Editor’s Message

Hello.

On behalf of our entire staff, I am pleased to announce the release of VeriFirst’s latest “Service F1RST” initiative –The VeriFirst News. As a valued partner and user of our background screening services, your company relies on the most up-to-date compliance and newsworthy information. For this reason, content for The VeriFirst News will be researched and developed on a monthly basis, and distributed directly to your email inbox.

If you have questions regarding a news article or related topic, please contact your Account Representative for additional support and information. Or, if you have Company news that you would like to share with our Community, please contact our client Support Department so we may work this into one of our upcoming editions.

Thank you for your trust and partnership; it is our pleasure to serve you.

Ryan M. Howard
Vice President, Business Development
VeriFirst Background Screening, LLC

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NEWS

School Workers Paying To The Piper: Searches Of Old Criminal Records End School Jobs School Workers

Sweeping changes in state laws intended to keep students safe have uncovered criminal offenses -- some decades old -- that are costing school employees their jobs. The impact has been especially evident among non-teaching employees who, until this year, did not have to undergo the kind of comprehensive background checks done for teachers. Now, staffers such as custodians, secretaries and cafeteria workers may face dismissal for newly unearthed offenses committed years ago. Statewide, it's unclear how many school employees are in facing this predicament. The Ohio Department of Education doesn't keep track of non-licensed employees, and a union representing such non teaching staff also had no tallies available.

Click here to learn more about Ohio laws about school records checks http://blog.cleveland.com/metro/2008/09/searches_of_old_criminal_recor.html

Global Manpower Employment Outlook Survey Reveals Employers in 25 of 33 Countries and Territories Surveyed Set to Slow Hiring From Three Months Ago

Outlooks remain relatively stable in France and Germany while job prospects expected to weaken from three months ago in the U.S. and U.K.Job seekers can expect a slower fourth-quarter hiring pace in the majority of the world's labor markets, revealed the Manpower Employment Outlook Survey of global hiring trends released today by Manpower Inc. (NYSE: MAN). While more subdued employer hiring forecasts continue to reflect current economic challenges and uncertainty, reports from employers in Austria, Belgium, the Netherlands, Canada, France, Germany and Sweden indicate that hiring in many markets is expected to be steady in the next three months. "The recent downturn is weighing on the minds of employers. They are not conducting widespread layoffs across all industry sectors, which is encouraging; yet, we are not seeing much appetite to add staff either," said Jeffrey A. Joerres, Chairman and CEO of Manpower Inc. "Some key markets, such as the U.S., U.K. and Spain are clearly struggling to gain traction in the current downturn, while others, such as France and Germany, appear to be holding their own. In the coming months we will continue to see employers around the globe making do with the people they have, finding ways to contain costs and being very cautious about hiring decisions."

For More Information Go To: http://www.manpower.com/investors/releasedetail.cfm?releaseid=333065

LEGAL ISSUES

Five years after California's landmark SB 1386, our interactive map shows you which 38 states have passed laws requiring companies to notify consumers whose personal information has been compromised. [UPDATED 7/28/2008] This map will help you sort them out the varying requirements of these laws. Click on any state to see highlights from that state's law. (The gray states do not yet have disclosure laws - exceptions noted above.) For more explanation, see the text below the map.http://www.csoonline.com/article/221322/CSO_Disclosure_Series_Data_Breach_Notification_tate

Justice Issues Guidance on Discrimination During Employment Verification

The Department of Justice’s Office of Special Counsel (OSC) warns that an employer who receives a no-match letter from the Social Security Administration and terminates employees without attempting to resolve the mismatches, or who treats employees differently “or otherwise acts with the purpose or intent to discriminate based upon national origin or other prohibited characteristics,” may be charged with discrimination.

(Get additional guidance on the Justice Department’s discrimination policy from the OSC web site. Employers may contact the agency at 1-800-255-8155 (1-800-237-2515 for the hearing impaired).

DRUG TESTING ISSUES

DOT Delays Implementing Direct Observation Requirement in Return-to-Duty and Follow-Up Drug Tests

Recognizing that “direct observation” collections “are, and always have been, controversial,” the U.S. Department of Transportation announced on August 26, 2008, that it was delaying until November 1, 2008, the effective date of a provision of its new drug testing rule (section 40.67(b)) requiring that employers assure all mandated return-to-duty and follow-up drug tests be conducted under such observation. In the meantime, DOT is seeking comments on this aspect of the rule until September 25, 2008. After that, it will “reconsider” this section and “may retain, eliminate or modify it,” according to a notice published in the Federal Register. For now, using direct observation for such tests remains discretionary. DOT’s action came in response to petitions filed with the Department by transportation industry and labor groups. The rest of the new rule, however, including the more intrusive procedure for “direct observation,” remains effective as of August 25th.

For More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1480

Using Drugs? Your Touch Will Give You Away

John Consoli wants to get rid of drugs in the workplace, one telephone handset at a time. - Consoli, is the president of On Site, whose company markets DrugWipe, a handheld narcotic detector. Just swipe the DrugWipe against a keyboard or any other surface, Consoli said, and the toothbrush-size detector can tell whether anyone who has touched the surface in the past 72 hours had drugs in his or her system. "It is 100 percent accurate," Consoli said. "It is the only product that I know of that is defensible in court."

To Read The Whole Article Go To: http://www.tampabay.com/news/business/workinglife/article818862.ece

To Test or Not to Test: The ADA and Pre-Employment Drug Tests

Today’s business professionals, well aware of the high costs associated with employee turnover, know that they can ill afford to make hiring mistakes, especially in a volatile business climate in which belt-tightening is the norm. Thus, organizations are pulling out all the stops to vet applicants properly, even as fewer dollars are allocated to recruiting and training new employees. Verifying experience and educational credentials, as well as confirming employment histories and checking references, have been staples of the recruiting process. However, in light of some disturbing revelations about illicit drug use in the workplace, many employers demand that applicants submit to pre-employment drug tests. OSHA found that 12.9 million (74.8 percent of illicit drug users) were employed either full or part time and employees who abuse drugs bring their problems with them to work in the form of lower productivity, increased absenteeism and turnover, increased health care costs, and a higher incidence of workplace theft and violence. However, before instituting a drug testing policy employers should be aware of how the Americans with Disabilities Act (ADA) views pre-employment drug tests.

For More Information Go To: http://www.hrtutor.com/en/news_rss/articles/2008/08-14-ADA-Pre-Employment-Drug-Tests.aspx

DATA PROTECTION, FRAUD & THEFT

Out of the Breach

New employees attending orientation at Atlantic General Hospital in Berlin, Md., barely have time to gulp down their first cups of coffee before Jim Brannon begins talking about privacy. The human resource chief at the 51-bed hospital serving the mostly rural population on Maryland’s Eastern Shore, Brannon begins a cautionary tale that hits home with his mostly female audience: At another small hospital a decade ago, he recalls, an irate patient called to complain that an employee had approached her in a group at church and congratulated her on being pregnant. The problem: The mother-to-be hadn’t told her friends and family. “This is a small town. People talk, and they want to be caring,” Brannon told two dozen new employees last May. “But that doesn’t mean they don’t deserve privacy.” The stakes are high for a hospital where an indiscretion by a single loose-lipped employee can result in huge penalties under the Health Insurance Portability and Accountability Act (HIPAA). Brannon says preventing slips has become a critical part of his job -- on par with traditional HR duties such as compliance with wage and hour laws.

For More Information Go To: http://www.shrm.org/hrmagazine/articles/0808/0808zeidner.asp

Why People Cheat

Wouldn’t it be nice if people prone to fraud had the letter “F” stamped on their forehead? You could monitor them closely and make sure they never had access to the accounting books or other sensitive information. Unfortunately, potential fraudsters are never that obvious. In many cases, employees who commit fraud are the most likable people in the office — personable, helpful and good at their jobs, as well as seemingly trustworthy. But fraud doesn’t begin with dishonesty; it begins with pressure. The pressure may be internal (corporate demands to meet revenue goals) or external (a desire to keep up with the wealthier Joneses), but it’s strong and unrelenting. One of the best defenses that may help keep fraud at bay is a strong antifraud environment. A culture that encourages honesty and fairness makes it that much more difficult for fraudsters to mentally justify their activities. Even so, it is essential to deploy a wide array of anti-fraud tools to keep occupational fraud in check — starting with aggressive pursuit and punishment. Indeed, as the likelihood of exposure increases, the likelihood of fraud decreases.

For More Information Go To: http://www.mcgoverngreene.com/forensicfocus/forensic_focus.html

5 Steps For Stopping The Insider Threat

The threat of insider fraud appears to be increasing. Insider data theft accounted for nearly 16 percent of all data breaches in 2008, up from 6 percent a year earlier, according to a study by the Identity Theft Resource Center. And perhaps more alarming, customer data stolen by an employee is misused more frequently than data obtained through an external breach, a recent study by ID Analytics reveals. Phil Neray, VP of database security company Guardium, says there are two main reasons for the rise in the insider threat: Demand for sensitive corporate data has increased, and there is now a thriving black market where fraudsters can buy and sell this type of data. "Also, most corporations have spent the last 10 years focusing on tighter controls around the perimeter of networks," Neray adds. "It's getting harder to break into firms from the outside in traditional hacking attacks, so the bad guys are focusing on how to use insiders to get to the data." So what can companies do to prevent the insider threat? Neray offers the following five steps:

For More Information Go To: http://www.wallstreetandtech.com/advancedtrading/showArticle.jhtml;jsessionid=N
CFYCZLN3UDOUQSNDLPCKHSCJUNN2JVN?articleID=210004190

Gangs Get Into Identity Theft

Identity theft is soaring in California, and street gangs are angling for a piece of the action. Recent cases point to an interest in identity fraud by organizations as diverse as a Long Beach chapter of the Crips, the Armenian Power gang and the prison-based Mexican Mafia, according to law enforcement officials and fraud experts. Gang members sometimes recruit corporate insiders, said Linda Foley, co-founder of the Identity Theft Resource Center, a San Diego nonprofit group. They visit restaurants and other hangouts, listening for people complaining about money troubles, then offer cash in exchange for information they can use in identity theft. Credit card fraud is the most common form of the crime in California, as it is in the nation. Employment-related fraud is No. 2. In California, that category tops the U.S. rate, which the study attributes to undocumented workers using stolen Social Security numbers. The value of that nine-digit identifier has risen, because new laws are making it riskier for businesses to employ illegal immigrants.

For More Information Go To: http://www.latimes.com/news/local/valley/la-fi-idtheft12-2008aug12,0,5321183.story

INTERNATIONAL

Background Checking And Job Applicant Testing Outside The US: A Guide To Multinational Pre-Hire Screening

Applicant screening methods in the US have proven helpful for keeping firms from hiring a criminal, someone with a bad work or credit history, an uncredentialed resume liar or an applicant whose skills or aptitudes don’t meet our needs. Perhaps our business case for screening out these bad applicants is every bit as strong overseas, where terminations are so complex and expensive. And if our business case for screening is global, why not align our practices globally? There is good news and bad news for US-based multinationals striving to align pre-hire screening globally.13 The good news is that multinationals can indeed craft a globally-aligned approach to pre-employment screening. The bad news is that doing so requires clearing some high legal and cultural hurdles, and adapting American methods for use abroad. Laws overseas that reach pre-employment screening are complex and varied. They reach background checks and written applicant tests in surprising ways. To craft a workable, globally-aligned approach to applicant screening, a multinational should take four steps: (a) Choose tools, (b) get local guidance, (c) adapt aspirations to foreign realities and (d) launch proactive Speaking broadly, the lesson here is that US-based multinationals might well be ahead of their overseas counterparts in appreciating the need to screen applicants by gathering information going beyond what the applicants themselves volunteer. But laws abroad, especially data privacy laws, erect compliance hurdles. Launching a global background-checking or pre-hire testing initiative takes patience, resources and a carefully considered strategy. In the end, though, the effort will quite likely produce valuable results.

To view all formatting for this article (eg, tables, footnotes), please access the original here. http://www.lexology.com/library/detail.aspx?g=15b96adc-a907-47ec-8254-d73a320782f0&l=6J3E6N2

WORKPLACE VIOLENCE

Stressed-Out Co-Worker? Know Signs And How To Offer Help At Office, Experts Say

Feeling stressed at work? Are you or your co-workers stressed out? Even in good times, it's not always easy to keep your cool on the job. But as the economy falters and layoffs sweep certain industries, many people are more worried than ever about job security - in addition to fretting over the value of their homes, the cost of college and a host of other issues. Making matters worse: Stressed-out bosses and co-workers tend to pass tension on to others. Most people can handle the strain. But what do you do when you think the person sitting next to you at work can't?

Indeed, employers may be held liable for failing to prevent the worst-case scenario - office violence. Warning signs include direct threats, menacing gestures or statements such as, "You wouldn't miss me if I were gone." [See the Unlucky 13 for a list of the most prevalent warning signs.] "If you are afraid of someone, there is probably a good reason," says Marina London, Web editor for the Employee Assistance Professionals Association and a licensed social worker. Experts say that someone who appears to be a threat should be dealt with immediately and carefully, with the help of security. But the vast majority of people suffering from mental stress in the workplace don't become violent, and the warning signs that something is wrong may be more subtle. In fact, by the time you notice that a co-worker has a problem, it likely has been going on for a while. That's why experts suggest intervening early.

For More Information Go To: http://www.azcentral.com/arizonarepublic/arizonaliving/articles/2008/08/28/20080828workstress0828.html

Need help with a with a workplace violence problem! Contact the National Institute for Prevention of Workplace Violence, Inc. at 949-770-5264 or Barry Nixon at wbnixon@aol.com