Smith didn't know at the time is that Jason Meinke, the serviceman, has a long criminal record and a history of stalking and harassing women. The 7 Action News Investigators found seven personal protection orders against Meinke taken out by seven different women over 11 years.He has six criminal convictions, misdemeanors and felonies going back to 1999, according to court records. Meinke's latest conviction in 2011 is for aggravated stalking. Beth Morgan, another victim, according to courts records Morgan met Meinke when she called the same company to get her air ducts cleaned and chatting turned into dating and then a relationship. When Morgan discovered Meinke's dark side and criminal history she tried to shake him but she couldn't. She said he started stalking her. As it turns out when Morgan's attorney confronted Meinke's manager he provided a copy of a background check that was done in December 2010 saying Meinke passed. How is that possible? Meinke had just been released from prison a few months earlier. That's information anyone can get for free on the Michigan Department of Correction's web site . To read more
click here
Electronics Manufacturer Ordered to Pay $43,000 for 62 I-9 Violations Due to the
unpredictability of I-9 penalties, now is the time for organizations
to evaluate their I-9 program, enlist the help of experienced
attorney auditors, and move to an electronic I-9 system before
an ICE Audit occurs. Alyn Industries (an Electronics Source Company)
learned their lesson the hard way after being fined $43,000 by
the ICE in an I-9 investigation. The fines resulted from Alyn's
failure to prepare and/or present I-9 forms for 2 employees, ensure
that section 1 of the Form I-9 was completed for 1 employee, and
properly complete section 2 of the I-9 form for 59 employees;
a grand total of 62 I-9 violations. ICE originally sought a fine
of $63,767, calculating their fine base due to the presence of
unauthorized workers, however Judge Thomas found these fines too
high and rejected these arguments because of insufficient evidence
of the discrepancies. To read more, click here
Michigan Dairy Farm and its Owners Sentenced for Employing Illegal Aliens,Ordered to Pay Nearly $3 Million in Penalties The owners
of Aquila Farms, LLC, were sentenced to three years of probation
and ordered to pay fines totaling $234,000 for hiring illegal
aliens and aiding and abetting each other to do so. The convictions
were the result of an investigation conducted by U.S. Immigration
and Customs Enforcement's (ICE) Homeland Security Investigations
(HSI). The company encouraged or induced an alien to come to,
enter or reside in the United States for commercial advantage
or private financial gain knowing it was in violation of the law.
Aquila Farms was sentenced to probation for five years, ordered
to pay a fine of $500,000 and required to make payments totaling
$2,000,000 in lieu of forfeiture.
Missouri Pork Producer Agrees to Pay the Highest Civil Penalty on Record for Discrimination During the I-9 Process The Department of Justice has announced a record anti-discrimination settlement agreement of $290,400 with Farmland Foods, Inc. to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. According to the lawsuit filed on behalf of the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens to present specific and, in many cases, extra work-authorization documents; a clear violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). When employers think about I-9 rules, most focus solely on making sure that the form is completed properly, original documents are reviewed, and everything is retained for the right amount of time in order to avoid potential issues and fines by ICE. However, employers should also be aware of "document abuse" which includes improperly requesting that employees produce more documents than are required by Form I-9 to establish the employee's identity and employment authorization. To read more, click here
The Government Gets Back in the Ring…Employers Around the Country Report a New Round of ICE Audits ICE appears to be conducting a new round of audits and an estimated 500 employers nationwide will be receiving Notices of Inspection (NOIs). NOIs will include requests for hiring, payroll and other records to determine compliance with employment eligibility verification laws. Employers will be expected to produce original I-9s within three days from service of the NOI. Immigration compliance can no longer be ignored as ICE's inspections become more sophisticated with the use of electronic I-9s, additional monitoring of the E-Verify system and a better trained and focused core of ICE agents. To avoid legal trouble, employers should engage in proactive compliance planning and training. To read more, click here
Welcome to the International Legal Challenge Question
Most industries and firms now compete in a global marketplace which is continuing to increase the need for background checks for new hires that will reside in another country or that are being hired from another country. Commensurate with this growth in background checks is the need to understand the myriad of data protection, privacy, human rights and local laws that govern the practice of conducting background checks. To help background screening firms around the world to further enhance their knowledge we have launched this International Legal Challenge. We are grateful to Brian Arbetter a Partner with the global law firm of Baker & McKenzie LLP for providing the question and answer to the questions in the International Legal Challenge. Brian is based out of the Firm's Chicago and San Diego offices. His practice focuses on international law issues, with particular emphasis on labor and employment, as well as workplace privacy. For information regarding the answers to the International Legal Challenge questions, please contact Brian at brian.arbetter@bakermckenzie.com. Please Choose One of the Following Answer in Response to the Question
For information on sponsoring The International Legal Challenge Question please Click Here
Privacy: Laws Play Catch-up with Online World Companies
suffering from a breach of sensitive data or mishandling customer
information are becoming commonplace and because of this, online
privacy is a central issue for businesses in every industry. Policymakers
around the globe have begun introducing new privacy laws and have
become stricter about those already on the books. The rules differ
widely from country to country, with varying degrees of enforcement,
making it difficult for businesses to organize compliance, especially
those operating in multinational markets. To read more, click here
Asia-Pacific Economic Cooperation Leaders Endorse Cross-Border Privacy Rules On November 13, 2011, Asia-Pacific Economic Cooperation ("APEC") leaders endorsed the APEC Cross-Border Privacy Rules ("CBPRs") system at an APEC meeting in Honolulu, Hawaii. The Leaders' Statement also endorsed interoperability between national and regional privacy and data protection regimes to facilitate moving data around the globe while protecting privacy. "Implementing the APEC Privacy Framework through Cross Border Privacy Rules enables greater information flows that support innovation and promote interoperability across global data privacy regimes, while enhancing data privacy practices; facilitating regulatory cooperation; and enabling greater accountability through the use of common principles, coordinated legal approaches, and accountability agents." To read more click here
Drugs And Alcohol At Work - Developing An Effective Policy An employee who is affected by drugs or alcohol in the workplace presents a risk to themselves, other employees, customers and your business. Costs to the business can include increased sick leave, damage to property, injury and reputational damage. But what can you do about it? An employer's Occupational Health and Safety obligations are generally viewed as paramount when compared to an individual employee's privacy concerns, at least where the employee is working in what is called 'safety sensitive' work (for example, using heavy machinery, working at heights or with flammable materials, driving or flying). Where disputes have arisen in Australia in the past over whether the employer should be able to undertake such testing on employees, industrial tribunals have upheld the employer's right to do so where 'safety sensitive' work is involved. An employer's drug and alcohol policy has to be developed to meet the needs of its particular workplace and the type of work involved - there is no 'one size fits all'.The drug and alcohol policy should also be openly communicated to employees. All employees should be given a copy of the policy and asked to sign an acknowledgment that they have read, understood and accepted the policy. It is equally important that the policy is actually followed on every occasion. To read more click here
Changes to PIPEDA Bill C-12, Safeguarding Canadians' Personal Information Act, re-introduces substantive amendments and if passed, will clarify a business' responsibility under the Personal Information Protection and Electronic Documents Act (PIPEDA). This Bill addresses concerns raised by the government's first Parliamentary review of PIPEDA and intends to: protect and empower consumers; clarify and streamline rules for business organizations; improve investigation and enforcement of the privacy law; and improve the language of legislation and technical drafting corrections. Significant amendments include: a definition of valid consent;a mandatory reporting provision; and a disclosure exception. In addition, personal information can be collected, used or disclosed, without the consent or knowledge of the individual if it is produced in the course of their employment; required to manage, establish or terminate employment relationships; or is related to business transactions. To read more,
click
here Commissioner Wants Extra Cash To Handle Privacy Revamp Elizabeth Denham told a committee of MLAs she needs more money next year because of sweeping reforms to the Privacy Act, which pave the way for Internet-based government services, new high-tech CareCards and widespread sharing of personal citizen data between ministries.. "I think $490,000 to fund a new team that will handle the work is the minimum amount required to undertake this new mandate," she said. Her office budget this year is almost $5 million. "The reality is that these types of massive data-linking initiatives, if not done with proper regard for protection of privacy or robust independent oversight, is a privacy disaster in the making," Denham told MLAs. She added that B.C. is pushing into territory that no other provinces have covered. "Without new resources, we will not be able to deliver on those new responsibilities," she said. To read more click here
New Chinese Legislation Includes Provisions Protecting Personal Information To read more, click here Source: http://www.privacylaws.com
European Commission Wants All Non-European Business to Adhere to Data Protection Directive The European Commission (EC) wants all companies that store data on European citizens, whether based in the EU or not, to be subject to an updated version of the Data Protection Directive due to be unveiled in January. EU justice commissioner Viviane Reding and EC vice president Ilse Aigner stated, "We both believe that companies who direct their services to European consumers should be subject to EU data protection laws. Otherwise, they should not be able to do business in our internal market." In addition, they expressed their desire for consumers to have more rights to protect their data, such as being able to provide explicit consent before any data is used by businesses and having the right to delete their data at any point. To read more, click here
Regulators Disagree About Approach To Online-Privacy Rules Data and
privacy regulators from governments around the world met in Mexico
City last week for the 33rd International Conference of Data Protection
and Privacy Commissioners to discuss online privacy issues. The
topic of debate centered on big databases and how their benefits
can be tapped into without the costs of discrimination and invasion
of privacy and whether or not all of this big data is being used
to observe general patterns of online behavior, or being used
to target and identify specific individuals. Many commissioners,
especially those from Europe and Latin America, believe their
countries must enact very tough privacy laws that tightly restrict
what can be collected, how long it can be held and what can be
done with it. Yet others advocate a more flexible approach of
requiring consumers to consent to "cookies" being place on their
computers by Web sites. While everyone does not necessarily deem
cookies as bad, it is widely agreed upon that people should know
if they are being tracked, and also have the ability to turn the
tracking off.
Testing A Worker's Sobriety Amendments to the Act on Sober Upbringing and Counteracting Alcoholism went into force on 1 July 2011. Some of the changes concern entities authorized to initiate and conduct testing of the sobriety of an employee who is not permitted to work because of a justified suspicion that he showed up for work intoxicated or consumed alcohol during working time. Previously , in such circumstances, only the employee could demand a test of his own sobriety, and the regulations did not identify the entities that could conduct such testing. Now the director of the workplace or another person appointed by the director may also demand a sobriety test of an employee. This change thus enables the employer to conduct a sobriety test without the consent of the employee, which was not possible under prior law. To read more click here
( Click Here to View full list of 2011 International Events ) - Updated Monthly
Visit the Job Board for the Employment and Tenant Screening Industry. Here you will find resumes of people with industry experience and employers seeking applicants with experience in Employment and Tenant Screening and related businesses. www.backgroundscreeningjobs.com
2011 Events ( Click Here to View full list of 2011 Events ) - Updated Monthly SHRM State Conferences, visit http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx Drug
and Alcohol Testing Industry Association (DATIA), 2011 Training
Course Schedule, visit SAPAA Training Institute Learning Events, http://www.sapaa.com/ CUPA-HR Conferences: http://www.cupahr.org/conferences/regconf.asp World Federation of People Management Associations, Events, http://www.wfpma.com/events
|
|
|
Montserrat
Miller is a Partner with the law firm Arnall Golden Gregory, LLP
and is based in Washington, DC. Ms. Miller's practice focuses
on privacy and immigration compliance, as well as representation
before Congress and federal regulatory agencies such as the Federal
Trade Commission, Equal Employment Opportunity Commission, Consumer
Financial Protection Bureau and the Department of Homeland Security.
Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers. |
