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No Right to Bear Arms on Employer’s Property
The
Oklahoma Supreme Court has held that "there is no absolute
common-law or constitutional right to carry loaded weapons
at all times and in all circumstances." The court further
stated that "an individual's right to keep and bear
arms under a State Constitution is not absolute, but remains
subject to reasonable regulation under the State's police
power." Id. at 902-03. The Oklahoma Legislature has
similarly expressed the necessity of regulating the use
of firearms in its "Legislative Findings for Firearms
Act": The Legislature finds as a matter of public policy
and fact that it is necessary for the safe and lawful use
of firearms to curb and prevent crime wherein weapons are
used by enacting legislation having the purpose of controlling
the use of firearms, and of prevention of their use, without
unnecessarily denying their lawful use in defense of life,
home and property . . . including their use and transportation
for lawful purposes. In our view, § 1290.22 of the
Self-Defense Act, prior to its amendment in 2004, is an
example of the kind of reasonable regulation of firearms
contemplated by those statements. Weyco was acting under
the authority of that section when it applied its no-firearms
policy to plaintiffs' vehicles.
05-7037 -- Bastible v. Weyerhaeuser Co. -- 02/13/2006
|
|
Valuation Update for the Security Industry, April 30, 2006
Background Screening
Company |
Market
Share |
Share Price |
ACXIOM
CORPORATION 2 |
247.8
|
25.92 |
CHOICEPOINT
INC 3 |
794.7
|
44.03 |
FIRST
ADVANTAGE CORPORATION 1 |
505.6
|
26.95 |
MARSH
& MCLENNAN COMPANIES 16 |
724.3
|
30.67 |
TALX
CORPORATION |
834.1
|
26.01 |
If you would like more information on KPMG Corporate Finance’s,
Valuation Update for the Security Industry
or would like to be added to the distribution list please
contact:
Cherie Smith Homa at 410-949-8692 or email
her at (csmith@kpmg.com) |
- How are deverus clients able to process over 400,000 searches
a month via the deverus system?
- Why are established screening companies moving off their current
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service model?
How
are deverus clients able to maintain an average growth index twice
that of the industry?
- Why isn't everyone a good fit for the deverus service model?
- How are deverus clients' able to win business, deliver customized
solutions to HR in a quick timeframe, and still see their profits
soar?
deverus
is the leader in technology solutions for the background check
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check companies to deliver more of what HR wants, quickly and
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Call
today to find out how we can grow your business!
www.deverus.com
| 902 E. 5th Street, Suite 202 Austin, TX 78702 | 1-888-690-9297
Proposed
Law Could Put the Freeze on Ice Truck Drivers with Criminal Background
Rep. Kevin
Joyce, D-Chicago, Il has introduced a bill that would require
Ice cream truck workers to undergo criminal background checks
as a way to weed out rapists and murderers from plying neighborhood
streets with that familiar jingle. The Ice Cream Truck Worker
Registration Act, HB4457 requires ice cream truck
workers to obtain an Ice Cream Truck Worker Identification Card
from the Department of State Police. Sets forth rules and procedures
for obtaining an identification card. It further provides that
an application for an identification card shall be denied if the
applicant (i) has ever been convicted of any sex offense, (ii)
is a registered sex offender, or (iii) has ever been convicted
of any homicide offense. Contains other ice cream truck worker
requirements. Provides that an ice cream truck owner, upon the
request of the municipality or county within which the ice cream
truck is to operate, must provide copies of all Ice Cream Truck
Worker Identification Cards for employees.
For More Information go to: http://www.ilga.gov/legislation/BillStatus.asp
Governor
Riley Signs Law to Protect Social Security Numbers
MONTGOMERY
– On April 27, 2006, Governor Bob Riley signed legislation
intended to prevent identity theft by enhancing privacy protections
of Social Security numbers. The new law signed by Governor Riley
on Thursday prohibits any state agency, department or board from
revealing or placing the Social Security number of a person on
any document available for public inspection without the person’s
consent. Earlier in his term, Governor Riley instructed Cabinet
agencies to take similar steps to avoid disclosing Social Security
numbers on publicly available documents. “In an era when
identity theft is the fastest growing crime in America, this change
is a common sense way to enhance the privacy protections of our
citizens,” said Governor Riley. “Social Security numbers
are much sought after by identity thieves who use them to assume
a person’s identity and commit fraud. Alabamians can feel
a little safer because of the restrictions being put on the disclosure
of their Social Security numbers.” Under the new law, if
a person does not give consent to reveal their Social Security
number on a state government document, the state must redact,
remove or cover the number before making the document available
for public inspection. The law does contain exceptions for certain
documents including liens, records of judgment such as convictions,
and bankruptcy filings. Senator Del Marsh and Representative Steve
Hurst sponsored the bill, and Governor Riley expressed his appreciation
to them for working to get it passed by the Legislature. The law
goes into effect on July 1.
For More Information
go to: http://www.governorpress.state.al.us/pr/pr-2006-04-27-01-protectssn.asp
Michigan’s
Governor’s Rallies Legislative Action on Background Checks
On February
17, 2006 Governor Jennifer M. Granholm signed legislation
requiring criminal background checks for workers in nursing homes
and assisted living facilities. The Governor applauded the Legislature
for taking quick, bipartisan action on the legislation which she
first called for last year. “I’m pleased to sign legislation
that will help protect our state’s most vulnerable citizens
in the long-term care facilities they call home,” Granholm
said. “By requiring background checks on new employees,
we can ensure that people who shouldn’t have access to our
parents and grandparents don’t.” In September 2005,
Granholm stood with health care providers and a bipartisan group
of legislators to call for improved safety standards in long-term
care facilities by requiring background checks for all new employees.
“This legislation makes Michigan a leader at the national
level by requiring federal checks of all new employees who have
direct access to elderly and disabled patients,” said Janet
Olszewski, director of the Michigan Department of Community Health
(MDCH). Last fall, MDCH received $5 million in federal monies
to implement the proposed background-check system. In order to
participate in the grant, Michigan needed tough, new laws that
required background checks on individuals who provide direct-care
services to individuals in a long-term care facility. The background
check must be conducted prior to an individual’s employment
or conditional employment. Michigan will incorporate most types
of providers into its background-check pilot project, including
skilled nursing facilities/nursing facilities, long-term care
hospitals/hospitals with swing beds, intermediate care facilities
for persons with mental retardation (ICF/MR), home health agencies,
residential care and assisted living facilities, and hospices.
For more information
go to: http://www.miltcpartnership.org/MainSite/news_release.htm
Florida
State Attorney General Files “false-claims case” Lawsuit
against Convergys Corp.
Florida State
Attorney General Charlie Crist is pursuing a “false-claims
case” against Convergys Corp., according to the Miami Herald.
The politically charged case stems from allegations by former
Convergys employee Sam McDowell that the Cincinnati-based HR services
company failed to safeguard confidential information about Florida
state employees, such as Social Security numbers and medical records.
The decision comes just weeks after McDowell filed court motions
accusing Crist of “refusing to act on complaints about the
company because Convergys contributed to Crist's campaign for
the Florida governorship,” according to the Cincinnati Business
Courier. Crist is one of two Republicans running to replace term-limited
Florida Gov. Jeb Bush in a September primary. It is unclear how
much money Convergys may have donated to Crist’s campaign.
For More Information
go to: http://home.ezezine.com/403/403-2006.04.25.11.28.archive.txt
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results will be reported in the next edition.
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A FREE AD IN THE BACKGROUND BUZZ: |
Suppliers
and vendors who provide products and services to the Background
Screening Industry are an essential part of the industry and have
been integral in the growth of the industry. Our Vendor Showcase
is the only Directory on the Internet that is specifically focused
on FEATURING suppliers and vendors to the Background Screening
Industry. We are committed to your success so we are making you
an unbelievable offer - with the purchase of a Platinum membership
listing in our Vendor Showcase for the discounted price of $450.00
we will give you a Free Platinum ad in The Background Buzz. That
is a $450.00 value for Free. This will bring your company's message
to the desk top of over 1500 background screening firms.
This is a limited time offer that will expire
at the end of June 2006.
Contact Barry Nixon at wbnixon@aol.com
to FEATURE your company in our Vendor Showcase, today!
Jurors'
Criminal Records Discovered During or After Trial Can Trigger
Mistrials
Many in the
legal profession -- particularly prosecutors -- are calling for
background checks on jurors. Lack of truthfulness on jury questionnaires
is a growing problem that is prompting calls for criminal background
checks of jurors. Jurors' criminal records are being discovered
during or after trial, triggering mistrials and providing grounds
for appeal across the country. Most prosecutors view the background
check as a solid investigative tool that helps them weed out the
liars early on, and avoid a mistrial down the road. In the 2000
landmark case that granted prosecutors that broad authority, the
Virginia Court of Appeals ruled that it isn't unfair for prosecutors
to conduct criminal background checks on jurors and withhold the
information from the defense. Salmon v. Commonwealth of Virginia,
529 S.E.2d 815. "It works," said Suffolk County, Mass.,
District Attorney Daniel F. Conley, who in the last year and a
half has had more than a dozen potential jurors dismissed from
cases for lying about their criminal pasts. "We believe that
we are getting juries that are open minded, that are not carrying
a bias to police or prosecutors."
For More Information
go to: http://www.law.com/jsp/article.jsp?id=1147251931043
Cable
Installers & Criminal Backgrounds
KSDK I-Team
reporter Mike Owens discovered that the person sent by a cable
company is not necessarily someone you would want working in your
home. He found that Charter Communications in St. Louis subcontracts
much of their service work to outside companies. The contractors
are licensed, bonded and insured. But no one, not Charter, not
local governments, knows whom these subcontractors hire and send
into your home. This came to light base on a case in which the
cable guy that came to Evan Buxner's house may have stolen jewelry.
Police arrested James Hickman, the cable guy and charged him with
stealing. In another situation News Channel 5 ran a simple check,
on a subcontracted employee and discovered two orders of protection
have been filed against him and he is wanted on three outstanding
traffic tickets. Even though he was driving his own vehicle, which
is registered in his name, his driver's license has been suspended.
Based on information
found at http://www.ksdk.com/news/news_article.aspx?storyid=96580
2005
EMPLOYERS’ BACKGROUND SCREENING PRACTICES SURVEY RESULTS:
|
In June of
2005, The National Institute for the Prevention of Workplace Violence,
Inc. conducted a survey on the current practices that businesses
were using to conduct background screenings. The survey explored
in depth the full realm of checking applicants backgrounds ranging
from the types of checks conducted, to the content contained in
background screening policies to key selection factors in choosing
an outsourced background screening firm.
Click
here to see the preliminary results
Getting
Your Ezine Started
To help you
move forward with your Ezine here is a checklist of items to consider:
- How many
people will need to be involved in producing your ezine? You
will need to identify who will create the artwork, template
and format; who will write the articles or find them; who will
manage the distribution process; who will manage the email database
(adds, remove, bounces); who will ensure you are abiding by
all privacy and spam laws; who will proofread to make sure there
are no errors, etc.
- How much
time do you want to allocate for you and your staff to the creation
and distribution of the ezine? This will be impacted by how
frequently you decide to publish, the length, the themes, the
type of information you want to present, the method you choose
to distribute the ezine, how you choose to source articles,
etc.
- How much
money do you want to spend on the ezine? This will be impacted
by frequency, decision on producing internally or outsourcing,
determining HTML or text format, purchase of email database
management software or use of internal IT staff, etc.
Once you decide
the answers to these questions you will be ready to go.
If this feels
like more than you anticipated or something that you don’t
want to get mired down in the details of we can help. We private
brand The Background Buzz and can take care of
the creation of your ezine for you. We will create a unique header
and title for your ezine and provide you background screening
related content (we take out all advertisements and references
to competitors).
We have already
done the research. We know the details involved in publishing
an ezine. Put us to work for you and stay focused on building
your business. Contact Barry Nixon for more information at wbnixon@aol.com.
NEW
BACKGROUND SCREENING AND WORKPLACE VIOLENCE PREVENTION TRAINING:
|
HRTutor.com,
a pioneer in the delivery of affordable, online training, is pleased
to offer a Background Screening & Violence Prevention
Suite, built with the guidance and expertise of W. Barry
Nixon, SPHR of the National Institute for the Prevention of
Workplace Violence, Inc.. This suite of courses offers 5 PHR
Recertification credits and is designed for individuals responsible
for background screening processes, violence prevention, and overall
risk management and safety in the workplace.
Special
Introductory Pricing - receive a 10% discount. We are pleased
to be able to offer the same discount to your clients if you would
like to share this training suite information with them. Contact
Barry Nixon at wbnixon@aol.com
for instructions on how to get the discount.
DATA
PROTECTION & PRIVACY: |
Workplace Privacy: What Every Employers Should Know
Lisa J. Sotto and Elisabeth M. McCarthy*
Employers
must juggle a panoply of privacy issues when it comes to
the employee relationship. Beginning with pre-employment
background screening through the disposal of employee personal
information, employers confront a multitude of privacy issues.
The widespread use of technology in the workplace and the
ease and speed with which information now flows has only
served to further confound employers. In the U.S., there
is no omnibus employee privacy law. Instead, employers are
faced with a patchwork of privacy laws that are varied and
complex. This article focuses on two employer privacy issues:
background screening and the disposal of consumer report
information.
To
Read the Complete Article go to: http://www.workplaceviolence911.com/servlets/wpvDoc?action=display&key=2038
JOB
BOARD DEDICATED TO THE BACKGROUND SCREENING INDUSTRY
LAUNCHED |
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GETTING ADDITIONAL SALES OPPORTUNITIES TODAY:
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PLATINUM
MEMBERSHIP HAS IT’S PRIVELIGES
- You are provided a full page to display your
marketing message.
- Your web site URL appears with your listing
and is linked to your web site so potential clients can go directly
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visitors directly to your sales staff. Your logo will rotate
on the front page giving you a substantial advantage over non
Platinum members.
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will be placed at the top of the page along with other Platinum
member’s logos in the alphabetical and geographical (US
or International) sections.
- On your specific alphabetical and geographical
(US or International) page your firm’s logo will appear
at the top ahead of all other non platinum listings.
- You can update your ad copy at no charge if
you introduce new products and services or your marketing campaign
changes.
CLICK
HERE TO LEARN MORE ABOUT PLATINUM MEMBERSHIP AND TO BECOME A PLATINUM
MEMBER TODAY
Many
U.S. Multinationals do Little to Meet Overseas Employee Data Privacy
Rules
While some multinationals take employee data guidelines
seriously, many firms haven’t done much to meet privacy
law, analysts say. And employee privacy is more than a mere compliance
matter, says Nuala O’Connor Kelly, chief privacy leader
at General Electric. A breach of employee data could be as damaging
to a company’s reputation as a consumer data breach, she
says. General Electric is in the midst of getting European approvals
for a worldwide employee privacy policy it has drawn up—a
policy that could serve as a model for other firms. "Privacy
is to the information age what the environment was to the industrial
age," O’Connor Kelly says. These rules are looming
larger these days because ever-more international firms are seeking
to consolidate their workforce data and use it to make better
decisions. What’s more, the rise of outsourcing has increased
the amount of employee data zapped outside of companies and countries.
For More Information go to: http://www.workforce.com/section/10/feature/24/36/92/index.html
Australian
Background Checking Service (AusCheck) will manage security checks
for port worker cards
Documents
from the Attorney-General's department criticise the plan to introduce
Maritime Security Identification Cards and raise concerns that
the delays that stymied the introduction of Aviation Security
Identification Cards earlier this year could be repeated. Both
schemes are designed to ensure workers in the transport industry
are screened to protect against terrorism and crime. From July,
a new body in the Attorney-General's department called AusCheck
- the Australian Background Checking Service - will assess applicants
for the port worker cards. When fully operational, AusCheck will
be used for background checks in other industries.
For More Information
go to: http://www.theaustralian.news.com.au/story/0,20867,19097059-5001561,00.html
UK
Experiences Massive surge in fraud in 2005
Fraud rocketed
in 2005, with a surge in the second half of the year resulting
in over £900m of fraud – up nearly three times from
the previous year (£329m), and the highest recorded level
since 1995, according to KPMG Forensic’s Fraud Barometer.
The research which identifies major fraud cases being heard in
the UK (charges of over £100,000 in the Crown Court) saw
222 cases reaching court over the course of 2005, up from 174
cases in 2004. Jeremy Outen, partner at KPMG Forensic, said: “There
has been a worrying boom in fraud in recent months . . .With both
the number and the average value of frauds increasing, companies
and individuals need to be more watchful than ever.” Cases
against financial institutions include instances of an employee
feeding information or sending funds to outside accomplices. Two
such cases in the last sixth months were between them worth nearly
£1m. The issue of employees placed or groomed by criminal
gangs is one that has been flagged in recent months by the Financial
Services Authority.
For More Information
go to: http://www.kpmg.co.uk/news/detail.cfm?pr=2425
Culture
Clash: Customs Can Impact Processes, Too
Cultures and customs vary greatly among countries,
adding factors to consider when doing background checks. In Asia,
for example, taking into consideration family connections and
affiliations can mean the difference between a good and an unacceptable
background check. In China “the extended family is a core
part of life, and you have to understand where this person's extended
family lives and who they are," says Charles Champagne, director
of marketing and strategic development at Hill & Associates.
A family member who obtains a job at a particular manufacturer
may siphon off that company's intellectual property to a cousin
who owns a competing company. "Within six months, their products
are being counterfeited throughout China," Champagne says.
Part of the issue concerns ethics and integrity, he says, "They
won't necessarily feel like they are doing something bad by deliberately
sending business toward a family member or friend," Champagne
says. There are many other potentially volatile cultural issues.
In some countries, for example, people may be offended if the
background checker pulls a credit report. In others, a gap in
a voter registration record based on your addresses may lead people
to assume you were incarcerated. And in still others, certain
political crimes that may not be offensive to Americans are considered
unacceptable.
For More Information
go to: http://www.informationweek.com/story/showArticle.jhtml?articleID=165702656
2006
Background Buzz MEDIA RATES: |
Click
here
for more information about advertising in The Background Buzz
and PreemploymentDirectory.com (Sections: US Provider, International,
Vendor Showcase.)
Business
Forums International’s 2nd Annual European Pre-Employment
Vetting & Screening Conference -16 June 2006 – Stockholm,
http://www.bfi.co.uk
SHRM
20006 Annual Conference & Exposition, June 25 –
28, 2006, Washington, DC Convention Center – see http://www.shrm.org/conferences/annual/
Global Security
China 2006, Shenzhen Convention & Exhibition Centre,
Shenzhen, China5 - 7 September 2006, http://www.globalsecchina.com/docs/GSC-brochure.pdf
BACKGROUND
SCREENING ARTICLES IN PRINT: |
Getting
Wise to Lies, by LISA
TAKEUCHI CULLEN, Time, May 1, 2006
Alarmed about the prevalence of résumé padding,
employers are turning fib detection into an industry
Workplace
Aggression is Common, Human Resource Executive, May 2006
According to: “Prevalence of Workplace Aggression
in the US Workforce: Findings From a National Study, published
in the Handbook of Workplace Violence in February” close
to 47 million American workers are victims of aggression, facing
psychological and physical attacks at work.
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