| BACKGROUND
SCREENING NEWS |
More
Than Half of Companies in the Top Ten World Economies Have Been
Affected By a Bad Hire
A new
study from CareerBuilder shows that hiring the wrong person
can have serious implications for companies. More than half
of employers in each of the ten largest world economies said
that a bad hire (someone who turned out not to be a good fit
for the job or did not perform it well) has negatively impacted
their business, pointing to a significant loss in revenue or
productivity or challenges with employee morale and client relations.
For example,
among those reporting having had a bad hire, 27 percent of U.S.
employers reported a single bad hire cost more than $50,000.
In the Eurozone, bad hires were most expensive in Germany, with
29 percent reporting costs of 50,000 euros ($65,231) or more.
In the U.K., 27 percent of companies say bad hire costs more
than 50,000 British pounds. Three in ten Indian employers (29
percent) reported the average bad hire cost more than 2 million
Indian rupees ($37,150), and nearly half of surveyed employers
in China (48 percent) reported costs exceeding 300,000 CNY ($48,734).
The global
survey, conducted online by Harris Interactive©
from November 1 to November 30, 2012, included more than 6,000
hiring managers and human resource professionals in countries
with the largest gross domestic product.
Read
more
Best
Practice Standards: The Proper Use of Criminal Records in Hiring
Hiring new employees is a critically important function in any
business, government agency, or non-profit organization. Every
hiring decision represents a major investment that employers
must make with limited information. Checking criminal history
is just a small part of this process, which may also include
verifying education, prior employment and other reference information.
The Best Practice Standards will help employers properly weigh
adverse personal history to find those applicants who will contribute
most to the productivity of the organization.
Download a copy
The
Long Shadow of Bad Credit in a Job Search
Nearly
half (47%) of employers use credit checks when making a hiring
decision, according to a 2012 survey by the Society for Human
Resource Management. Most businesses use credit checks only
to screen for certain positions, but one in eight, the survey
found, does a credit check before every hire. Chi Chi Wu, a
staff lawyer at the National Consumer Law Center in Boston,
believes that using credit checks in the hiring process is a
Catch-22 that can be a kind of backdoor job discrimination.
"Someone loses their job, so they can't pay their bills - and
now they can't get a job because they couldn't pay their bills
because they lost a job?" said Wu. Experian, one of the big
three credit reporting bureaus, states in its marketing materials,
"Credit information provides insight into an applicant's integrity
and responsibility toward his or her financial obligations."
But to Wu and others, a credit report says more about a person's
economic circumstances than his or her moral character. So far,
nine states have adopted legislation that curbs the use of credit
reports to judge prospective hires.
Read more
Data
Brokers Urged to Review Privacy Practices After FTC Warnings
The Federal
Trade Commission (FTC) sent letters to ten data broker companies
warning that their practices could violate privacy rules set
out under the Fair Credit Reporting Act (FCRA). Following an
undercover test-shopping operation led in collaboration with
the Global Privacy Enforcement Network (GPEN), the FTC indicated
that the data brokers concerned were willing to sell consumer
information contrary to FCRA requirements. "If you're in a similar
line of work and didn't get a letter, it's still a good time
for a compliance check-up," said Lesley Fair, Senior Attorney
at the FTC. "One place to start: the FTC's credit reporting
page." The warning letters are part of an ongoing international
effort spearheaded by GPEN. These warning letters are similar
to those recently sent by the FTC to six websites that share
information about consumers' rental histories. Though the FTC
enforces several laws and rules imposing data security, it has
limited power to regulate data brokers. Following failed industry
efforts to self-regulate, the FTC has increased its enforcement
efforts concerning consumer privacy through the FCRA.
Read
more
Feds Propose Stronger Child Care Standards
A proposed
rule from the Department of Health and Human Services would
strengthen standards for the 1.6 million children who are served
by providers that get money from the Child Care and Development
Fund, a federal program to aid low-income children under the
age of 13. The administration claims that current regulations
resemble a patchwork of regulations for childcare centers, with
state laws varying on whether providers need background checks
or first aid and CPR training. One in 10 children who are served
by the program are cared for in totally unregulated facilities,
the department asserts in the proposal, which "can leave children
in unsafe conditions, even as their care is being funded with
public dollars." The department's proposal would require that
providers receive background checks, are monitored on-site and
complete health and safety training. It also mandates that states
set up websites to tell parents about different child care providers,
their licenses and possible past violations, which would cost
state agencies about $2 million.
Read
more
Retailers
Use Employee-theft Databases to Combat Shrink
To counteract big losses from employee theft, some loss prevention
experts in the retail industry are turning to mammoth databases
to track employees accused of stealing retail merchandise. While
information and background check companies are the custodians
of the information, it is retailers themselves who amass the
data and submit it to such companies when an employee or consumer
commits retail theft. In 2011, employee theft drained an estimated
$15 billion from the retail sector and comprised about 45% of
total retail "shrink," according to Rich Mellor, vice president
of loss prevention at the National Retail Federation. These
figures have compelled some retailers to use the databases to
weed out potentially problematic employees from the industry.
Currently, an estimated 10,000 retailers (only 20-30% of all
retailers) use employee-theft databases to verify if a prospective
employee has been terminated or prosecuted for a previous instance
of retail theft. While governed by the rules and regulations
of the FCRA, the databases, despite having compliance guidelines,
have not been immune to criticism, or in some cases, legal action.
For retailers, legal risk is non-existent as long as they comply
with these guidelines.
Read more
| BACKGROUND
SCREENING NEWS - continued |
Office
of Inspector General (OIG) Issues Special Advisory Bulletin
Regarding Exclusions and Sanctions on Individuals and Entities
The US
Department of Health and Human Services (DHHS), Office of Inspector
General (OIG) released a
"Special Advisory Bulletin on the Effect of Exclusion from
Participation in Federal Health Care Programs" on
May 8, 2013-the first in over ten years. The OIG originally
published a Special Advisory Bulletin in September 1999. The
updated 2013 bulletin expands the OIG's exclusion authority.
Key Considerations from the 2013 OIG Exclusion Screening Advisory
Bulletin
·
Providers should check the OIG List of Excluded Individuals
and Entities (LEIE) upon hire and periodically for employees
and contractors. It also notes that the OIG updates the LEIE
exclusion list monthly.
·
The prohibition for payment applies to administrators such as
executives, human resources, information technology, accounting,
general counsel and office managers who are on the OIG exclusion
list.
·
A hospital contracting with a staffing agency is required to
ensure that the staffing agency has conducted OIG LEIE exclusion
list searches on such staff.
Read more
Governor
Signs Four Hobbs' Bills into Law, Including Part 2 of Fair Tenant
Screening Act
Four bills
sponsored by Sen. Steve Hobbs were signed into law headlined
by Senate Bill 5568, which will help victims of domestic violence
have fair and equal access to housing. SB 5568, the Fair Tenant
Screening Act Part 2, expands the original act to include protections
for victims of domestic violence. Currently, tenant screening
reports are allowed to contain information about domestic violence
protection orders and eviction lawsuits. The bill will remove
that information from those reports.
"My hope
is that this bill will help the transition away from domestic
violence just a little less difficult," Hobbs said. "Victims
of domestic violence have been through more than many of us
can imagine already. There's no reason to relive that horror
while looking for a home."
Read more
Do's and Don'ts When Using Internet to Screen Tenants
In the
midst of legal uncertainties, many landlords are wondering how
they can safely use the Internet to vet prospective tenants.
The problem with social media screening, however, is that you're
apt to come upon information that is not only not true, but
if true, should have no bearing on your decision as to whether
to rent to this person. Making rental decisions based on the
race, religion, ethnicity, etc. of the applicant (or the applicant's
associates) would be a violation of the federal fair housing
laws. Therefore, the critical thing is to separate the social
media searcher from the person who makes the decisions, so that
any irrelevant information discovered in the course of the search
never gets to the person making the hiring or renting solution.
One way to do this is to hire a third party, a screening firm,
who will pass on to you only the information that you can legally
rely on when screening applicants. When you do that, the firm
complies with the disclosure and reporting requirements of the
FCRA. Another tack is to have someone on your staff do the screening
and report to you, keeping back irrelevant information. It's
essential that you train this person on the legalities of screening
and fair housing laws.
Read more
New
Indiana Law Restricts Use of Criminal Records
Effective
July 1, 2013, Indiana will permit the expungement of certain
criminal records and prohibit employer discrimination based
on the expungement of any current or prospective employee's
conviction or arrest record. The new law allows people who have
committed crimes in the past to receive a clean slate. Persons
who have been charged with or convicted of a misdemeanor in
Indiana may petition the court for expungement of those records
after five years following the conviction, and the court must
expunge the crime so long as: the petitioner has no charges
pending against him/her, has not been convicted of a crime during
the five-year period since the conviction, does not have a driver's
license suspension existing or pending, and has successfully
completed all parts of the criminal sentence. The same law provides
that persons convicted of Class D felonies may follow the same
procedure for expungement of those felonies after eight years
following the conviction. The law does not provide for expungement
of certain violent and sexual crimes. Indiana employers should
review their application and interview procedures to ensure
compliance with the new legislation.
Read more
Proposed New York City Bill Would Ban Credit Checks
from Hiring Process
The New
York City Council's Committee on Civil Rights recently debated
a proposed bill that would ban employers from using credit checks
to evaluate prospective employees. The bill, called the Stop
Credit Discrimination in Employment Act (the SCDEA), would create
a blanket ban on using credit information for hiring purposes,
with a narrow exception only where employers are required to
use such information by state or federal law. Proponents of
the SCDEA believe it will curb employers' discriminatory use
of credit information, which they contend prevents potentially
qualified individuals from being hired. Those who oppose the
bill caution that it will impair employers' ability to insure
the integrity of certain positions, such as those in finance
and insurance. The proposed bill must still be passed by the
Committee on Civil Rights and then approved by the heavily Democratic
City Council. If passed, employers who currently rely on credit
information may be forced to alter hiring practices and seek
alternative methods for ensuring the hiring of qualified employees.
Read more
| 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 Nicole A. ("Nici") Kersey, the Managing Director of Kersey
Immigration Compliance, LLC sharing her expertise with our readers
and providing this month's question and answer. She is an attorney
whose practice focuses on the Form I-9, E-Verify, and related
immigration compliance issues. Ms. Kersey partners with law firms,
businesses, and other employers to provide advice, project management,
and consulting services to organizations of all sizes to help
them avoid civil and criminal penalties, as well as ancillary
damage to reputation, caused by weaknesses in their immigration-related
hiring and record-keeping practices. She provides training, policies,
and auditing services and represents employers during I-9 inspections
and settlement negotiations.
Please choose
your answer by clicking on it:
Arkansas
Gets a Workplace Social Media Privacy Law
Arkansas has a new social media privacy law, which prohibits an
employer from requiring or requesting that a current or prospective
employee do any of the following: 1. Disclose his/her username
or password for a social media account; 2. Add a co-worker "to
the list or contacts associated" with the account; and 3. Change
his/her account privacy settings. The Arkansas law carves-out
some exceptions and unties HR's hands, allowing it to conduct
effective investigations should the need to access social media
accounts arise. In addition, the Arkansas
law prevents an employer from complying with the requirements
of federal, state, or local laws, rules, or regulations or the
rules or regulations of self-regulatory organizations. It also
allows an employer to request an employee to disclose his or her
username and password for the purpose of accessing a social media
account if the employee's social media account activity is reasonably
believed to be relevant to a formal investigation or related proceeding
by the employer of allegations of an employee's violation of federal,
state, or local laws or regulations or of the employer's written
policies.
Read more
Colorado Ninth State to Prohibit Credit Checks for Employment
Purposes
Colorado's
governor has signed S.B. 18 to prohibit employers from considering
an applicant's or employee's credit history in employment decisions.
California, Maryland, Connecticut, Hawaii, Illinois, Washington,
Oregon and Vermont, as well as at least one locality, the City
of Chicago, also have similar laws. Moreover, the U.S. Congress
and several more state legislatures are considering comparable
legislation. The new Colorado law prohibits an employer from using
consumer credit information for employment purposes unless the
information is "substantially related to the employee's current
or potential job." Employers should note that these obligations
are in addition to the employer's disclosure and notice requirements
under the FCRA. The new law empowers the Director of the Colorado
Division of Labor in the Department of Labor and Employment to
enforce its provisions. An aggrieved person may file a complaint
with the Division, which is to promptly investigate the allegations
and issue findings within thirty days after a hearing. The Division
may award civil penalties not to exceed $2,500 to the prevailing
party. The new Colorado law takes effect July 1, 2013, and applies
to acts occurring on or after said date.
Read more
Washington Adds to Flood of Social Media Password Protection
Legislation
Washington
State has joined the flood of password-protection legislation.
The Washington bill (currently awaiting signature by Governor
Inslee) broadly prohibits employers from accessing employees'
and applicants' social networking accounts. Employers are prohibited
from: (a) requiring disclosure of log-in information; (b) asking
for access to the account in the employer's presence; (c) requiring
the acceptance of a "friend" request from the employer; (d) requiring
a change in privacy settings to make the account accessible to
the employer; and (e) using log-in credentials inadvertently obtained
through the employer's monitoring of corporate electronic resources.
Employees or applicants subject to an unlawful demand can recover
actual damages in a private lawsuit as well as a $500 penalty,
and an award of attorney's fees and costs. Employers can only
require that employees share content from their personal social
media accounts in connection with an investigation into workplace
misconduct if the investigation is undertaken in response to information
received about the employee's personal social media content and
the content is relevant to a factual determination made in the
course of the investigation. However, even in that scenario, the
employer may not ask for the employee's login information.
Read more
Technology for Minding Your Compliance Ps and Qs: Spotlight
on the FCPA
Despite increasing regulations, most companies have
no system for monitoring high-risk third parties.
In 1977, President Jimmy Carter signed the Foreign Corrupt Practices
Act (FCPA) into law, which makes it unlawful for U.S. companies,
individuals and third-party intermediaries to pay foreign officials
to retain or obtain business. Although the FCPA has existed for
35 years, its effects have been most felt over the past five years,
thanks to the Obama administration's decision to make combating
corruption one of its priorities. A recent poll of delegates attending
a FCPA Conference revealed that more than 60% have no system in
place for monitoring high-risk third parties after they've put
a contract in place with them, while the majority of delegates
(almost 90%) further indicated that they have no technology in
place to help them assess, monitor, manage and report on the FCPA
risk of their third parties. Moreover, in the event of an FCPA
violation, evidence of an effective program may change the outcome
of potential prosecution. Thankfully, technology exists that enables
organizations to implement and enforce a consistent, objective
and scalable FCPA program.
Read more
Nationwide Efforts to "Ban the Box"
50 municipalities
and 9 states have removed questions about criminal record from
job applications, opting to ask later in interview process; a
sign that the nationwide movement to reduce unfair barriers to
employment for people with criminal records is gaining momentum.
The commonsense ban-the-box policy postpones criminal history
inquiries until later in the hiring process to give qualified
workers with criminal records a fair shot at a job. Contributing
to the momentum, the U.S. Equal Employment Opportunity Commission
has endorsed the policy of removing the conviction history question
from job applications as a best practice for all public and private
employers. The nine states that have embraced the policy so far
are: Colorado, California, Connecticut, Illinois, Maryland, Massachusetts,
New Mexico, Minnesota, and Hawaii. "With 50 local municipalities
and nine states now on board, the ban-the-box movement is fast
approaching the tipping point where it will be embraced and become
an accepted practice for employers," said Christine Owens, executive
director of the National Employment Law Project.
Read
more
Minnesota Enacts "Ban the Box Law" Prohibiting Employment
Application Criminal History Checkmark Boxes and Restricting Criminal
Record Inquiries Until After Interviews or Conditional Job Offers
Effective
January 1, 2014, recent amendments to Minnesota law will restrict
the timing of pre-employment inquiries by most private employers
into a candidate's criminal past. Employers who are not exempted
from the law may not: (1) inquire into or consider or require
disclosure of criminal record information until the applicant
has been selected for an interview or, if there is not an interview,
until a conditional job offer of employment has been extended
to the applicant, and (2) use any form of employment application
that seeks such criminal record information. Minnesota and multi-state
employers need to consider whether their uniform job application
and backgrounds check inquiries comply with applicable law, including
Minnesota's new law. Given all of the recent attention on background
checks by the EEOC, other agencies and plaintiffs' lawyers, this
is also a good time for employers to review their application
and hiring process. This process review should consider restrictions
on use of criminal information under EEOC guidance and certain
state laws and use of credit information under others and also
should ensure federal and state FCRA compliance.
Read more
New
Mexico Limits Employer Access To Job Applicants' Social Media
Accounts
New Mexico
recently became the latest state to prohibit employer access to
social media accounts when S.B.
371 was signed into law. The law prohibits employers from
requesting a password or otherwise demanding access to a job applicant's
social media account. Interestingly, the bill does not prohibit
employers from asking for passwords from current employees. Under
the law, employers are allowed to obtain information about a prospective
employee that is available in the public domain. The law takes
effect June 14, 2013.
Read more
Questioning
Criminal Background Check Not Protected Activity Under Title VII
Last year,
the EEOC issued an enforcement guidance cautioning employers about
making employment decisions based on applicants' criminal histories.
The EEOC stated that decisions based on criminal backgrounds may
have a disparate impact on minority candidates, and that employers
need to make individual decisions based on the particular offense
and its relevance to the job at hand. In a recent case, the Third
Circuit Court of Appeals concluded that the mere act of engaging
in criminal background checks of applicants does not violate Title
VII. The case was filed by a HR manager who claimed that she was
terminated in retaliation for complaining that two minority candidates
for positions with the town were required to undergo criminal
background checks. She alleged at the time that such searches
violated their civil rights. The court concluded that the plaintiff
never alleged any actual discrimination against the applicants
and the mere act of requiring criminal background checks or using
such backgrounds as part of the decision making process for candidates
does not violate Title VII. Only the use of this information when
applied to actual hiring decisions raises the possibility of discrimination
under Title VII.
Read more
| DATA
PROTECTION & PRIVACY |
New
Virginia Law Protects Personal Identifying Information Of Employees
Virginia
Governor Bob McDonnell recently signed into law H.B.
1931, which makes it unlawful to require an employer to release
to third parties certain personal identifying information about
current or former employees. In the bill, personal identifying
information is defined as a home telephone number, mobile telephone
number, email address, shift times or work schedule. The law creates
an exception for the release of such information when required
by federal law, pursuant to a court order, pursuant to a warrant
or as required by a subpoena in a pending court case or discovery
in a civil case. The law will become effective on July 1, 2013.
Read more
You're
fired! Employees Who Snoop Face Consequences
This issue of PrivacyScan considers some of the recent
cases where employees have been terminated for committing privacy
breaches. The vast majority of cases occur in the public sector
and involve personal health information. One nurse stated that
it is "common practice amongst physicians, amongst mental health
nurses, amongst site clinical managers, to look up their own information,
their family information, and whoever else they want to." This
is every privacy manager's worst nightmare, as it suggests to
the public a culture completely lacking in sensitivity towards
privacy and confidentiality. All of the referenced cases involve
intentional breaches (i.e., no lost USB keys or laptops) and many
of the fired employees were simply accessing personal information
out of curiosity, and not for any obvious personal gain. These
cases - particularly those that result in judicial consideration
(i.e., claims for wrongful dismissal) - can provide invaluable
insight for employers who are faced with the tough challenge of
dealing with employees who commit privacy breaches. They also
emphasize the need for employers to institute practices to address
the powerful desire of certain employees to snoop on sensitive
personal information, including training, access management, and
auditing of employee access.
Read more (Requires Log-in or Subscription)
Cheers!
Workplace Alcohol Testing Made Easier (And No More Effective)
A new finger-touch
testing device is now ready for launch, which can give a red or
green light for alcohol in the blood stream in just 10 seconds,
allowing for the "processing" of up to 300 employees per hour.
According to the manufacturers, users can set their own threshold
levels and the device can be used for industries from transport
and leisure to the National Health Service and banking. This device
begs the question of what to do with an employee who got a red
light. The problem lies in identifying what a red light actually
means, and then establishing some connection between the alcohol
level and the job. What dictates fitness to perform a role is
not the precise level of alcohol in the system, but each individual's
physiological response to it. Therefore, the employer may find
that it is taking action against red-lighters who are far more
physically capable than some greens who have only a few milligrams
of alcohol less coursing round the system. Blood-alcohol readings
may be affected by weight, body mass index, gender and parallel
medications or oral contraceptives. Employers considering using
the system as a deterrent will have to bear in mind that their
own credibility and their ability to rely on the results will
depend upon their setting a suitable threshold level. If set unrealistically
low, you might as well not bother.
Read more
All
Hospitals Should Require Drug, Alcohol Tests for Physicians
To improve
patient safety, hospitals should randomly test physicians for
drug and alcohol use in much the same way other major industries
in the U.S. do to protect their customers. The recommendation
comes from two Johns Hopkins physicians and patient safety experts
in a commentary published in The Journal of the American Medical
Association (JAMA). In addition, the experts say medical institutions
should take a cue from other high-risk industries, like airlines,
railways and nuclear power plants, and mandate that doctors be
tested for drug or alcohol impairment immediately following an
unexpected patient death or other significant event.
"Patients
might be better protected from preventable harm", wrote the authors
in the JAMA commentary. "Physicians and employers may experience
reduced absenteeism, unintentional adverse events, injuries, and
turnover, and early identification of a debilitating problem.
In other high-risk industries, this right is supported by regulations
and surveillance. Shouldn't medicine be the same?"
Read more
Marijuana
Legalization: Colorado Court Says No Job Protection for Pot Users
Medical and
recreational marijuana may be legal in Colorado, but according
to a court ruling, employers in the state can lawfully fire workers
who test positive for the drug, even if it was used off duty.
The Colorado Court of Appeals found there is no employment protection
for medical marijuana users in the state since the drug remains
barred by the federal government. "For an activity to be lawful
in Colorado, it must be permitted by, and not contrary to, both
state and federal law," the appeals court stated in its 2-1 conclusion.
The ruling concurs with court decisions in similar cases elsewhere
and comes as businesses attempt to regulate pot use among employees
in states where the drug is legal. Colorado and Washington state
law both provide for recreational marijuana use. Several other
states have legalized medical use. Based on this ruling, employees
who use pot in Colorado do so at their own risk. In Arizona, however,
workers cannot be terminated for lawfully using medical marijuana,
unless it would jeopardize an employer's federal licensing or
contracts. The court said lawmakers could act to change the law
to protect people who use marijuana, but there have been no plans
to do that at the state Capitol.
Read
more
Public Benefits Drug Testing Bills Move in Three States
Recently,
an unemployment drug testing bill passed the Arkansas Senate,
a welfare drug testing bill won a Senate committee vote in North
Carolina, and a welfare drug testing bill passed the Texas Senate.
The Arkansas bill, Senate Bill 38, would require random, suspicion-less
drug testing of people receiving unemployment benefits. Those
seeking unemployment would have to sign a waiver to allow for
random drug testing, and they would be ineligible for benefits
if they refused to sign or failed the drug test. The North Carolina
bill, Senate Bill 594, would require applicants for Temporary
Assistance for Needy Families (TANF) to undergo mandatory suspicion-less
drug tests at their expense. Applicants would be reimbursed if
they tested negative, but denied benefits if they tested positive-until
they have entered and paid for drug treatment. The Texas bill,
Senate Bill 11, would require TANF applicants to undergo a drug
use assessment, and if there is "good cause to suspect" drug use,
they must then undergo a drug test. A positive drug test would
result in a denial of benefits for six months, with a second positive
drug test resulting in a denial of benefits for a year, although
they could be restored after six months if drug treatment is completed.
Read
more
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Data
Facts Inc. Announces New Give Back Campaign
Data Facts
has a history of corporate citizenship, and has made giving back
a top priority for many years. As an active participant in many
local and regional worthwhile charities, Data Facts has been involved
in building community playgrounds, donating supplies to schools,
working at food banks, and donating much-needed funds. The CEO,
Daphne Large, and EVP, Julie Wink, decided to extend this initiative
to involve new customers.
Data Facts
Gives Back is designed to make a donation for every new customer
that comes on board. A portion (5%) of the new customer's first
month's bill is donated by Data Facts on behalf of the new account
to the charity of their choice. At the end of the year, another
5% of the first month's bill is donated to the charity of Data
Facts' choice. That is a total of 10% of the customer's first
month's bill going to charity.
Responsibility
is one of Data Facts' core values, and this belief is the driving
force behind the creation of the Data Facts Gives back program.
For more
information go to http://www.datafacts.com/
Sentinel Screening, Inc. Announces Integration with TazWorks Instascreen
Premiere 2.0
Sentinel
Background Checks (SSI), a wholesale public information provider,
announced this week an XML data exchange solution with TazWorks,
a web-based background screening software company. When paired
together, TazWorks InstaScreen Premiere 2.0™ solution and
SSI's comprehensive research simplifies the process of requesting
and retrieving information by using automated data transfer. Instascreen
users will be able to experience industry leading accuracy and
turn-around time when requesting county criminal record information
through SSI.
"We are very excited about this integration," said director of
operations Dawson Hicks. "This will allow us to introduce and
provide our services to a whole new group of users as well as
improve our procedures internally."
Read more
Pinkerton
Offers Fingerprint Digitization Solution
Pinkerton
has strategically partnered with an FBI Channeler, Inquiries,
Inc., to create a groundbreaking technology and bring a simple
solution to Facility Security Officers (FSO) to comply with electronic
fingerprint submission requirements to obtain clearances as government
contractors to the Department of Defense. Inquiries, Inc. has
been an FBI channeler since 2006, having passed all of the security
processes and procedures necessary for compliant fingerprint processing.
For contract
locations where the volume of personnel processed does not justify
the cost of purchasing a livescan, computer, and all of the maintenance
and software that is needed, we have created a solution to assist
contractors through an FBI Channeler that can digitize the prints
and upload on your behalf.
Read more
The
Conference Board Employment Trends Index™ (ETI) Edged Up
in April
The
Conference Board Employment Trends Index™
(ETI) increased in April. The index now stands at 111.68, up from
111.61 (an upward revision) in March. The April figure is 3.8
percent higher than a year ago. "Despite weak economic activity,
the Employment Trends index is still signaling moderate job growth
in the coming months," said Gad Levanon, Director of Macroeconomic
Research at The Conference Board. "On average, employment has
grown almost as fast as GDP over the past three years, and that
is likely to continue into the third quarter of 2013. As a result,
the average labor productivity of American workers will struggle
to improve until GDP growth accelerates."
Read
more
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Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, PRRN
| Resources
For Searching Non-Profits and Foundations |
Below are
several recommended organizations that are quite helpful for finding
information on non-profits and similar business entities.This
information is from the soon to be released (July 1, 2013) 3rd
Edition of the
Manual to Online Public Records by Cynthia Hetherington and
Michael Sankey.
- GuideStar
(
www.guidestar.org ) is a great starting point to find detailed
financial information about non-profits. It also offers free
access to basic information on 1.8 million non-profits. Registration
is required. GuideStar's fee-searching content includes searchable
data from IRS Forms 990 and the IRS Business Master File, including
comprehensive facts on employee compensation and grant activity.
- Capital
Research Center (CRC), established in 1984 to study non-profit
organizations, provides a free database search of non-profits
including associated activists and directors. See
www.capitalresearch.org .
- The Foundation
Center is a national organization that serves as an authoritative
source of information on foundation and corporate giving. See
http://foundationcenter.org .
- Enterprise
Resources Database website provides fundraising tools with plenty
of good information on how to find qualified prospects to donate
money and help with fundraising. The site's search of qualifying
potential donors is quite useful as reference resource for finding
personal and business assets and financial relationships. See
www.practitionerresources.org .
- NOZA is
advertised as the world's largest searchable database of charitable
donors. They help subscribers find donations. See
www.nozasearch.com .
- Charity
Navigator is an independent charity evaluator, with ongoing
evaluations on over 6,000 of the largest charities in the U.S.
See
www.charitynavigator.org .
| BRB's
FREE RESOURCE CENTER |
For the MOST
COMPREHENSIVE RESOURCE describing all access methods, restrictions,
fees, and search procedures on over 26,000 government and private
agencies visit the Public
Record Research System (PRRS-Web) . We provide the extensive
details and in-depth data you will not find doing a Google search!
For more
information contact Michael Sankey at mike@brbpublications.com
or visit www.brbpublications.com/updates.aspx
 Kevin Coy is a Partner in the Washington
DC office of Arnall Golden Gregory LLP. Kevin
advises background screening companies and other clients on a
wide range of privacy and consumer regulatory issues, including
Fair Credit Reporting Act, Gramm Leach Bliley Act, Drivers' Privacy
Protection Act, and Dodd Frank Act compliance issues, as well
as data breach matters. Kevin also represents clients with matters
before the Federal Trade Commission, the Consumer Financial Protection
Bureau, and other consumer protection agencies.
Kevin can
be contacted at Kevin.Coy@agg.com
or 202-677-4034.
THE
WASHINGTON REPORT - May 2013
On
The Hill
While the
Senate rejected a proposal to expand circumstances under which
background checks must be conducted in connection with firearms
purchases, background check issues in a variety of areas continue
to percolate on Capitol Hill, including credit report accuracy,
E-Verify, and EEOC activity, all familiar areas of attention in
Washington. On May 7th, for example, the Senate Commerce Committee's
Subcommittee on Consumer Protection, held a hearing on the accuracy
and completeness of consumer credit reports which is discussed
further in the "At the FTC" section.
At
the FTC
In testimony
on May 7th, before the Senate Commerce Committee's
Subcommittee on Consumer Protection, Product Safety and Insurance,
Maneesha Mithal, Associate Director of the FTC Division of Privacy
and Identity Protection, told the Committee that "vigorous enforcement
of the FCRA is a high priority" for the FTC. The focus of the
Senate Commerce Committee hearing, as noted, was the accuracy
and completeness of consumer credit reports, but the FTC's testimony
addressed the Commission's FCRA enforcement efforts more broadly.
Corey Stone, CFPB Assistant Director for Deposits, Cash, Collections,
and Reporting Markets, also testified at the hearing, but focused
his testimony more narrowly on credit reporting accuracy issues.
Read
the full report
Read
the Full Report
Lying
in the Hiring Process: What HR Needs to Know
People lie all the time during the hiring process. It's
up to HR and hiring managers to catch those liars. In this intense
job market, it's no surprise that many applicants exaggerate parts
of their resumes to look more enticing to potential employers.
The concept is so widespread, however, that nearly half of all
applicants admit to lying on their resumes. But no matter how
clued in you are to what applicants fib about, you'll still inadvertently
bring many of them in for interviews. That's when your skills
at judging character come in, and being skeptical can actually
work against you. A recent psychological study found that people
who trust others - or who assume the best in other people - are
the best at identifying liars. Adam Grant of The Washington Post
says, "… lie-detection skills cause people to become more
trusting. If you're good at spotting lies, you need to worry less
about being deceived by others, because you can often catch them
in the act." Therefore, Grant advises employers to put individuals
who tend to see the best in others in the interviewer role to
prevent applicants from duping you into hiring them. Even still,
it is important to sprinkle a few ounces of skepticism into each
pound of trust.
Read
more
National
Restaurant Association Survey Indicates Support for E-Verify Mandate
A new survey
by the National Restaurant Association indicates there is growing
support among business operators regarding the E-Verify mandate.
The survey, which was conducted in partnership with ImmigrationWorks
USA, found that 80% of restaurant operators who use E-Verify would
recommend it to a colleague, and about 66% said they would use
it voluntarily. Additionally, 79% said the program was 100% accurate.
Overall, the survey found that 23% of responding restaurant operators
would use the program to check the documentation of newly hired
immigrant employees. "By using it, operators can actually know
who they're hiring," said Tamar Jacoby, president and CEO of ImmigrationWorks
USA. "It's a way to avoid liability, to wade through a sea of
false documentation and know that you've checked it out to the
extent that you can." Independents disproportionately said they
would not use E-Verify because they either did not have an HR
department to support it or because of the technical challenges
involved. In response, changes are currently underway to make
the E-Verify system part of a broad, national mandate that would
simplify the current two-step process that consists of the I-9
you must do and E-Verify and the need for Internet access that
is required.
Read more
Corporate
Lettings Market Rises With Senior Talent Demand
Activity
in Asia led the way as businesses increased their spending on
relocating and hiring senior staff around the world in 2012, according
to estate agency Knight Frank's ' Global Corporate Lettings Review 2013
.' The report, available online, notes that 60% of respondents
to the survey noted a rise in corporate relocation budgets for
senior executives last year.
Overall,
the flow of talent is still from West to East, with three of the
major business centres seeing greatest increases in prime rental growth across
2012 found in Asia (Beijing, Dubai and Shanghai), with the
Kenyan capital of Nairobi topping the list with 17.9% growth for
the second year running. Zurich completes the top five.
Source: http://www.recruiter.co.uk
Read more
Pre-employment
Criminal Records Checks - Reasons for Employers to Tread Carefully
A recent
finding by the Australian Human Rights Commission (AHRC) that
an employer discriminated against a job applicant by failing to
offer him employment as a market analyst because of previous drink-driving
convictions, highlights the need for caution when carrying out
pre-employment criminal record checks on prospective employees.
Australia-wide Federal legislation recognises that discrimination
occurs where a prospective employee has been denied employment
on the ground of their criminal conviction if the nature of the
conviction does not affect the candidate's job requirements. However,
the legislation does not go as far as making that discrimination
unlawful and although the AHRC can investigate alleged acts of
criminal record discrimination, it does not have the power to
award compensation or to 'punish' the offending employer. Employers
should consider making offers of employment contingent upon a
criminal records check satisfactory to the employer. Employers
should also avoid a 'zero tolerance' approach to criminal records
in the recruitment process.
Read more
The Importance of 'No Conviction Recorded' for
Work Health and Safety Prosecutions in Queensland
In prosecutions
under the Queensland Work Health and Safety (WHS)
laws, the Industrial Magistrate hearing the matter has the discretion
to not record a conviction. Often, the object of securing a non-recorded
conviction is to protect the Defendant's brand. Importantly, a
non-recorded conviction does not need to be disclosed in certain
situations (for example in tenders, or in foreign visa applications).
Until now the Queensland WHS regulator has published the identity
of parties who are convicted, whether a conviction is recorded
or not.
Recently
the Supreme Court in Queensland found that the regulator's publication
of a party's details on its website where no conviction was recorded,
was unlawful. The court's discretion whether to record convictions
when passing sentence will now be considered in greater detail
during WHS prosecutions.
Parties whose
identifying details appear on the Queensland Workplace Health
and Safety Prosecution List webpage can require the regulator
to remove their details where no conviction was recorded. That
would avoid Google type searches identifying them in relation
to the conviction.
Read more
Protect
Your Company From Internal Damage
A recent
case has highlighted the need for companies to put strategies
in place to protect their businesses from internal fraud. A former
company director pleaded guilty to 14 counts of fraud in the Brisbane
District Court after being prosecuted by the Australian Securities
and Investments Commission. Reports have shown that employees
facing difficult financial times can come under increased pressure
to commit fraud. Everybody in an organization can help to reduce
fraud - but having a risk management strategy in place can be
especially helpful. To reduce the risk, companies can: put policies
in place which define fraud; put policies in place to detect fraud;
regularly review fraud-related policies; and insure against losses
resulting from fraud. Employees are especially well-placed to
detect fraud, and should feel empowered to do so. It is especially
important that they feel they can report any suspicions they have
without fear of retribution.
Read
more
Three
Quarters of Applicants Have Already Lied to You
It could
be embellishing a former job title, talking-up responsibilities
or even fudging qualifications - you name it, an applicant has
done it. The problem is it's happening more often than many employers
realize. According to one background check firm, as many as 75%
of resumes contain an inaccuracy. Some are fairly minor in nature,
while others are out-and-out falsehoods, designed to tailor the
resume to a specific job or to mask aspects of their background
that are less favorable. "A candidate's resume is their marketing
tool to gain employment and hence they use it to portray themselves
in the best light possible," said Greg Newton from background-search
firm Verify. According to Verify, the most common omissions or
embellishments include: leaving out positions which are less flattering
to a person's 'on paper' career profile; modifying job titles
to portrait a higher level position was occupied; and listing
qualifications that were only commenced and not yet completed.
Recent data has also indicated that candidates are more honest
in their online profiles, such as on LinkedIn, than on their paper
resumes, however; Verify found the opposite to be true.
Read
more
Appropriate for Board to Rely on Offences Committed Twenty Years
Earlier
The Grievor,
a bus driver/custodian, pleaded guilty to sexual offences involving
minors twenty years ago and was convicted. One of the terms of
his sentence prohibited him from seeking or maintaining employment
that would put him in contact with children under the age of sixteen
for a four-year period. The events giving rise to the conviction
occurred before the Grievor began employment with the school board,
but following his conviction, the Grievor was fired. In pursuing
its grievance, the union argued that the Grievor should be retained
in employment and assigned duties, which did not involve contact
with students. The arbitrator concluded - without any direct evidence
- that retaining the Grievor in employment would be seen negatively
by the public and, more importantly, by the parents of children
in the school district. In weighing this against the Grievor's
fifteen years of discipline-free employment, the arbitrator was
unable to conclude there was no risk of future harm to the students
and concluded, therefore, that the employment relationship could
not be salvaged. The grievance was dismissed.
Read more
PIPEDA Needs Reform to Bring Enforcement Powers
In Privacy
Commissioner Jennifer Stoddart's recommendations for reforming
PIPEDA, she says amendments should include stronger enforcement
powers, mandatory data breach reporting, teeth behind accountability
and increased transparency measures. "The root of many of the
privacy challenges we face is that technology is growing so quickly
that some companies are failing to address privacy issues in the
competitive rush (and they are) creating products that can be
used in highly privacy-intrusive ways, ways that consumers don't
anticipate, much less knowingly consent to," Stoddart said. As
many as one in four websites the Office of the Privacy Commissioner
(OPC) has tested recently were either unaware they were disclosing
information to third parties or were not clearly disclosing that
they were providing information to third-party service providers.
Stoddart said these are major privacy concerns, but "our law does
not contain the right incentives to make sure privacy is a consideration
when companies produce risk assessments. It's clear that without
amendments, PIPEDA will be even less up to the task in the future.
The balance that PIPEDA is supposed to bring is increasingly not
there."
Read more
Many
Alberta Firms Ignoring Privacy Laws, Says FOIP Office
Customer Complains Car Dealership Did Not Safeguard Personal
Information
Many businesses are not complying with Alberta's law
surrounding the collection, use and storage of customers' personal
information, says the province's privacy office. The Personal
Information Protection Act (PIPA), has been law for nine years,
but a survey conducted by Alberta's information and privacy commissioner
found 50% of companies haven't trained staff on protecting customers'
information. A recent example of this involves an Edmonton woman
who received a series of late-night text messages from a mechanic
at Sherwood Ford who got her number when she had her car serviced,
more than a year ago. Her privacy complaints to the company, the
RCMP, Ford of Canada, and the Better Business Bureau, were ignored
and dismissed. Brian Hamilton of the privacy commissioner's office
says the case raises several concerns, including how many people
in a business have access to customers' personal information.
A greater privacy breach is using a customer's contact information
for purposes other than the business reason for which it was gathered.
The woman said her complaint would never have gone so far if the
company had taken her concerns more seriously.
Read more
Employer References in the Age of Privacy
The law around
references given to prospective employers by ex-employers is changing.
There is no positive obligation on an employer to provide a reference
for an ex-employee. On the other hand, the failure of an employer
to give a reference has been found to be a factor courts will
consider when determining the period of reasonable notice in a
wrongful dismissal case. There are also risks in giving references.
Whatever reference is given, and however it is given, it must
be truthful. There have been cases where an employer has been
sued for giving a false reference. There have also been cases
where writers of 'bad' references were found to have defamed the
person for whom the reference was written. If an employer is going
to give references, it should have a policy, or standardized reference
process. A policy helps to ensure consistency. A policy may also
help an employer avoid liability in a case where a reference is
given by someone not authorized to do so, and which is not in
keeping with the employer's policy. Employers should also require,
as a practice, consent from job applicants to seek out references.
Read more
WP29 Clarifies DPAs' Expectations of BSPRs
The Article
29 Working Party (WP29) has adopted an Explanatory Document on
the Processor Binding Corporate Rules (WP204), which clarifies
the principles and elements of Processor Binding Corporate Rules
or Binding Safe Processor Rules (BSPRs) as laid out in its Working
Document 02/2012 (WP195). BSPRs are internal, legally binding,
codes of conduct regarding privacy and security, aimed at guaranteeing
clients of data processors that data transfers are adequately
framed and protected. WP29 stated that data protection principles
stemming from the Data Protection Directive (95/46/EC) must be
incorporated within the BSPRs. They must also provide sufficient
level of detail to allow DPAs to assess whether adequate safeguards
are provided in relation to data processing and sub-processors.
All BSPRs must contain: provisions guaranteeing a good level of
compliance, audits, complaint handling, the duty of cooperation
with the data controller and DPAs, liability, rules on jurisdiction,
and transparency.
Read
more
Binding
Corporate Rules Webinar: Top 5 takeaways
Binding Corporate
Rules (BCRs) are fast becoming the preferred method for intra-group
worldwide transfers, due to their flexibility and the endorsement
they have received from EU bodies and data regulators. Organised
by DataGuidance in association with TRUSTe, the BCR Webinar 2013
explored the developing landscape of BCRs with leading experts
in the field. DataGuidance compiled the top 5 tips for any company
considering BCRs.
Read
more
French CNIL Annual Report Shows Increased Complaints, Audits,
Sanctions
The French
data protection authority, the CNIL (Commission Nationale de l'Informatique
et des Libertés), has published its annual report for 2012,
emphasizing a significant increase in complaints, audits, and
sanctions. The CNIL says it processed the largest amount of complaints
in its history in 2012-over 6,000. Those complaints were received
principally from private individuals regarding their right to
access, rectify, or oppose data processing. In addition, CNIL
audits increased by almost 20% since 2011. The audits were triggered
as a result of the CNIL's annual programme of audits (approximately
40%), in reaction to public events (approximately 25%), or to
complaints (23%). While the number of financial sanctions was
relatively stable (4 versus 5 in 2011), the total amount of financial
sanctions decreased. However, the CNIL has increased substantially
the number of public sanctions, taking advantage of a new provision,
which allows it to order the publication of its cease-and-desist
letters. The CNIL's report dwells on the challenges of regulating
big data, and argues that privacy protection does not necessarily
have to create costs in terms of innovation and economic development.
Read more
Jade's Killing Spurs Rethink
Justice Minister
Judith Collins' plans to change trans-Tasman information sharing
could mean a public register of serious criminals deported from
Australia. The murder of Christchurch teenager Jade Bayliss has
really focused everyone's minds on ensuring the new law becomes
a reality. The change would allow Australian authorities to hand
over border-control information to New Zealand police--including
criminal convictions. At present, New Zealand police are told
only that an offender is being deported from Australia, but they
are not told of his/her criminal convictions. If they want that
information, they have to request it through Interpol. Unless
there is a serious threat to life, police cannot pass on an offender's
history, even if a member of the public asks for it. Collins'
plan would also have officials deciding whether the public should
have access to criminal records by request or with an open register
for serious offenders. Discussions about the potentially life-saving
new legislation have already been held between officials in Australia
and New Zealand and it will be presented to cabinet in the near
future. However, Collins warned that it could take a long time
to get through Parliament.
Read
more
MP's Bill Step in the Right Direction
MP Sue Moroney
has proposed a Privacy Amendment Bill, which would enact many
of the Law Commission's recommendations by strengthening the powers
of the Privacy Commissioner by empowering her office to issue
compliance notices and conduct privacy audits of public and private
sector agencies where this is warranted. The current complaints-driven
process has been criticised as it fails to address systemic privacy
breaches not exposed by individual complaints while other breaches
escape detection and investigation altogether. The risks to individuals
of inappropriate use and disclosure of their personal information
and of identity theft are compounded as a consequence. The Law
Commission's report also addresses several current mischiefs,
such as cyber-bullying and application of the news media exemption
from the Privacy Act to blogs. Especially pertinent is abuse,
by individuals, of the so-called "personal use" exemption, which
has allowed the posting online of much objectionable material
about individuals. These matters are in urgent need of attention.
Read
more
Russia Signs International Data Protection Convention
Russia has
reinforced its commitment to the protection of personal data by
ratifying the "Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data" (Convention 108).
Thorbjørn Jagland, Council of Europe Secretary General, received
Russia's accession from Alexander Alekseev, the Permanent Representative
and Ambassador of the Russian Federation to the Council. Among
its principles, the Convention 180 establishes that individuals
have the right to have access, rectify or erase their data when
the information is not required for a specific purpose. In addition,
each party must establish an independent authority to ensure compliance
with data protection principles. Convention 180 is the only legally
binding international instrument in its field, is open to any
country and has the potential to become a global standard. The
treaty will enter into force on September 1. Russia will become
the 46th state to join Convention 108.
Read
more
Singapore
is Fourth Most Attractive Location to Work
Singapore emerged as the fourth most attractive location
in the world for professionals to relocate to, beating Asian rival
Hong Kong which came in eighth. The top three most popular destinations
were USA, UK and Australia. The report by Hydrogen titled: Global
Professionals on the Move 2013, revealed that Singapore has
also come in second for finance, and third for technology. The
country has solidified its position as a major hub for oil and
gas, energy, and commodities and banking, continuing to attract
workers from abroad. With its highly developed industries and
excellent quality of life, Singapore is known worldwide as a great
location for expats to move to. The rising value
of Asian professionals with international experience is a new
feature of the global market in professional skills. Some 66%
of global professionals who responded said their employers rated
international experience as important or very important. An overwhelming
98% of respondents who had relocated, recommended the experience,
and 86% said they wanted to stay longer.
Read more
Countdown
Clock Begins for Singapore Data Compliance
The official
"in-force" date for Singapore's Personal Data Protection Act has
been set for July 2, 2014, and organizations shouldn't underestimate
the time and effort needed to ensure compliance. The is the day
when the Act will come into effect and when organizations will
need to complete data inventory mapping, process audits, staff
training, and publication of various processes. Small and midsize
businesses (SMBs) will be glad to note that several tools and
trainings have been introduced by the PDPC (Personal Data Protection
Commission) to aid the process, while larger organisations have
slightly more than 13 months to finish their data compliance projects.
Most projects should take around 9 months. Another point to note
is that the more competent consultants in the industry will likely
be snapped up so organizations should act quickly to secure such
resources if they should require them. The government has also
announced it would enhance information-sharing with other countries
to prevent cross-border tax evasion, coming on the back of the
ICIJ's "wikileaks" sized expose of the use of shell companies.
Read
more
The
Protection of Personal Information Bill: Implications for Employers
The purpose
of POPI is to give effect to the Constitutional right to privacy,
by introducing measures to ensure the personal information of
"data subjects" (including employees) is safeguarded when it is
processed by "responsible parties" (such as employers). POPI provides
conditions for the lawful processing of personal information.
It sets out eight core information protection principles and conditions,
including accountability, purpose specification, information quality,
openness, security safeguards and data subject participation.
Employers will have to comply with these principles whenever personal
information of employees is collected, stored or used. Certain
types of information such as ethnicity and trade union membership
are considered 'special personal information'. The processing
of such information is prohibited unless it falls within a statutory
exception.
Read more
Social
Media: A Legitimate Pre-employment Vetting Tool?
There is
currently no legislation in the UK that prohibits employers from
considering information contained on applicant's social networking
profiles when making a recruitment decision. However this does
not mean that employers can conduct searches on social media sites
when recruiting without fear of consequences. The danger for employers
is that if a decision is subsequently taken not to appoint a candidate
in circumstances which included a review of their Facebook (or
other social media) page, then this could potentially give rise
to allegations of discrimination. Vetting of job applicants via
social media also involves processing personal data (when the
employer either uses or records the information obtained), so
employers must ensure that any vetting is compliant with the Data
Protection Act. The ICO's guidance states: vetting should be used
to confirm specific points rather than for general intelligence
gathering; information should only be sought from sources where
it is likely that relevant information will be revealed; and employers
must avoid placing reliance on potentially unreliable sources.
Read more
Private
Investigators Could Face £500,000 Fines for Accessing Data
Illegally
Public authorities,
police forces and members of the public are being asked to help
uncover rogue private investigators, which could face fines of
up to £500,000 (US$765,050) if they are found to have illegally
accessed people's data. A new campaign launched by the Information
Commissioner, aims to uncover the extent of the problem after
issues were highlighted during the Leveson inquiry and by the
Home Affairs Select Committee. Information Commissioner Christopher
Graham, says that the majority of private investigators act in
compliance with the Data Protection Act, however there are less
scrupulous professionals out there that may by trying to take
shortcuts by illegally accessing people's data. Some private investigators
were also not meeting their obligations by failing to make sure
the information they handled was accurate or that it was securely
deleted once it was no longer required. Graham has now written
to police forces, public bodies and private investigation firms
asking them to report any concerns they have. "By shining a light
into the darkest corners of the private investigation industry,
we are aiming to root out any criminal elements that continue
to cause public concern and blight the professional reputation
of their counterparts," said Graham.
Read
more
Increase in the World's Top Talent Moving to the UK, Study Finds
The UK is
the second most attractive country in the world, after the U.S.,
for high-flying professionals to move to. Research published today
from recruitment firm Hydrogen shows the UK is rapidly establishing
itself as a firm favourite among foreign workers, particularly
within technology. The Global Professionals on the Move 2013
report, which surveyed more than 2,000 workers in 90 countries
has shown that, despite the challenges within its economy and
the tightening of immigration controls, the UK still has an attraction
for professionals worldwide. The report found the majority of
professionals have not yet caught up with shifting global economic
realities. Their top preferences are still almost exclusively
in the developing world. Two-thirds of those having relocated
are men, which means women are losing out, and there will be insufficient
women in the pipeline for more senior positions, many of which
now require international experience.
"A lot of Europeans view the UK as a tech hub where you can work
for exciting, fast-paced companies," said Dan Fox, managing director
of technology practice at Hydrogen. "We're seeing a lot of Europeans
coming to work in the UK. It's all about wanting to work for the
up-and-coming companies."
Read more
Security Experts Fear UK Lacks Knowledge of EU Data Reform
Data security
expert, PHS Datashred, is calling for the EU to do more to educate
British businesses on the financial impact of proposed changes
to law. The company said that struggling British firms could be
hit with an unexpected 'tidal wave' of cost associated with compliance
to new European data laws if they are not fully prepared. PHS
Datashred goes on to say that the proposals to change the law
relate to the way data is handled and managed and that British
companies could suffer significant costs in appointing data controllers
to comply. According to a survey of 506 businesses by the Information
Commissioner's Office (ICO), approximately 87% of businesses are
unable to estimate the costs of the draft proposals to their organisation.
The report also found that 40% of companies do not fully understand
any of the ten main provisions being proposed and that none of
those surveyed could accurately describe all ten provisions. Managing
Director of PHS Datashred, Anthony Pearlgood said, "There is undoubtedly
a requirement to bring the regulations into the 21st
century but it should not be done before businesses are able to
assess how much it will actually cost them."
Read more
References for Ex-employees: An Employers' Guide to Avoiding
Liability
Drafting
references can be a legal minefield for employers. This has not
been helped by recent confusion over whether ex-employees are
protected against victimisation if they receive a negative assessment.
Generally, there is no legal obligation on an employer to provide
a reference for an ex-employee. An employer's policy on whether
or not to give a reference needs to be consistent: a decision
to provide a reference to some but not all ex-employees could
be discriminatory under the Equality Act 2010 (the Act) if this
is linked to protected characteristics. Where an employer does
provide a reference it has a duty of care to the ex-employee and
must take reasonable care in the preparation of the reference,
which must be true, accurate and fair and not give a misleading
impression. While the reference does not have to be comprehensive,
it must not be misleading through omission. An employer may be
liable for negligent misstatement where its reference gives an
inaccurate impression and in extreme cases it may also be liable
in the tort of deceit. Employers would be well advised not to
refuse to give a reference just because the employee has made
allegations, brought proceedings (or given evidence in connection
with such proceedings) under the Act.
Read more
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2013
Events ( Click
Here to View full list of Events ) - Updated
Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2013 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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