BACKGROUND
SCREENING NEWS |
A
Tribute to Merchants Information Solutions for Achieving 100
Years in Business
Merchants
Information Solutions, Inc., a Phoenix-based company that provides
services such as employment, tenant-background screening and
protection against identification theft turned 100 on Wednesday,
February 14, 2012. The company started the day after Arizona
became a state in 1912 as the Merchants & Manufacturers'
Association and has gone through several changes in names and
focus.
Merchants
created the ID Theft Advisory Board with Avnet, Inc., Go Daddy,
the FBI and other organizations in 2010. Last year, it was among
the first companies to receive accreditation through the NAPBS.
To read
more click
here
Liars
Index® Rises To Another Record Level, Lyin' King For 2011
Chosen
The Liars
Index®, both for the second half of 2011 and the
Index's two-year running
average, has reached new records," said Jude Werra, President
of the executive search and selection firm Jude M. Werra &
Associates.
The Liars
Index® has been calculated semi-annually for nearly
twenty years,
Our
Latest Data:
Data
Point |
1st
Half
2008
|
2nd
Half
2008
|
1st
Half
2009
|
2nd
Half
2009
|
1st
Half
2010
|
2nd
Half
2010
|
1st
Half
2011
|
2nd
Half
2011
|
Semi-annual
Percentage
|
15.91% |
11.43% |
15.87% |
16.07% |
21.43% |
17.46% |
21.05% |
27.27% |
Prior
Two Year
Average
|
14.25% |
13.21% |
13.39% |
14.82% |
16.20% |
17.71% |
19.00% |
21.80% |
Printed
with permission of Jude M. Werra
To read
more click
here
A
Scientifically Proven Assessment Test Is The Missing Link To
Red Flag Child Sexual Abusers
Don Dymer,
CEO,SingleSource Services, a founding member of the NAPBS and
a member of Concerned CRAs believes after years of careful searching,
he has found the assessment tool that works in helping to identify
child sexual abusers. It is called the Diana Screen®. A
test that to a high scientific degree of accuracy alerts you
that this is not a person who should be placed in a position
of trust with children and youth. The test meets the goal: "To
select the best possible people for staff and volunteer positions
and to screen out individuals who have sexually abused youth
or are at risk to abuse," as set by The Centers for Disease
Control and Prevention.
Don Dymer
and SingleSource Services are taking this assessment tool to
the background screening industry and is urging them to take
it to their clients. "The goal is to make our industry peers
aware that this established, yet mainly unknown screen needs
to be part of their background screening programs in order to
weed out those who pose a sexual threat to children and seek
access to them through employment or as volunteers." Don explains
that research tells us that less than one-tenth of 1% of child
sexual offenders will have a criminal record of sexual abuse
and consequently, strictly relying on finger printing, criminal
background checks and drug testing won't give you the whole
story.to keep sexual abusers away from children.
To read
more about the Diana Screen®. click
here
In
Million-Dollar Theft Case, Church Worker with a Secret Past
An employee
of the Roman Catholic Archdiocese of New York has been arrested
and charged with embezzling over $1 million from the organization
over a seven-year period. Prosecutors say that 67-year-old Anita
Collins used her job in the accounts payable department to write
nearly 470 checks from the archdiocese for personal expenses.
Joseph Zwilling, a spokesman for the archdiocese, said Collins
was confronted about the missing money in December after an
annual audit raised red flags. When Collins was hired in 2003,
no criminal background check was conducted, which would have
revealed her past of a grand larceny conviction and a guilty
plead to a misdemeanor. In fact, unbeknownst to the archdiocese,
Collins was still on probation when she began working. Following
the discovery of the alleged theft, the Archdiocese of New York
has begun performing additional reviews of financial procedures
and oversight. Collins, who has confessed to stealing the money,
faces as much as 25 years in prison if convicted on the charge
of first-degree grand larceny.
To read more,
click here
School
Fire Private Security Firm with Convicted Felons as Guards
Penn State-Shenango
in Mercer County has fired a private security company after
discovering that some guards were convicted felons and sex offenders.
Three other local public school districts, Reynolds School District
in Mercer County, Grove City Area School System and the Moniteau
School District in Butler County will also end it's contract
with Pond Security. Kelly Sieber, Pond's executive director,
says the company is requiring new background checks of all its
employees and stricter hiring practices to make sure all employees
are legally permitted to work for them and be placed in schools.
To read more, click here
White
House Announces New Privacy Framework Including Consumer Privacy
Bill of Rights
The White
House has released its long-awaited Privacy " White Paper " that outlines
the Obama Administration's proposal for a new American privacy
framework. The more than year-long process that culminated in
today's release of the White Paper began in December 2010 when
the Department of Commerce's Internet Policy Task Force released
a "Green Paper" entitled: "
Commercial Data Privacy and Innovation in the Internet Economy:
A Dynamic Policy Framework ."
To read
more click here
Drug Test for Tenants May Not Fly
Many landlords
often wonder whether or not they can ask prospective tenants
to submit to random drug testing as a condition of tenancy.
Although the implementation of prospective tenant screening
policies and practices that include credit checks and criminal
background checks have become relatively standard with many
large property management firms, pre-tenancy screening which
includes drug testing of individual tenants is not a policy
or practice that has been implemented to any great extent among
small individual property rentals. Pre-employment drug testing
has also become accepted or even routine by some employers or
in certain job classifications, yet the concept of random drug
testing of employees is very controversial and fraught with
legal issues or challenges if not properly handled from the
time of initial employment through the actual implementation.
To read
more, click
here
Screen
Tenants Without Getting Yourself Into Trouble
When it
comes to managing a rental property, a bad tenant can be worse
than an empty property. Property damage, late payments and lease
default are just a few of the time consuming and expensive problems
that can happen with a bad tenant. Fortunately, the application
process provides a chance to weed out the good tenants from
the bad. There are several things landlords can do to help protect
themselves:Move up Move down Take the time to put together a
complete screening process; be aware of federal fair housing
laws; inform applicants of lease terms at the beginning; take
time to check references, and stick to the standards you began
with. Put it in writing, and include all of the things that
you expect from your future tenant because the screening process
relies on a comprehensive lease application. While the most
time consuming part of the screening process is checking the
references an applicant provides, it is also the most vital
part of choosing the right person for the property.
To read more, click here
CRAzoom
Announces Comprehensive Program To Assist Background Screening
Companies Achieve NAPBS Accreditation
CRAzoom,
LLC has announced the launch of a unique service that will enable
Consumer Reporting Agencies (CRAs) to more quickly and efficiently
become National Association of Professional Background Screeners
(NAPBS) Accredited. The service consists of a workbook that
details every clause and sub-clause, briefly explains the clause,
bullets exactly what a company must do to achieve compliance
with the clause and then provides a model policy, procedure,
user agreement clause, etc. The second part of the service is
a supplemental materials package that provides compliant, key
documents that firms will need to achieve and maintain compliance.
"I believe in the mission of NAPBS and especially in the accreditation
program, said Derek Hinton, founder and president of CRAzoom.
"The accreditation process will improve the background screening
industry and individual firms'-- processes, employees and legal
compliance. And in so doing it will help the industry as a whole."
To read more about CRAzoom, click
here
Innovative
Enterprises Introduces VerifIE ™
Instant Employment and Income Verification Solution
Innovative Enterprises, Inc., a strategic partner to
the background screening industry and expert provider
of court research information products, smart data solutions
and ancillary services, today introduced the official
release of VerifIE™, an employment and income
verification solution designed to instantly determine
applicants' past and present employers, including salary
information, in a secure, electronic transaction from
official state records. The first of a rapidly growing
list of available states is now available through VerifIE™.
VerifIE™ greatly reduces the time it takes employers
and property managers to screen prospective employees
and tenants by eliminating the inefficient patchwork
of chasing down information, faxing release forms, returning
missed calls and dealing with incomplete responses and
uncooperative former employers. VerifIE™ easily
overcomes many of the most common forms of resume fraud
including failure to disclose former employers and overstatement
of salary by going directly to official state records
instead of relying on applicants to self-disclose their
employment and salary histories."VerifIE™ is the
employment and income verification tool of the 21st
century," stated William J. Bollinger, Innovative's
Executive Vice President. "It's instant. It's accurate.
It integrates seamlessly into the existing applicant
signed release processes. It's a win for employers and
property managers who will find the right people faster.
It's also a win for applicants seeking jobs or apartments
who will find these decisions being made much more quickly
using VerifIE™."
VerifIE™ is not sold directly to employers and
property managers but is instead available through Innovative's
carefully-selected network of Screening Industry Partners™.
To read more click here
|
Welcome
to the U.S. Legal Challenge Question! |
Sponsored By:
As the background
screening industry continues to get more competitive the firms
that will ultimately succeed will be those that create competitive
advantage through their people by offering continuous learning
opportunities to heightened their knowledge and capabilities.
We believe that having employees that are very knowledgeable about
the legal landscape of background screening is essential to continued
success.
We are grateful
to Pam Devata, Seyfarth Shaw
LLP for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Pamela Devata at Seyfarth Shaw LLP at pdevata@seyfarth.com
or 312-460-5000 or visit www.seyfarth.com.
Please choose
your answer by clicking on it:
ANNOUNCEMENTS
- continued |
HireRight
Receives Three 2012 MarketTools ACE (Achievement in Customer Excellence)
Awards
HireRight
a leader in on-demand employment screening, today announced that
for the fifth year in a row the company is a winner of the prestigious
MarketTools ACE (Achievement in Customer Excellence) Awards. HireRight
received three ACE Awards this year for its customer feedback
programs measuring Overall Satisfaction by customers in the health
care industry, the transportation industry, and a General category
of customers from a broad range of industry segments.
"This year's
awards are particularly gratifying because we have worked diligently
to address unmet needs in key markets like health care and transportation
and our customers are rewarding us for delivering the kind of
experience they want," said Mike Petrullo, HireRight president
and CEO. "We look forward to continuing to earn their validation
by adding more value through differentiated service, solutions
and expertise."
To read more
click
here
InforMart
Celebrates Black History Month
Each year, InfoMart's employees host a special luncheon celebrating
Black History Month. While InfoMart has many events throughout
the year, our Black History Month program is one of the most celebrated.
InformMart invited its valued clients to their 7th Annual Black
History Month Celebration which was held on Friday, February 24th.
The theme for this year's program was Black History: Celebrate
Life, Love & Giving. The keynote speaker will be
JaQuitta Williams, anchor and reporter for CBS Atlanta. Previous
keynote speakers include Alisha Morgan, Georgia House Representative
(Cobb County-39th District-Austell) and Rashan Ali, former V-103
Radio Atlanta on-air personality. The event was broadcast live
via Internet Radio and U-Stream.
To view the
celebration online, click the link http://www.helixradio.com/webcam.html
. Definitely check out the young steel drum band. The music
made me want to pack for the Caribbean.
TalentWise
and Jobvite Join Forces to Deliver Integrated Employment Screening
Solutions
TalentWise
, a leading Hiring Process Management (HPM) solutions provider,
and Jobvite today
announced their partnership to integrate employment screening
into Jobvite's leading recruiting platform for the social web.The
TalentWise employee screening integration helps solve a critical
need for Jobvite customers - one streamlined solution to manage
every step of the candidate workflow. One button click in Jobvite's
platform will launch any of TalentWise's custom HPM solutions,
including background checks, employment eligibility verification
and social media screening solutions. Jobvite securely transmits
all candidate data to TalentWise, increasing efficiency and avoiding
manual transcription errors. TalentWise then posts status updates
in real time and adds direct links to access its reports within
Jobvite. The integration will enable employers to hire screened
job applicants more quickly and efficiently.
"The Jobvite
integration is an opportunity for TalentWise to partner with one
of the top innovators in recruiting today and help Jobvite's world-class
customers improve and streamline their hiring process," remarked
Todd Owens, COO of TalentWise. "Together we make it easier for
HR and recruiting professionals to maintain a more productive
workplace, and ultimately, find the best talent for their employment
needs."
To read more
click here
OCCUPATIONAL
FRAUD AND DATA PROTECTION, PRIVACY |
33%
of Corporate Fraudsters are CEOs
A recent
KPMG global survey on corporate frauds has found that executives
and directors on company boards are the biggest perpetrators of
corporate fraud. In fact, the involvement of top bosses in corporate
frauds has more than doubled since 2007 and results in 33% of
such cases. The survey, which tracked 348 fraud investigations
KPMG member firms carried out in 69 countries, revealed an average
financial loss of $1 million in every case of corporate fraud.
In 2010, the Association of Certified Fraud Examiners estimated
the total value of corporate embezzlement at $2.9 trillion. The
average corporate fraudster is male; 36 to 45 years old; works
in the finance function or in a finance-related role; holds a
senior management position; and is employed by the company for
more than 10 years. More importantly, the survey highlights how
weakening control structures make the opportunity to commit fraud
easier. It is time for companies to consider how they contribute
to fraud when failing to detect or respond to lapses or gaps in
controls, or by setting extremely steep targets.
To read more,
click
here
Status
of Euclid University
On May 23,
2011, Accredibase received a letter from Euclid University complaining
that "erroneous information" concerning Euclid had been included
in its database and that they were incorrectly listed as "unaccredited."
In response, Accredibase launched a lengthy and in-depth investigation
into Euclid's recognition status and contacted relevant government
agencies from around the world where Euclid claims to operate
from. During this time Accredibase received several more communications
from Euclid, presenting various documents and urging Accredibase
to update their status. After seven months of research, Accredibase
has decided to maintain its original listing of Euclid University
as an "unaccredited institution." Accredibase has also chosen
to make available to the public the various documents, which Euclid
University provided in their correspondences.
To read more,
click
here
FTC
Warns that Background Searches Via Mobile App May Violate the
Fair Credit Reporting Act
The Federal Trade Commission ("FTC") has sent warning
letters to three companies that market, in total, six mobile phone
applications ("Apps") that provide users with background check
reports, warning that the Apps may violate the Fair Credit Reporting
Act ("FCRA"). Under the FCRA, individuals or organizations that
use outside entities (such as the Apps) to procure certain background
information on employees or applicants in connection with their
employment (or potential employment) must comply with certain
notice, authorization, and other rules. In addition, they must
receive proper authorization from employees or applicants when
background checks are performed. As a best practice, it is crucial
to train managers regarding the FCRA and its requirements, develop
policies regarding background checking procedures, and make sure
that managers are aware of these procedures and that all such
policies comply with applicable state credit reporting laws.
To read more,
click
here
Ten
Things Massachusetts Employers Should Know About Upcoming Changes
in the CORI System
In August
2010, Massachusetts enacted a statute that set in motion two waves
of reform in the state's Criminal Offender Record Information
("CORI") system. Employers already have had at least fifteen months
to adjust to the "ban the box" reform that became effective in
November 2010. The second wave of CORI reforms is scheduled to
take effect on May 4, 2012 and employers should start preparing
for the new rules now. Highlights of the new CORI system from
an employer's standpoint include: "Criminal offender record information"
will have essentially the same meaning; A criminal record that
has been sealed will not be accessible in the typical employment
situation; A limited amount of criminal offender information in
an unsealed record will continue to be available to almost anyone
who requests it; An employer will be able to obtain more criminal
offender information than a mere member of the general public;
etc.
To read more,
click here
Senate
Committee Passes Bill to Stop Pre-employment Credit Checks
The Senate
Judiciary Committee has approved Senate Bill 3, the Employment
Opportunity Act. The Act prohibits pre-employment credit checks
that some companies use to screen candidates. Employers can only
usecredit report information if it is directly related to the
position for which a candidate is applying, such as a money or
asset management role. Employers found in violation of this law
would be subject to civil penalty. The bill will now be considered
by the full Senate.
"Credit scores
were never intended to be used in hiring practices," said bill
sponsor, Sen. Morgan Carroll D-Aurora. "Tying credit scores with
employment opportunity creates a vicious circle that unfairly
punishes struggling Coloradans. We should be doing everything
in our power to get citizens back to work, and this legislation
ensures that we are removing unnecessary punitive barriers and
helping citizens get back on their feet."
To read more,
click here
We're Wary But Hopeful As 2012 Gets Underway
It appears
things are looking up for 2012. Consumer confidence is at its
highest level in months, the U.S. economy has been adding jobs
now for more than a year, the stock market is up decisively reflecting
strong growth in manufacturing and increased construction spending,
and employers are looking to add more staff this year. A survey
by CareerBuilder found that one in four employers plans to add
permanent staff this year. Manpower's quarterly employment survey
found that 14 percent of employers intend to add jobs in the first
three months of the year. Consumer attitudes are increasingly
more hopeful as reflected in the 25-point climb in the Consumer
Confidence Index. In addition, Challenger, Gray & Christmas
revealed that 30 percent of the callers to its annual free, phone-in
job help line were optimistic they would land a job within three
months compared to only 18 percent the previous year.
CareerBuilder's
CEO Matt Ferguson predicts a somewhat brighter employment picture
for 2012 than the numbers, or the job seeker survey, might imply.
"Historically, our surveys have shown that employers are more
conservative in their predictions than actual hiring," he says.
"Barring any major economic upsets, we expect 2012 to bring a
better hiring picture than 2011, especially in the second half
of the year."
To read more,
click
here
Steady Employment Growth Expected in 2012: Survey
For the third year in a row, an increased number of
employers plan to add full-time, permanent employees with a continued
emphasis on hiring in technology and revenue-producing fields,
according to a survey by CareerBuilder. Information Technology
(IT) is the top functional area employers are recruiting for in
2012, with 37 percent of the 292 HR professionals surveyed planning
to add IT positions. Following behind IT, are the areas of administrative,
engineering, accounting and finance, HR, production, customer
service, business development, sales, and marketing. The survey
also revealed 34 percent of employers plan to hire full-time,
permanent employees in 2012, compared with 29 percent for 2010,
while 18 percent of employers expect to hire part-time employees.
More employers will also be relying on contract or temporary workers
to supplement leaner staffs this year (66 percent).
"Even as
the global economy continues to struggle, Canada is expected to
add jobs at a steady pace in 2012," said Brent Rasmussen, president
of CareerBuilder North America. "Our survey data and increases
in job postings on CareerBuilder.ca indicate that companies will
hire in functional areas that support the efficiency of their
business."
To read more,
click here
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Public
Record Update
Sponsored by:
Public
Record Update
Seattle
Health System Finds Early Success with Program to Prevent Opioid
Misuse
A Seattle-based health care system that implemented a program
last year to prevent opioid misuse and overdose in patients with
chronic noncancer pain is beginning to see positive results.Claire
E. Trescott, MD, Primary Care Director of Group Health, says the
initiative aims to standardize opioid prescribing and make it
safer. All patients on chronic opioid therapy for noncancer pain
now have a standard chart template that includes treatment goals,
medication regimens, frequency of monitoring visits and requirements
for drug screening, if applicable. In addition, the program instated
the use of electronic health records, a new pharmacy refill plan,
and mandatory drug screening. When the initiative launched, almost
6,000 patients on long-term opioid therapy met with their clinicians
to develop care plans. As of January, almost all of the system's
7,000 patients in this category have care plans.
"Now, if
someone needs a refill, we aren't treating them like a criminal
anymore," Trescott said. "And if someone is abusing substances,
we catch it quickly and address it. The system has been fair,
respectful, honest and transparent."
To read more, click here
Defense
Department Expands Drugs Testing Program
The Defense
Department announced this week it is expanding its drug testing
program to include hydrocodone and benzodiazepines. The program
already tests for codeine and morphine. The new screenings were
announced 90 days before they would take effect, giving service
members who are addicted to prescription drugs time to seek medical
help.
Hydrocodone
and benzodiazepines are being added to the list of testable substances
because they are among the most abused prescription drugs on the
market, according to Joe Angello, the Defense Department's Director
of Operational Readiness and Safety. "You're not at your peak
mental acuity when you're using drugs," he said in a news release.
"The military has some of the finest men and women this nation
has to offer; we cannot have people in the business of arms with
drug impairments."
To read more
click here
Workplace
Homicides Still a Threat
On a Friday
morning in January, a man walked into the McBride Lumber Co. warehouse
in Star, N.C., and, armed with a 12-gauge shotgun, began firing
away, killing three people and seriously wounding another before
fleeing the scene and then shooting himself. The local sheriff's
department says the shooter was an employee at the lumber warehouse
and had -- prior to the shooting -- written a six-page letter
in which he expressed rage at his Hispanic co-workers, whom he
felt were making fun of him.
It was one
more episode in what has seemed like an endless cycle of workplace
shootings over the years. And yet, according to Violence in
the Workplace, a recent analysis of Bureau of Labor Statistics
data by the National Council on Compensation
Insurance , work-related homicides and injuries
due to workplace assaults are down dramatically from their levels
in the mid-1990s.
Homicides
still account for 11 percent of workplace fatalities, according
to the NCCI, with men accounting for a disproportionate share
of the victims: 85 percent of workplace homicide victims in 2009
were men, even though they account for just 53 percent of the
employed population. "The people most likely to be victims of
workplace homicides are those who are out in front, working late
hours, dealing directly with the public" says Plansky, who previously
served as deputy criminal justice coordinator for the mayor of
New York and an assistant district attorney with the Manhattan
DA's office.
To read more
click
here
One
Site! Many Suppliers! |
Looking
for the Top Suppliers in the Industry? Need to find a new Supplier?
Visit our VENDOR
SHOWCASE which features suppliers to the Background
Screening Industry.
Winter
2012 Directory of Suppliers to the Background Screening Guide
Coming Soon!
Click here to find out how to get your firm included.
12
Steps to Immigration Compliance in 2012
There are 12 steps all employers should take in 2012 to comply
with the multitude of immigration laws and to avoid monetary and
criminal penalties. These steps include: conduct an annual I-9
audit; incorporate immigration policies in handbooks; audit H-1B
public access files; properly withdraw H-1Bs; implement hiring
practices that avoid discrimination claims; and abide by E-verify.
Someone other than the person responsible for completing I-9s
should conduct the I-9 audit to avoid repeating the same errors.
The remaining steps include: do not ignore SSN No Match letters;
implement export control practices; avoid taking a hands-off approach;
avoid passing immigration fees onto employees; utilize contract
employees properly; and budget time and expenditures for immigration.
To read more, click here
Warning:
ICE Build-Up a Worry for Employers Navigating I-9 Compliance
The Obama Administration is launching another round
of worksite investigations-this time, returning to employers that
have already been the subject of I-9 inspections during the last
three years. Approximately 500 employers are being re-visited
by Special Agents to confirm that noncompliant activity identified
during prior reviews has been remedied, according to U.S. Immigration
and Customs Enforcement. Maintaining that its strategy has elevated
employers' awareness of their responsibilities, ICE is continuing
a robust plan to audit thousands of businesses nationwide. In
an effort to combat the increasing instances of identity theft,
record checks will also be conducted on the identities of all
current employees to determine if there are unauthorized workers
in the workforce.
To read more, click
here
Huānyíng
(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
Looking
for Trouble
One of the
issues in policy making these days is whether employers can or
should reference-check candidates by accessing their social media
profiles - commonly LinkedIn, Facebook and Twitter. Most of the
debate focuses on the legal issues, yet the fundamentals of why
we conduct references and whether using social media in a hiring
decision is a good idea in the first place, have been left untouched.
At its basic level, conducting a reference is done to see that
the CV and interview stories check out and to get evidence of
competencies from previous employers. It is true that checking
out someone's LinkedIn profile would possibly highlight discrepancies,
but a devious candidate probably would have falsified both their
application CV and LinkedIn profile equally. Some are questioning
why we would go out of our way to look for extraneous hints from
their personal life, when it is the business context we should
spend time exploring. The point is that a good reference is not
an FBI check to discover embarrassing secrets. It may be time
for us to accept that people at work are not necessarily
the same as they are at home or on the sports field for that matter,
and that this is OK.
To read more,
click
here
How to Implement a Cross-Border Human Resources Policy
In this era of internationally aligned business operations,
multinational headquarters launch many different types of cross-border
human resources policies.While drafting a cross-border human resources
policy may be a challenge, legally implementing a global policy
across multiple jurisdictions is an even bigger undertaking. Six
legal issues should be considered when implementing a headquarters-driven
HR policy locally. These issues include: repealing or aligning
existing policies and work rules; creating one global policy,
a "rest-of-the-world" version, or a local version; dual employers
or cross-border policies on foreign affiliate entities only, consultation
with a company's own foreign management-side labor liaisons that
discusses strategy and timing; foreign translation requirements;
acknowledgement from all employees showing they have read the
policy and are willing to comply or personal distribution of a
new-cross border policies by HR staff.
To read more, click
here
Lax Data Privacy
Laws Hurt Australia
Australia may be setting a bad example and limiting its options
when it comes to providing offshore services due to a lack of strong
data protection laws, according to the Council of Europe head of
data protection and cybercrime division, Alexander Seger. Seger
said that Australia should examine whether it would be appropriate
to join Convention 108 — an international agreement for the
protection of individuals' privacy when dealing with automatically
processed data. The absence of strong data privacy laws would result
in a country missing out on being able to provide offshore services
to European citizens. On the matter of cyber security and the requirement
for internet service providers to preserve data for 180 days under
the Cybercrime Legislation Amendment Bill 2011, Seger noted the
problem was even more complex due to different countries specifying
different retention periods. He said that the conditions specified
by legislation in each country needed to be clearer and, ideally,
harmonized to provide greater clarity.
To read more,
click
here
Recruitment
of International Graduates on the Rise
The annual
Graduate Outlook Survey by Graduate Careers Australia
(GCA) showed a marked increase in the proportion of employers
recruiting international graduates, especially in the communication,
technology and utilities sector. Executive director of GCA, Dr
Noel Edge, said there appeared to be more employment opportunities
for international graduates than seen in recent years and many
graduate employers continued to rate employment history as a key
element of an applicant's curriculum vitae. In fact, a survey
by the International College of Management Sydney (ICMS) demonstrated
that employers are right to place emphasis on employment history,
as out of more than 500 students, some 76% were not confident
in their understanding of current workplace environments.
To read more, click
here
Will
Shortage of Talent Derail the Brazilian Economy?
Brazil is
on track for yet another year of above-average GDP performance.
Driven by a number of factors -- including Chinese demand for
raw materials, a fast-growing and highly acquisitive middle class,
large inflows of foreign investment,and the ongoing development
of its vast pre-salt oil deposits-- the country is experiencing
a multiyear growth spurt unlike any in its recent past. However,
economic growth brings a host of new challenges such as a shortage
of qualified labor. In fact, Brazil recently placed third in a
global ranking of countries coping with labor shortages and 57%
of employers said they are unable to find skilled workers they
need to operate their businesses. At its most basic level, Brazil's
shortage of qualified labor is little more than a supply-demand
imbalance and Brazil's historical underinvestment in education
is the primary culprit.Most experts agree the solution to Brazil's
labor shortage is a long-term one that involves broadening access
to education, building more schools and improving the quality
of existing educational institutions.
To read more,
click
here
Canadian
CEOs Optimistic, Predicting Growth in 2012: Survey
Although nearly one-half of Canadian CEOs believe the
global economy will decline even further in the next 12 months,
they are optimistic about growth for 2012, according to a survey
by PwC. Canadian CEOs believe their organizations have been less
affected by global turmoil than leaders in other countries."Compared
to other leaders, Canadian CEOs found their companies to be less
affected financially by major 2011 crises events," said Gino Scapillati,
PwC's national managing partner. The survey also found that 56
percent of Canadian CEOs increased their headcount over the past
12 months and more than half expect to do so in the next 12 months.
Despite the optimism, 66 percent still had some concern about
uncertain or volatile economic growth and plan to make changes
to their strategies this year.
To read more,
click here
Workplace
Fraud 'Like an Atomic Bomb'
Workplace fraud is costing Canada's small and medium enterprises
(SMEs) at least $3.2 billion a year and the problem appears to
be growing. Roughly 290,000 SMEs were victims of one or more instances
of work-place fraud in the past year, says a Certified General
Accountants Association of Canada (CGA-Canada) study. In addition
to financial loss, workplace fraud also damages staff morale and
management confidence. "It can be like an atomic bomb going off
inside of a business," Greg Draper, national leader of investigative
forensic ser-vices with MNP LLP says. "There's shock, frenzy and
you don't want to believe it happened." Companies should invest
in pre-employment background checks, monitor internal controls
and systems, enforce a zero-tolerance policy, and tailor prevention
and detection measures to the needs of the organization.
To read more, click
here
Chinese
Ministry of Industry and Information Technology Issues New Data
Protection Regulations
The Ministry
of Industry and Information Technology of the People's Republic
of China (the "MIIT") recently issued a regulation entitled, "Several
Provisions on Regulating Market Orders of Internet Information
Services" (the "New Regulations"). The New Regulations, which
will take effect on March 15, 2012, include significant new data
protection requirements applicable to Internet information service
providers ("IISPs"). Consistent with data protection regimes currently
in place elsewhere in the world, IISPs will be required to provide
much stronger protection for the personal data they collect from
users in China, and will be subject to notice and consent requirements,
collection limitations and use limitations. The New Regulations
also impose custody, remedy and breach notification obligations.
To read more,
click here
EU
Terrorist Watch List
The Council
has concluded that the persons, groups and entities listed in
the Annex to this Regulation have been involved in terrorist acts
within the meaning of Article 1(2) and (3) of Council Common Position
2001/931/CFSP of 27 December 2001 on the application of specific
measures to combat terrorism ( 4 ), that a decision has been taken
with respect to them by a competent authority within the meaning
of Article 1(4) of that Common Position, and that they should
continue to be subject to the specific restrictive measures provided
for in Regulation (EC) No 2580/2001.
To see the
Terrorist Watch List click here
Data
Protection and Employment
Under Section
4 of the Data Protection Acts 1988 and 2003 (the 'Acts') an employee
is entitled, subject to a number of explicit exemptions, to receive
a copy of his or her personal data as held by their employer.It
is useful for employers, when approaching subject access requests,
to adopt a clear structured process that includes: reviewing the
request; collating all relevant personal data;assessing that personal
data in light of statutory exemptions; andresponding to the request.
An employer must respond to a subject access request within 40
days of receipt.
The employer's responseshould include three files: two files containing
all information which will be provided to the employee along with
a third file setting out all personal data relating to that employee,
including personal data which has been withheld. Also include
a letter which informs the employee of their right to complain
to the DPC and which also informs the employee of the categories
of personal data being processed by the employers, the purposes
for such processing and the identities or categories of any recipients
to whom the data may be disclosed.
To read more,
click
here
NandanNilekani
on UID Controversy
Unique Identification Authority of India (UIDAI) Chairman NandanNilekani
discusses concerns surrounding India's unique ID program. UIDAI
will assign each citizen a unique identifying number, the world's
first online ID system that can be verified anywhere. But legal
experts and advocates have said the plan doesn't provide enough
privacy safeguards. Nilekani says that privacy is "something you
trade for convenience" and that once people understand the plan's
convenience, "they will understand what they are giving up is
very trivial." Although biometrics are collected (name, age, date
of birth and sex), the data is anonymized, not shared with private
companies and no one has access to it. In the future, Nilekani
sees each Indian citizen having three "empowering" numbers: Aadhaar
number -the number with which you can confirm who you are to anybody;
mobile number, and bank account number.
To read
more, click
here
Privacy Concerns Grow in India
The Indian
government's recent announcement that it taps nearly 300 new phones
every day has sparked a debate about privacy. This growing desire
for privacy stems from changing family structures and lifestyles
among the urban middle class, a mass media explosion and the Internet,
and the government's biometric identification program, just as
the government has begun tapping more phones and using surveillance
cameras in more public places. In fact, Mumbai officials recently
announced they plan to add 6,000 new cameras to the existing 400.India's
constitution does not guarantee a right to privacy, nor does the
country have a data
protection law to guard against the misuse of personal information.
However, the government has proposed a wide-ranging privacy law,
and a coalition of organizations and activists, including the
newly formed advocacy group Privacy India, is trying to help shape
it.
To read more,
click here
Proposal
to Have Privacy Officer to Implement Data Protection Law
New Zealand's
Assistant Privacy Commissioner Katrine Evans has suggested that
Malaysia have privacy officers to implement the data protection
law. A privacy officer is the person in an agency who can understand
its business and, at the same time, help the agency get it right
in handling personal information."I don't know whether Malaysia
has the requirement for every agency to have a privacy officer
but, if it doesn't, you should have one," she said when delivering
her talk on 'First Steps for a Data Protection Commissioner: Some
Suggestions from New Zealand' at the inaugural seminar on personal
data protection. The seminar was opened by Information, Communications
and Culture Minister Datuk Seri DrRaisYatim, who announced the
setting up of the Personal Data Protection Department under the
ministry.
To read more, click here
Proposal
to Have Privacy Officer to Implement Data Protection Law
New Zealand's
Assistant Privacy Commissioner Katrine Evans has suggested that
Malaysia have privacy officers to implement the data protection
law. A privacy officer is the person in an agency who can understand
its business and, at the same time, help the agency get it right
in handling personal information."I don't know whether Malaysia
has the requirement for every agency to have a privacy officer
but, if it doesn't, you should have one," she said when delivering
her talk on 'First Steps for a Data Protection Commissioner: Some
Suggestions from New Zealand' at the inaugural seminar on personal
data protection. The seminar was opened by Information, Communications
and Culture Minister Datuk Seri DrRaisYatim, who announced the
setting up of the Personal Data Protection Department under the
ministry.
To read more, click here
Unemployment
Dropped to a 14-year Low in 2011
The unemployment
rate in Singapore has dropped to a 14-year low despite substantial
layoffs in the last quarter, according to the latest report by
the Ministry of Manpower. In 2011, the unemployment rate averaged
two percent overall, which was the lowest recorded in 14 years,
after declining from 2.2% in 2010.Likewise, employment growth
remained strong in 2011, as total employment grew by 36,300 in
the last quarter. The majority of employment gains continued to
come from services, which added 95,100 workers in 2011.Despite
the strong employment gains, layoffs increased substantially in
the last quarter, doubling the preceding quarter.
To read more,
click here
Man
Evaded Police for Six Years
A man on
the run for six years for a dangerous driving offence was caught
through a criminal record check conducted by his prospective job.
In 2004, CharndeepDayal admitted to dangerous driving, driving
without a licenseor insurance, and avoiding penalty by giving
the police false identity details and failing to answer his bail.
Dayal failed to stop for the police after running a red light
at a pedestrian crossing and eventually collided with a park car.
He then gave officers his brother's name, date of birth and address
in Essex and was released on bail.He failed to attend at court
and when police questioned his brother, they realized he was not
the culprit.Dayalwas given a 48-week jail sentence, banned from
driving for three years, will have to do 250 hours of unpaid work,
was placed on a three-month curfew, and ordered to pay £1,000
in costs.
To read more,
click here
Guide
to Freedom of Information Published
The Information
Commissioner has published a new plain English Guide to Freedom
of Information to help public authorities better understand what
the Act says and how to apply it. The guide takes a straightforward
look at the law and explains in simple terms what organizations
need to do to comply, including how to respond to requests and
deciding what information they should routinely publish.
"The new Guide to FOI is about demystifying the Act by making
the legislation more user-friendly and intelligible," said Information
Commissioner, Christopher Graham. "We've done away with legalistic
terms in favor of plain and simple language and, for the first
time, all of the basic information and advice now lives in one
place."
To read more,
click here
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UPCOMING CONFERENCES, COURSES & EVENTS |
2012
Events (
Click Here to View full list of 2012 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
http://datia.org
SAPAA
Training Institute Learning Events, http://www.sapaa.com/
CUPA-HR
Conferences: http://www.cupahr.org/
World
Federation of People Management Associations, Events,
http://www.wfpma.com/events/by-region#quicktabs-tab-view__events__page_3-4
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