Privet! Well, its’ official. Fall is here. Hold on because soon we will start hearing about the Holidays. With all the craziness that is happening with our Financial markets it will be very interesting to see the impact that this will have on consumer confidence and Holiday shopping. Retail stores could be in for a hard winter.

I am looking forward to seeing many of you in Scottsdale at the NAPBS Mid-Year Conference. Please be sure to come by our booth to say hello and to try your luck at winning a Bose QuietComfort Headset. Also if you have not received a copy of our landmark publication, The Employment Screening Journal please come by and get one.

PS – Privet is hello in Russian

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2008 ASIS International Background Screening Update and Report

The attendance at this conference was off this year. We are still waiting on the official number from ASIS International, but I am pretty sure they will report fewer than the 24,000 attendees for 2007 and even fewer than the 22,000 reported for 2006. This year we spent only one and a half days on the exhibit floor whereas last year it took two full days. Maybe we were more efficient or maybe it was because there were fewer CEOs in attendance. There were only 24 companies to visit vs. 31 last year.

The breakdown was like this: Click Here to see the breakdown and read the full article on the 2008 ASIS International Conference by Bruce Berg and Evan Zatt.

A Group of CRAs Join Together to Protect Consumers From the Threat Posed By The Offshoring of Personal and Private Data

ConcernedCRAs is a group of like-minded CRA's (Consumer Reporting Agencies) who are concerned with the business practices of some CRA's who send the personal identifiers of applicants off-shore to be process where there is no protection and their clients and the applicants are unaware that this is happening. See No Off-Shoring for more information. In addition we are concerned about CRA's who use the "National Criminal Databases" as a sole source for criminal searches without telling their clients the downfalls of these databases. See Responsible Criminal Databases for more information.

For More Information About ConcernedCRAs Go To: http://www.concernedcras.com or contact them at info@concernedcras.com

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 nonteaching 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

Businesses Urged To Eye Employee Backgrounds Carefully

A Jackson teenager arrested Saturday is the latest person in the metro area to be charged with robbing his employer. As a result, Jackson police are advising businesses to step up background checks and employee screenings. Also, "businesses should train management to watch out for out-of-the-norm behavior," said JPD spokesman Lt. Jeffery Scott. "Watch for people who tend to deviate from the established security procedures." Police believe 17-year-old Vincent Smith helped plan and execute the armed robbery of McAlister's Deli on East Northside Drive. The deli robbery happened about 11 p.m. Thursday when two armed men entered through a back door and took cash. Police have not said how much money was stolen. The restaurant's general manager could not be reached Saturday for comment. Smith has been charged with armed robbery and conspiracy. Sandra Stammberger, of www.backgroundcheckmaster.com, says employers should also follow up on character references and work histories. Not checking for character issues such as honesty and work ethic is "like handing your wallet to strangers and assuming that it will be returned intact," Stammberger said.

For More Information Go To: http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080824/NEWS/808240418/1001/news

Background Screenings Critical To Mitigate Risk To Businesses And To Protect Employees

When the powerful U.S. government has a tough time determining if one of its employees -- an employee in a highly sensitive area -- is mentally unstable and potentially dangerous to others, what kind of outcome can private employers expect? Experts say the use of screening tools to reduce the risks associated with hiring or retaining a person who may turn to violence can be effective and worth the cost, but no system is infallible.

In the government's case, Bruce Ivins, who recently committed suicide after being named the likely suspect for the notorious anthrax killings in 2001, is now being described as "deeply disturbed" by the government itself. "One of the best predictors of how a person will act in the future is his or her past actions," says Pamela Devata, attorney with the Labor and Employment Practice Group of Seyfarth Shaw LLP. "This is why running periodic background checks and screenings on employees or potential employees is imperative. "It not only mitigates risk to the employer but more importantly, it increases the safety of the person's co-workers," she says. Traditionally, employers have used background screening for job applicants, but there is an emerging trend for the use of such tools for current employees, says Nick Fishman, chief marketing officer and executive vice president of Cleveland-based employeescreenIQ. Cost-wise, Devata says, screening both job candidates and current employees typically is worth it. But some employers, with the economy in the doldrums, now see background screening as a luxury.

For More Information: http://www.hreonline.com/HRE/story.jsp?storyId=118921356

Congratulations To Softech International for Being Ranked #22 Fastest-Growing Hispanic Business

Who would imagine that a small business could create such a big buzz! Softech International received prestigious recognition in the August 2008 issue of the very influential Hispanic Business Magazine. It was ranked #22 on their list of “The Hispanic Business 100 Fastest-Growing Companies” and #217 on their list of “The 500 Largest Hispanic-Owned Businesses.” A spokesperson for Softech, Reid Rodriguez, the Chief Operating Officer, acknowledged that this was indeed a great honor and attributed much of the company’s success to its loyal and valued clientele.

To Find Out More About Softech International Contact – Reid Rodriquez at 1.888.318.7979 or email him at info@softechinternational.com or visit their web site at www.softechinternational.com

National Campaign Launched to Educate Employers and Consumers to the Necessity of Criminal Background Checks to Protect Consumers in Their Homes

The Consumer Awareness of Unsafe Service Employment (C.A.U.S.E.) Certification campaign was launched at a program at The Grotto in Highland Village. August 27, 2008 marked the seven year anniversary of the death of Sue Weaver, who was raped and beaten to death in her suburban Orlando home by a worker sent to her home to clean her air ducts. Although he was a twice-convicted sex offender on parole, the company did not do a background check before hiring him. Sue’s sister Lucia Bone, founded The Sue Weaver C.A.U.S.E. in Sue’s memory. “C.A.U.S.E. leads a national nonprofit campaign to educate employers and consumers to the necessity of criminal background checks and to promote C.A.U.S.E. Certification,” she said. “We have to educate the public about hiring practices. Bonded and insured does not mean a criminal background check has been performed on the workers. C.A.U.S.E. Certification is designed to offer safety conscious consumers a means of identifying service companies that take their safety seriously. “Our homes should be our sanctuaries – they should feel like the safest place in the world.” Texas Governor Rick Perry wrote in his recent letter to The Sue Weaver C.A.U.S.E.

For more information and to apply for C.A.U.S.E. Certification, please visit www.SueWeaverCAUSE.org

SkillSurvey Names Joe Klimowicz as Vice President, Technology

SkillSurvey™, Inc. the pioneer in on-demand reference checking, announced that Joe Klimowicz has joined the company as vice president, technology. Klimowicz is responsible for managing the design, development and deployment of SkillSurvey’s Web-based reference checking technology. SkillSurvey Pre-Hire 360™, named a Top 10 Product of 2007 by Human Resource Executive®. "Joe is a tremendous addition to our executive team," said Ray Bixler, SkillSurvey's president and chief executive officer. "He shares our commitment to help customers improve their quality of hire through our highly predictive technology. His broad experience in business, client-focus and technical expertise will make him extremely effective in this position." SkillSurvey is the leading provider of online reference assessment solutions that increase quality of hire and improve recruiting efficiency. Using SkillSurvey, organizations improve the quantity and quality of information they collect regarding a candidate’s past performance, resulting in a significant reduction in time and money spent on reference checking. This breakthrough, patent-pending approach to reference assessments is based on over 25 years of research in job competency modeling. More information is available at www.skillsurvey.com.

For More Information Contact: Erika von Hoyer VP, Marketing SkillSurvey, Inc 610-727-4161 info@skillsurvey.com

As the background screening industry continues to get more competitive the firms that will ultimately succeed will be those that create competitive advantage through their people by offering continuous learning opportunities to heightened their knowledge and capabilities. We believe that having employees that are very knowledgeable about the legal landscape of background screening is essential to continued success.

We are grateful to Pam Devata, Seyfarth Shaw LLP for providing the expertise for this valuable endeavor. For information regarding the answers to the Legal Challenge Questions, please contact Pamela Devata at Seyfarth Shaw LLP at pdevata@seyfarth.com or 312-460-5000 or visit www.seyfarth.com.

Please choose your answer by clicking on it:

If sued under the FCRA, a CRA could be potentially liable for: a) punitive damages with a cap of $1,000 per violation b) punitive damages with no cap, actual damages, and attorney's fees c) actual damages and attorney's fees only d) punitive damages and attorney's fees only

2009 Budget Season is Here! We Specialize in Promoting the Products and Services of businesses in the Background Screening Industry. Advertise with us in 2009: The Background Buzz (special opportunity in Legal Challenge) PreemploymentDirectory.com eDirect Mail Announcements and Releases The Employment Screening Journal Special Promotional Releases of our Specialty Booklets (see example with Comprehensive Guide for Selecting a Background Screening Firm) Private Label Newsletter

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

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

Background Screening and Investigations Managing Hiring Risk from the HR and Security Perspectives By W. Barry Nixon, SPHR and Kim Kerr, CPP 352 pages 16 ills Copyright 2008 USD 49.95, Reference Butterworth-Heinemann Title ISBN: 978-0-7506-8256-5 To Order Go To www.PreemploymentDirectory.com and click on the book cover

To Read Reviews of the Book Go to www.PreemploymentDirectory.com

The Safe Hiring Audit: The Employer’s Guide to Implementing a Safe Hiring Program, Authors: Lester S. Rosen, Michael Sankey This unique resource provides a modern blueprint that enables hiring personnel and managers to audit and evaluate their current hiring practices for legal compliance and best practices. The 25 audit questions isolate potential problems and providethe needed instructions on how to make necessary corrections. In-depth details include companywide hiring policies and procedures, legal compliance with the Fair Credit Reporting Act, compliant applications and interviews, and use of criminal record information. The tools and implementation guidelines provided are essential for both small business owners and major corporations. To view table of contents go to - Visit www.brbpub.com/books/toc/ or For More Information and To Order Go To: www.brbpub.com

We can help you have a high quality e-newsletter to help nurture your relationship with your clients and attract new clients. Our customized newsletter service will take over your newsletter task or create a new one for you. We can manage the creation of your newsletter for you.

We are constantly researching information to use for The Background Buzz and you can put our research to use for you. Using the information rich content from The Background Buzz (minus the ads and competitors information) we will create a custom newsletter for you.

Use your staff’s time to do more valuable work and save all the hassle of researching or writing articles, formatting and managing all the other ezine tasks with our customized ezine process.

Contact Barry Nixon at 949-770-5264 or at wbnixon@aol.com for more information.

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Visit PreemploymentDirectory.com’s VENDOR SHOWCASE which features suppliers to the Background Screening Industry (go to www.PreemploymentDirectory.com, click on ‘Click Here’ and then scroll down to Vendor Showcase for Background Screening Industry Suppliers)

Are you interested in keeping up with the latest developments on the world wide web and with web site technology from a business owner or business development perspective? If so you may want to sign up for Web Site Magazine. It is complimentary and written in a straightforward, easy to read and understand manner. It is published in hardcopy.

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

Toronto Transit Workers Face Drug Tests

The Toronto Transit Commission has adopted a fitness-for-duty policy that allows for drug tests of new applicants and employees, if there is a reasonable suspicion of impairment, after an incident or accident, if the person has a past violation for drug or alcohol use on the job or before an individual who has undergone treatment for addiction returns to work. But union members will refuse to submit to drug testing unless the specifics of the policy are approved by their bargaining unit the Amalgamated Transit Union Local 113.

For More Information Go To: http://www.hrreporter.com/loginarea/members/viewing.asp?ArticleNo=6366

The Unique Challenges to Privacy Rights Posed by the Internet and Other Emerging Technologies

In a short articled entitled “Privacy Law, the Web” Ben Spaulding stated that privacy on the web seemed analogous to ice cubes in hot chocolate – the one simply dissolves the other. Do privacy and the Internet exist in a zero sum relationship? Do advances in Internet technology necessarily equate to the eventual loss of privacy on the Internet?

For Canadians, privacy and the protection of personal information is an important value that entails more than what Justice Louis D. Brandeis termed “the right to be let alone” – it includes the notion that individuals should control how their personal information is used, collected and disclosed. The right to go about our daily lives anonymously is also a fundamental aspect of privacy rights in Canada. In fact, privacy rights in Canada enjoy elevated status; Canadian courts have had no hesitation in classifying the Personal Information Protection and Electronic Documents Act (“PIPEDA”) as a fundamental law of Canada, just as the Supreme Court of Canada ruled that the Privacy Act enjoyed quasi-constitutional status. The personal information of individuals has, in part due to the advent of the Internet, become an increasingly valuable asset. Some sources have even been able to determine the value of personal information stolen from individuals and an entire industry of data brokering has been created online that specialize in the compiling, analysis, and selling of personal information to individuals and organizations.

For More Information Go To: http://www.privcom.gc.ca/speech/2008/sp-d_080327_lc_e.asp

China Hiring Trends

China was the only bright spot in the most recent Hudson hiring survey (2nd QTR 2008).China’s lead in economic growth makes it likely that it’s lead in job generation will continue into the mid-term future at least. It’s nice to be the leader of the pack. Most companies around Asia are currently pulling back executive hiring plans, and the general tone is one of pessimism. Unfortunately, the slowdown seems to be restricted to actual hiring numbers, and there is little pressure off salary inflation for new hires. ‘Pay me more money because things are more expensive’ has replaced ‘Pay me more or I take a better paying job’ as the new mantra. According to Hudson, Hong Kong, followed by Japan, will see the sharpest slowdown in executive hiring, with only 42 percent of survey respondents in the Chinese territory planning to hire this quarter, down from 57 percent in the second quarter. Overall the attitude of hiring managers is one of caution, not fear. But the negative news keeps coming in. What I am hearing from managers in China is that they are not sure about the overall economic climate, but that 2009 will see some sort of slowdown in their industry. Individual cases, such as semiconductors, textiles, paper, shoes and packaging are already exhibiting signs of a slowdown, some serious.

For More Information Go To: http://english.talent-software.com/?p=714

The Truth Of The Matter

An impressive resume had got Rita her present job three years ago. But, when an international firm acquired her company recently, and decided to subject all employees to a background check, it was revealed that Rita had been fired by her previous employer. Nearly 40 per cent of all resumes contain false or misleading information, according to a study. Therefore, companies should not only conduct pre-employment screening, but also verify existing employees' claims every year or 18 months to limit liability at the workplace, say HR experts.

Some companies screen employees every year as they handle sensitive information. Tests may be required when a large company acquires a smaller firm and the new employer mandates verification. Infinity screening BPO and IT companies go in for regular screening checks for employees who travel globally on long stints on work permit. Rescreening may be done to strengthen risk management processes or as a semi-marketing tool to add to the brand value. According to Ashish Dehade, MD - West Asia, First Advantage Private Limited, a candidate whose background has been screened and found to be 'clear' doesn't become 'clear' for the future as well. He/she may commit a crime after the background screening has been conducted and thus relevant risks related to employing such staff remain. "Our company recently introduced the concept of 'Infinity screening' in India - which is all about checking criminal records of existing employees on a regular basis," says Dehade.

For More Information Go To: http://in.news.yahoo.com/32/20080909/1056/tnl-the-truth-of-the-matter.html

Check Background Of Former Iraq Contractor Employees

The US law which permits up to 5000 Iraqis who have previously worked for the US government or its defence contractors toresettle in America is reportedly at high risk for fraud and abuse, with as many as 25% of those approved not having worked in those specified slots.

For More Information Go To: http://www.world-check.com/articles/2008/09/08/check-background-former-contractor-employees/

UNITED KINGDOM Dismissed IT Staff Will Steal Your Secrets – If you Let Them If the looming recession means redundancies at your workplace, exercise extreme caution when it comes to dismissing your IT guys - that’s the stark warning from privileged identity management specialist firm Cyber-Ark. Its annual survey into “Trust, Security & Passwords” amongst 300 IT security professionals has revealed that 88% of IT administrators, if laid off tomorrow, would steal valuable and sensitive company information. The target information includes the CEO’s passwords, the customer database, R & D plans, financial reports, M & A plans and most importantly the company’s list of privileged passwords. Only 12% would be honest enough to leave empty handed. The privileged password list provides the keys to unlock access to every piece of information that’s on the network, of the 88% that said they would take valuable information with them a third of devious IT administrators would take the privilege password list which would give them access to all the other sensitive and valuable documents and information such as financial reports, accounts, salaries and other privileged and highly sensitive information. For More Information Go To: http://www.itrportal.com/absolutenm/te mplates/article-printhard.aspx?articleid=5 198&zoneid=21 VATICAN Vatican Catches Impostor Priest Vatican security officials have caught a man in clerical garb attempting to pass himself of as a priest who wanted to hear confessions in St Peter's Basilica. Vatican City Judge Gianluigi Marrone said the man was wearing clerical garb and carried documents alleging he was a priest. The man was stopped and his documents checked, and although he had what appeared to be legitimate documents when his documents were checked with Italian authorities they were not valid. Source: Impostor pastor collared in confession (Sydney Morning Herald, 7/7/08) http://www.cathnews.com/article.aspx?aeid=8004

We have enhanced our International Resource Center to be a valuable resource for anyone looking for information on doing international background verifications, vetting or verifications. It includes information on international data protection and other laws, terrorist searches and much more. Also included is very practical information on time zones, locating cities, holidays in different countries, etc.

New Information Added:

AURADATA! Canada’s premier education verification service.

AURADATA is an information repository for employers and institutions to confirm the education claims or professional designations of an individual that has graduated at any Canadian University, College and/or Professional Association.

Federal and Provincial legislations in Canada require permission to research any information identifiable to an individual and the best proof of authorization is a signed release. AuraData requires signed authorization by the subject before releasing any information.

For Further Information Go To: http://www.auradata.com/

International Training Resources

We have added International Training Resources to the International Resource Center. We update this section monthly. Bookmark this valuable resource so you can quickly find the information you need.

To view the International Section go to http://www.preemploymentdirectory.com/ and look under the gray line like below in the middle of the page:

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

2008 Events (Click Here to View full list of 2008 Events) – Updated Monthly

SHRM State Conferences, visit http://www.shrm.org/conferences/state/CMS_004287.asp

Drug and Alcohol Testing Industry Association (DATIA), 2008 Training Course Schedule, visit http://datia.org/

2008 Mid-Year Conference, October 12-14, 2008, Radisson Fort McDowell, Scottsdale/Fountain Hills, AZ National Association for Professional Background Screeners (NAPBS), 2008 Webinar Schedule, visit http://www.napbs.com/content.php?id=289

World Federation for Personnel Management, Events, http://www.wfpma.com/dates.html