Aloha!
Well it is that time of the year where its out with the old and in with the new. And, interesting enough there may be more relevancy to this old adage then we might think. It is no question that the country and the background screening industry are facing unprecedented challenges. Unfortunately the stark reality is that the industry may see some sort of shake out as undercapitalized or poorly managed or otherwise challenged firms either don’t make it or are scooped up by bigger more stable firms. While it is a sad out look, it is the nature of business cycles.

In spite of the doom and gloom, we have some shining stars in the industry as several of our own continue to be the recognized for continuing to be in the fastest growing category, rated business of the year and then we have the newest ‘HRO Top Ranked Outsourced Screening Firms (replaces the bakers dozen from past years).’ I am proud to say that of the eleven firms named the top seven are Platinum Members in PreemploymentDirectory.com and overall eight of the eleven are Platinum Members.

I came across the following quote and I have to admit I love it. It delivers the message in a far better ways than I could have ever thought of – “Cutting your marketing budget during a recession to save money is like stopping your watch to save to save time.” Speaking of marketing please take a look at our new Portfolio of Services broken out into media kits for Background Screening Firms (CRAs), International Background Screening Firms and Suppliers to the industry.

Also please be sure to take a look at our new Human Resource Corner Column to read about a really provocative situation.

Last, but certainly not least, I would like to wish each of you a safe and enjoyable New Year’s celebration, but most of all I wish you a prosperous year in 2009.

Thanks for being a reader of The Background Buzz and we genuinely appreciate your continued support.

Happy New Year!

PS – Aloha is hello in Hawaiian

GOLD SPONSOR

HRO Today Releases The Top Outsourced Screening Services Provider List

In contrast to past years ‘Bakers’ Dozen’ this year HRO Today selected their ranking of the top background screening firms based on the input of buyers about their outsourcing experience. As a result, valid customer data were available for only 11 large providers in the marketplace, which may be an indicator of the fragmented nature of the screening services industry. While there are hundreds of vendors that provide employment screening services, most produce less than $500,000 in revenues. And among larger vendors, their ranks are shrinking through mergers and acquisitions. It was also noteworthy that HRO Today changed their terminology to refer to background screening firms as ‘Outsourced Screening Services,’ most likely to closer align it to outsourcing which after all is their focus. Lastly, in reading the article on their website it had much more of a marketing flavor to it then I recall previous releases of the ‘Bakers Dozen.’

To Read The Full Article and To View the Full Rankings Go To: http://www.hrotoday.com/magazine.asp?artID=2222

U.S. Department of Commerce Exploring Imposing Fees for U.S.-European Union Safe Harbor Framework

The success of a U.S. personnel data transfer security program designed to meet European Union (EU) standards is causing the United States to impose fees to use the program. In 2000, the EU approved the U.S. Safe Harbor Framework as meeting the standards of the data protection directive, and six U.S. companies joined the framework. There are now at least 1,700 U.S. companies participating, according to the U.S. International Trade Administration (ITA), which administers the program. Along with simple participation in the Safe Harbor Framework, U.S. companies are requesting Safe Harbor-related services, including education, outreach and counseling, the ITA says. Because of the growth in both the Safe Harbor Framework and in program requests, the ITA proposes establishing a two-tiered fee structure in which new clients are required to pay a $200 registration fee and existing clients would pay $100 per year to renew their Safe Harbor “certification commitment.”

For More Information Go To: http://www.export.gov/safeHarbor/

500 Texas Offenders Re-offend after Getting Records Sealed

More than 1,500 Texas offenders who had their records sealed from public view were charged with new crimes in the past two years. And about 10 percent of their 2,300 alleged new offenses were violent, including a handful of killings and sexual assaults. "Wow, that's a pretty high level of recidivism for a category that the Legislature was claiming were rehabilitated and not a danger to society anymore," said Williamson County District Attorney John Bradley. "I'm surprised that there are so many violent crimes." The statistics, obtained by The Dallas Morning News from the Department of Public Safety under state public-information law, offer the first glimpse of behavior in the "free world" by 14,000 people who invoked a 2003 law to have their records sealed. It also raises tricky questions about whether society, wielding an eraser or a court seal, can help give first time offenders a fresh start without impeding law enforcement and perhaps creating safety risks.

To Read More Go To: http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/121508dntswadjudication.3e18130.html

Report Finds Sex Offender Registries Often Inaccurate

According to a new report, 22 percent of state-level offenders have incomplete records, making it hard for agencies to locate them. Sex offender registries are often inaccurate and incomplete, undermining public knowledge about some of the nation's most reviled criminals, Justice Department investigators warn. The national sex registry is missing information on 22 percent of state-level sex offenders, the federal investigators found. Driver's license information, Social Security numbers and basic addresses are regularly absent, potentially leaving neighbors and police alike in the dark. "As a result, members of the public will not have the information they need to assess the threat posed by sex offenders in their communities," the Justice Department's Office of Inspector General cautioned. Multiple registries have sprung up since the mid-1990s. The FBI maintains the National Sex Offenders Registry, and all 50 states maintain their own registries, although investigators found that some state registries aren't yet compatible with the national FBI registry. Some state files were rejected because they lacked information that the national database requires.

For More Information Go To: http://www.idahostatesman.com/localnews/story/605295.html

New York Law Limits Use And Disclosure Of Employees’ Personal Identifying Information

New York has become the latest state to join the growing trend of states passing laws aimed at protecting personal information. With the passage of Senate Bill 8376 ("SB 8376"), New York has opted to push for broader protections for employees by requiring employers to take affirmative steps to safeguard a broad range of personal identifying information including Social Security numbers. Beginning on January 3, 2009, SB 8376 will amend Section 203-d of the New York Labor Laws to require employers to prevent unlawful disclosures of employee "personal identifying information."1 The personal identifying information may not be posted, displayed, or otherwise communicated to the general public.2 New York's statute takes a markedly inclusive approach to employee privacy protection by covering a broad class of personal identifying information, where many comparable state statutes only restrict the use and disclosure of employees' SSNs.4

For More Information and To Read the Full Articles Go To: http://www.mondaq.com/article.asp?articleid=71040&email_access=on

Massachusetts Extends Effective Date for Compliance with Data Security Regulations

According to the Office of Consumer Affairs and Business Regulation (OCABR), the effective date for compliance with Massachusetts’ data privacy and security regulations has been extended generally to May 1, 2009. Under the extension, businesses will have until January 1, 2010, to obtain certification from vendors concerning their compliance with the regulations and to encrypt portable devices other than laptops. Even with the extended deadlines, the regulations create a number of new requirements for businesses that will take time to implement, such as the risk assessment, policy preparation and training requirements.

For More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1566

New York Obligates Employers To Post And Disclose Laws Prohibiting Discrimination Based On Criminal Convictions

It has long been a public policy of the State of New York to prohibit "unfair discrimination against persons previously convicted of one or more criminal offenses."1 To help facilitate the reintegration of convicted criminals into the workforce, the state enacted laws requiring employers to review the person's background when making hiring decisions. The legislature recently concluded that employers are not sufficiently aware of these laws and instead frequently impose "blanket barriers to employment based solely on criminal conviction records."2 To ensure the public is well informed about the laws governing discrimination in employment based on a criminal record, effective February 1, 2009, employers will be required to provide notice in the following three ways:

For More Information Go To: http://www.mondaq.com/article.asp?articleid=71138&email_access=on

employeescreenIQ Honored for 4TH Year as One of Northeast Ohio's 100 Fastest Growing Organizations

Congratulations to Platinum Member employeescreenIQ for being named a 2008 Weatherhead 100 Award Winner as one of the 100 fastest growing companies in Northeast Ohio. Lee Jordan announced the rankings of the 100 companies receiving this prestigious award and employeescreenIQ was proud to be honored for the fourth consecutive year.

For additional information, visit http://employeescreen.com or call 800-235-3954.

USIS and FRASCO team up for insurance industry investigations

FRASCO, one of the largest insurance investigation corporations in the U.S., and USIS, the largest supplier of investigative services for the federal government, today announced a strategic partnership to provide end-to-end investigative services and expertise to the insurance, third-party administrator, and self-insured industries. Under the terms of the FRASCO-USIS agreement, FRASCO’s state-of-the-art technology platform, field investigation workforce, and Special Investigations Unit services, combined with USIS’ national footprint of approximately 3,000 highly trained and fully vetted investigators, will provide clients with in-depth, comprehensive, and high quality investigations. Due in large part to this nationwide, professional force of investigators, clients will also experience a consistent, end-to-end process.

For More Information Go To: http://www.usis.com/news/2008_12_15_FRASCO_USIS_Partnership.aspx

Sponsored By:

FETCH Technologies

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:

How long does a consumer have to file a dispute with a CRA? A. One Month B. Three Months C. Twelve Months D. A CRA should always investigate a consumer dispute.

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

Platinum Member - HireRight, Inc, Named One of Human Resource Executive® Magazine’s Top 10 HR Products of 2008

Human Resource Executive Magazine Names HireRight Enterprise 2008 Top HR Product of the Year

HireRight, a leader in on-demand employment background and drug screening, today announced that HireRight Enterprise™, a screening management solution designed specifically for the needs of large organizations, has been named one of the 2008 Top HR Products of the Year by Human Resource Executive® magazine. Selected from a record number of entries, HireRight Enterprise was chosen after thorough evaluation by the Human Resource Executive® editorial staff.

Their winning product is HireRight Enterprise which is an enterprise-wide screening- management solution that allows users to request and oversee criminal-records searches, employment and education-history verifications, I-9s and credit reports, motor-vehicle records searches, drug tests and more. Searches can be international or state-specific. The dashboard -- a first for management of screening activities -- displays summaries and real-time progress on all requests, offers a library of letters and e-signatures for compliance and provides workforce analytics. The application can be integrated with other applicant-tracking systems.

To Read The Full Article Go To: http://www.hireright.com/newsdetail.asp?dpid=1205867

Platinum Member - Verifications, Inc. Named to Inc. 5000 List of Fastest-Growing Private Companies for Second Consecutive Year

Verifications, Inc., (VI) appears on the recently released Inc. 5,000 list of the fastest-growing private companies in the country for a second consecutive year. VI ranked seventh among Minnesota business services companies with three-year growth approaching 150%. VI finished in the top half of the Inc. 5000, a direct result of the company's continued organic growth. "Our inclusion in the Inc 5,000 for a second straight year is attributable to the dedication of the VI team, our comprehensive hiring process solutions and a single-minded commitment to our clients," explains Curt Marks, Verifications' Chief Executive Officer and President. "With the release of VI Applicant Manager, our unique web-based solution that enables employers to select, hire and onboard from a single platform, we're poised to continue our rapid growth." The 2008 Inc. 5000 list measures revenue growth from 2004 through 2007. To qualify, companies must be U.S.-based and privately held, independent - not subsidiaries or divisions of other companies - as of December 31, 2007, and have had at least $200,000 in revenue in 2004, and $2 million in 2007. More information about the 2008 Inc. 5000 can be found at www.inc.com/inc5000.

For More Information Go To: http://www.verificationsinc.com/newsletter/08082008/inc-5000.html?6350

GIS & Aithent Announce Partnership to Provide Integrated Producer Licensing & Background Screening

ServicesAithent Inc. ( www.aithent.com) and General Information Services, Inc. (GIS) ( www.geninfo.com) announce the launch of a strategic partnership between the Aithent Regulatory & Compliance Solutions (ARCS) group and the GIS Pangea for Insurance platform. Aithent and GIS will combine their leadership positions in the insurance licensing, onboarding and background screening markets to provide the industry with integrated products that will enable insurers, brokers, and agencies with a streamlined process to manage insurance licensing, background checks and appointments from a single compliance dashboard.

"We at GIS are delighted to be working closely with Aithent, the leader in the insurance regulatory and compliance software market, to deliver a powerful and flexible licensing solution to our clients and to the broader insurance compliance market." stated Raymond Conrad, CEO of GIS. "The time for user-friendly, integrated compliance tools has arrived and Aithent and GIS are proud to provide the first end-to-end solution that supports the ways in which our clients actually do business."

For more information about GIS and their products and services, please visit www.geninfo.com.

SOURCE: General Information Services, Inc.

WinOcular Applicant Tracking and Hiring Automation Technology Revolutionizes Hiring for School Districts

The WinOcular Hiring Automation and Applicant Tracking system will allow Region 10 to provide a nationally and regionally focused hiring portal for applicants to view postings and apply for jobs in all 80 school districts and charter schools served by the Regional ESC. “The focus on the applicants needs is a unique perspective offered by WinOcular,” states Dr. Williams. “Job seekers complete just one application and are immediately able to apply for jobs in every one of our Districts. This will save them time and improve their chances of being hired in Districts that meet their preferences.” WinOcular then integrates with an automated background checking systems to further qualify each applicant

.For More Information Go To: www.winocular.com or call Paul T. Montgomery, Director of Marketing, Combined Computer Resources, Inc. at 800.956.1866 x107

DOT Response to Comments and Decision on Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Having considered the comments, the Department remains convinced that conducting all return-to-duty and follow-up tests under DOT is the most prudent course from the viewpoint of safety. It is the method we have available today to deter and detect attempts to cheat, pending the availability of less intrusive alternative specimen testing methods. Under 40.67(b), there are no individuals who will be directly observed who have not already been subject to being directly observed under previous versions of Federal safety requirements by refusing to test, using illegal drugs, or otherwise breaching the rules. By this conduct, each of these individuals has shown a willingness to endanger public safety. Individuals in this category have a greater than average likelihood of using illegal drugs in the future and a higher than average motivation to cheat on a test. Under these circumstances, the Department is justified in regarding these individuals as having a reduced legitimate expectation of privacy, compared to covered employees in general. Given the increased availability of cheating products, compared to twenty years ago when Part 40 was first issued, the Department can properly adjust the balance between safety and privacy by making DO collections mandatory, rather than optional, in follow-up and return-to-duty testing.

For More Information Go To: http://edocket.access.gpo.gov/2008/E8-25102.htm

ASIS International Releases Research Report on Strategies to Detect and Prevent Workplace Dishonesty
By Read Hayes, PhD

ASISEstimates reveal that between 40% and 50% of all business losses can be attributed to employee theft. Employers cannot afford to ignore this large-scale problem and should do everything in their power to create a workplace atmosphere that promotes honesty and encourages and rewards good behavior. They need to make it clear that dishonest behavior will be quickly detected and severely punished. This report provides research-informed, practical strategies to reduce counterproductive workplace behaviors, including thefts and frauds of all types. It describes factors that can lead to these behaviors, describes common employee theft and fraud methods, and analyzes selected prevention techniques, policies, and technologies. Regardless of their motivation, many employees are more likely to stray from acceptable behavior when an opportunity presents itself. If an employee perceives little chance of being caught, he or she may be more inclined to steal. This report provides employers in all types of businesses with ways to discover counterproductive and criminal employee behaviors and to prevent employees from even thinking of swaying from acceptable workplace norms. When implemented, the numerous strategies documented through research can prevent problems from occurring—and reoccurring.

For Read The Full Report Go To: http://www.asisonline.org/foundation/dishonesty.pdf

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.

Looking for the Top Suppliers in the Industry? Need to find a new Supplier?

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.

New Rules for Visiting the United Kingdom on Business

The United Kingdom Government has announced new rules for people who wish to visit and work in the UK for a period of six months or less. In a move intended to “safeguard the visitor route into the UK from abuse,” such individuals will now be required to apply for a dedicated new business visa, and provide proof that they will be carrying out specific activities during their stay in Britain. Those who wish visiting the UK on business for up to six months will now be required to:

• attend meetings or conferences;
• arrange deals, negotiate or sign trade agreement or contracts;
• undertake fact-finding missions, check details or goods; and
• conduct site visits and promotional activities.

For More Information Go To: http://www.workplacelaw.net/news/display/id/17115

Countries That Ban Cell Phones While Driving

The global trotting in the international marketplace has become an increasing reality for professional background screening firms and the use of cell phones is ubiquitous. Accordingly, we thought it was important for you to know those countries that have banned the use of a cell phone when driving unless used with some form of hands-free kit. Hopefully this knowledge will keep you out of hot water with local law enforcement and more importantly keep you free of injuries.

To view the complete list go to: http://www.cellular-news.com/car_bans/

Australia: Drug Testing In The Workplace

The Australian Industrial Relations Commission (AIRC) has recently foreshadowed significant developments in how employers should test employees for drug and alcohol use. On 25 August 2008, Senior Deputy President Hamberger of the AIRC determined a dispute between an employer (Shell) and a union (CFMEU) regarding drug and alcohol testing at the employer's oil refineries. His Honour concluded that the core issue is which test is more likely to indicate actual impairment and effect on the employee's performance at work, consequently, implementation of a urine based random drug testing regime would be unjust and unreasonable since it measured longer term effect which was less of a job related issue. This decision in the Shell case appears to foreshadow a shift in what is viewed by the AIRC as a reasonable method of testing for drug and alcohol impairment in employees.

For More Information Go To: http://www.mondaq.com/article.asp?articleid=67276&email_access=on

Security: Stop, thief?

If you think your business is unlikely to endure a criminal act, think again. Across Canada last year, businesses reported 69,000 break-and-enters alone. Identity theft costs companies and consumers an estimated $2 billion annually, according to the Canadian Council of Better Business Bureaus. Cybercrime—including hacking, “phishing” and the use of spyware—is growing exponentially as thieves realize the value of sensitive information on the black market. In May, the Canadian Association of Police Boards, which represents police-oversight boards, said its own surveys of the public and police plus numerous other studies suggest that cybercrime is close to becoming the No. 1 crime category in Canada. To make things worse, the bad guys (and girls) are increasingly operating in teams and deploying modern technologies to more effectively relieve small businesses of everything from scrap metal to credit-card numbers. Although there’s no definitive figure for the cost of crime to Canadian companies, it clearly runs into the many billions of dollars—even before the cost of ruined corporate reputations is factored in. The first step in breaking free of such dangerous complacency is to admit that it’s not a question of if, but when your firm will be a target. Police and security analysts recommend a layered approach to security, so that you’re not counting on just one or two barriers to do the job.

For More Information Go To: http://www.canadianbusiness.com/entrepreneur/technology/article.jsp?content=20
081001_198701_198701&page=1

Europe At Risk Of Recession

Growth prospects are being revised downwards, industrial production is shrinking and unemployment is likely to rise, according to The Global Competitiveness Report 2008-2009 from the World Economic Forum (WEF). The global financial crisis will have profound effects on Europe and its consequences on the real economy are still unfolding, according to a new report from the WEF. The report highlights that the contagion effects of the financial meltdown will affect the real economy of the region. In Western Europe, growth prospects are being revised downwards, industrial production is decreasing in several countries and unemployment is likely to increase. The report examines the global risks most pertinent to Europe, Russia, Eastern Europe, Turkey and Central Asia.

For More Information Go To: http://www.strategicrisk.co.uk/story.asp?source=srbreakingnews&storycode=374964 or to http://www.weforum.org/pdf/GCR08/GCR08.pdf

EU's Criminal Records Information System Needs Solid Infrastructure Says European Data Protection Supervisor

On 16 September 2008, the European Data Protection Supervisor (EDPS) adopted an opinion on a proposal for a Council Decision on the establishment of an electronic European Criminal Records Information System (ECRIS). The Decision is part of a package designed to help EU Member States to share the criminal records of their citizens and exchange information on past criminal convictions. Peter Hustinx, Supervisor, says: "The processing of personal data relating to criminal convictions is of a sensitive nature, and the confidentiality and integrity of criminal records data sent to other Member States must be guaranteed. It is therefore paramount that high standards of data protection be applied to the functioning of the system, which should ensure a solid technical infrastructure, a high quality of information and an effective supervision."

For More Information Go To: http://www.publictechnology.net/modules.php?op=modload&name=News&file=article&sid=17359

BDO Stoy Hayward Releases 5th Annual Fraud

January 2008 saw the release of the fifth edition of FraudTrack, the annual report based upon extensive research conducted throughout 2007 by BDO Stoy Hayward compared with the experiences of their own fraud investigation team. As predicted, the economic tide has turned. Whilst challenging market conditions aren’t good for the economy, they are certainly great for fraud investigators.

Key findings so far in 2008:

• Reported fraud cost UK businesses over £705m – 74 per cent increase on the same period last year.
• Fraud in the Financial Services sector accounts for more than £636m, 90 per cent of the total cost and a 15 fold increase on sector fraud levels last year.
• Employee fraud increased from 2.5 per cent to 11 per cent of all fraud.
• Management fraud accounts for 46 per cent of fraud cases and third-party fraud accounts for 32 per cent, costing businesses a total of £541m.
• At 36 per cent, greed is still the main motive for fraud. Debt is a close second at 25 per cent followed, interestingly, by gambling at 24 per cent.
• The value of reported fraud in April 2008 alone was £317m.

The combination of spiralling personal debt and desperate employees spells real danger for business. Businesses need to be extremely diligent in their recruitment processes ensuring they have a solid first line of defence against fraud. This is not to say that common motives won’t corrupt the most trustworthy employees, keep appraised of any strange or unusual changes in an employee’s lifestyle.

To Read The Full Report Go To: http://www.bdo.uk.com/publications/fraud-track-5.html or for more information contact Simon P Bevan, Partner, Head of Fraud Services Unit at simon.p.bevan@bdo.co.uk

Today we have the privilege of talking with Page Arrington, Vice President of Marketing for G.A Public Records Service, Inc. When not working, Page has a variety of activities to keep her busy. For the past two years, Page has been moonlighting as a wedding planner. "I have done five in the past two years and I really enjoy it. It is a very interesting industry and I would not mind doing it full-time one day. I love to create a unique situation for the couple.

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/

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