Screening News. Does Calling Someone a Terrorist Cause Harm? Credit Reporting Agencies Forced to Overhaul Practices. Medical Marijuana -- Legal but Not Legal in Ohio. Privacy Shield Challenge. Does Calling Someone a Terrorist Cause Harm? plaintiff says he lost the apartment he wanted to rent because TransUnion incorrectly claimed his name was found on a terrorist watch list. TransUnion asked the judge to decertify a proposed class action suit in the issue claiming the class could not prove concrete harm. Credit Reporting Agencies Forced to Overhaul Practices. Privacy Shield Challenge.

Screening News. Spokeo Shutting Down FCRA Lawsuits. Marijuana on Ballots Across the Country. Healthcare Could be Cyber Criminals Next Target. 2:53. 2:53. Facebook. Twitter. Embed. Speed. Quality. 1080p. About Wistia. 1:01. message. Spokeo Shutting Down FCRA Lawsuits. Just a few months ago, class action lawsuits accusing companies of FCRA violations were seen as a slam dunk… an easy way to get a settlement out of deep pockets. But ever since the Supreme Court ruled in Spokeo v. Robins , things are changing right before our eyes. All three cases were dismissed by federal judges in California.

About a month ago we hosted a webinar with our friends at Constangy, Brooks, Smith & Prophete to help you get ready for the new post-incident drug testing rules coming out of the Occupational Safety and Health Administration (OSHA). The rules were originally set to go into effect in August. The date was pushed back until November 1 st , and now, thanks to a case in Texas, the new date is December 1, 2016. The first delay happened because employers were confused about what “reasonable” reporting procedures meant when it came to post-accident drug testing and safety incentive programs.

If you are looking for a little help with your background screening and you hit up the internet, you are going to get all kinds of results. You’ll find giant firms that span the globe all the way down to the fly-by-night, quickie online search services. How is it possible to know which company is right for you? The very first thing you should be looking for, regardless of how big or small your needs are, is NAPBS accreditation. This is kind of like the Good Housekeeping seal of approval… but it means so much more. But this effort really isn’t for us. It’s for you: our clients.

All employers are required to complete and store a Form I-9 for each new employee hired to work in the United States. Although this Employment Eligibility Verification Form is mandated and enforced by the federal government, it remains the responsibility of the employer to ensure that the entire Form I-9 is properly completed and signed within 3 business days of the first day of work. Despite the form appearing simple on its face, our partners at I-9 Advantage tell us they receive countless questions about the Form I-9 and the rules surrounding its completion.

Screening News. The Value of Hiring more Mature Employees. Could Yahoo Kill Privacy Shield? CFPB Structure Unconstitutional? Judge Finds for Giant Bank over Background Checks. 1:26. 1:26. Facebook. Twitter. Embed. Speed. Quality. 1080p. 1080p. About Wistia. 0:21. message. The Value of Hiring More Mature Employees. AARP has released a study that might have recruiters looking more closely at the over-50 crowd. The study found that workers in this age group are the most engaged of all employees which has a positive effect on retention and business results. Could Yahoo Kill Privacy Shield? The U.S.

In high stakes litigation playing out before United States District Judge Sam Lindsey in Dallas, Texas, the government attorneys and those employer groups seeking to enjoin OSHA’s record keeping rule-anti-retaliation provision under 29 CFR 1904.35, have jointly agreed to extend the delay of enforcement until December 1, 2016. This is to give the parties further time to brief the issues focusing on the nationwide injunction requested, and the court’s authority to issue such an order. These provisions became effective on August 10, 2016. Perez, No. 16-cv-01998-D (N.D. Tex.).

As I sat down to write this, Hurricane Matthew was preparing to pummel South Florida. Now that the storm has passed, Team Rubicon is preparing its legions of retired military to go into the hardest hit areas the moment it is safe to do so. If you’ve never heard of Team Rubicon, you’re not alone. only discovered them at this year’s NAPBS conference. But I was so impressed that I wanted to tell our readers about them -- and what better time as deals with the aftermath of one of nature’s most brutal assaults? Team Rubicon is the brain-child of two Marines, Jake Wood and William McNulty.

All employers are required to complete and store a Form I-9 for each new employee hired to work in the United States. Although this Employment Eligibility Verification Form is mandated and enforced by the federal government, it remains the responsibility of the employer to ensure that the entire Form I-9 is properly completed and signed within 3 business days of the first day of work. Despite the form appearing simple on its face, our partners at I-9 Advantage tell us they receive countless questions about the Form I-9 and the rules surrounding its completion. Can you please clarify? All U.S.

Screening News. WOTC Employees Have Greater On-the-Job Success. CA Juvenile Records Off Limits. Yahoo Breach Even Bigger that Reported? Bieber Battles for Medical Marijuana. 2:42. 2:42. Facebook. Twitter. Embed. Speed. Quality. 1080p. About Wistia. 2:13. message. WOTC Employees Have Greater On-the-Job Success. You might remember a webinar EBI presented earlier this year about the benefits of hiring workers who qualify for the Work Opportunity Tax Credit, or WOTC. Now it turns out the tax breaks might be just one of the benefits. CA Juvenile Records Off Limits. Didn’t get an email?

All employers are required to complete and store a Form I-9 for each new employee hired to work in the United States. Although this Employment Eligibility Verification Form is mandated and enforced by the federal government, it remains the responsibility of the employer to ensure that the entire Form I-9 is properly completed and signed within 3 business days of the first day of work. Despite the form appearing simple on its face, our partners at I-9 Advantage tell us they receive countless questions about the Form I-9 and the rules surrounding its completion.

Screening News. Both Candidates Fail Social Media Background Check. Military Skips Background Checks- Puts Troops at Risk. Lyft May Win FCRA Case. New CA Law Governing Ride Shares. Both Candidates Fail Social Media Background Check. Social media checks are becoming a lot more common in hiring these days. Cnet.com asked a company called Social Intelligence to do a pre-hire check on Hillary Clinton and Donald Trump. The results are not good for either of them. The reports are several pages long. Check them out here -- Clinton's Social Screening Report and Donald Trump's Social Screening Report.

When it comes to a solid background screen you need more than just an applicant’s criminal history. The Screening News Network sat down with Craig Caddell of ClearStar, Inc. to talk about why Employment Verifications and Education Verifications are important pieces of the puzzle. 0:04. 0:04. Speed. Quality. 1080p. 1080p. About Wistia. 0:18. message. TRANSCRIPT: Quick -- what’s the most important background check to conduct when you are hiring someone new? Criminal record checks and drug tests probably popped into your head first, but you might not have thought of employment verifications.

You already know about legal compliance in your industry. Healthcare companies know HIPAA, banking and financial services companies know DODD-FRANK and FINRA, energy companies know FERC, trucking companies know DOT and FMSCA, and the list goes on … and on. You probably don’t know a lot, though, about legal compliance in background screening. But you should. Background screening applies to every industry and every employer, and it’s in your best interest to make sure you’re doing it in accordance with laws and regulations. Why Compliant Background Screening is Important. 1. It’s the law! Audits.

Screening News. Back from Sun and Fun with NAPBS in CA. Cybersecurity Bill for Small Businesses. Congress Pushing Drug Testing for Unemployment Benefits. Back from Sun and Fun with NAPBS in CA. If you spend any time on our website you will see plenty of references to NAPBS, an abbreviation for the National Association of Professional Background Screeners. Twice a year, representatives from the 750 member companies come together to talk about how the background screening industry can make things better for their clients and their applicants. Cybersecurity Bill for Small Businesses.

Nearly every day I see articles demanding more stringent background check requirements for employees in jobs across the board… school teachers, babysitters, Uber drivers, even massage therapists. Those interviewed say it must be done to protect the innocent and the vulnerable. But what about doctors and nurses? Those we turn to when we are just that… vulnerable. It might surprise you that of the 70 medical boards across the country, only 46 conduct criminal background checks on applicants before they are granted a license to practice medicine. Nurses: CO, WI, NY,VT, ME, HI. Background Checks

Screening News. Pedophile Causes Dramatic Change in McDonald’s Screening. Court Allows Marijuana Discrimination Case to Continue. Bomb Threat to Help her Boyfriend. Pedophile Causes Dramatic Change in McDonald’s Screening. The mother of a teen working in a Sydney, Australia McDonald’s tried to get the restaurant chain to do something about an employee who was allegedly abusing her son. She says the chain told her to keep quiet -- so did the police. It wasn’t until a very outspoken Member of Parliament named names during a speech on the floor of their Senate. Bomb Threat to Help her Boyfriend.

We spend a lot to time writing about the legalization of marijuana on this blog. There’s a good reason for it. Laws are literally changing every single day. Here is a quick round-up of some of what’s been happening just this month. Delaware Governor Jack Markell signed new legislation into law to permit terminally ill patients to access medical cannabis. House Bill 400, which is also known as “Bob’s Bill,” allows doctors to prescribe medical marijuana to sick adults as well as patients under 18 who are suffering from pain, anxiety or depression related to a terminal illness.

Ban the Box legislation has taken the nation by storm. In just a few years, laws to prohibit employers from asking questions about criminal history early in the application process have multiplied. There are now 24 states, more than 100 cities and even the federal government that have adopted some kind of Ban the Box statute. No one can say that these efforts are anything short of well-meaning. What could be better for society than to help those who have paid their debt get back on their feet and back into the workforce? But is Ban the Box really helping those who need it most? percent.

Screening News. Scammers Posing as Immigration Officials. Lawmakers Slam Agency for Ignoring Warnings. Satellite TV Provider Settles FCRA Lawsuit. New Form I-9 Approved. TRANSCRIPT: Scammers Posing as Immigration Officials. People in the process of becoming American citizens are getting phone calls from scammers threatening them with deportation. Citizenship and Immigrations Services (USCIS) says the calls look like legitimate government numbers on caller ID, but then a person posing as an official demands personal information and money to fix problems on the immigration applications.

We are excited to announce that Curt Schwall will be joining our executive team as Vice President of Compliance and Regulatory Affairs. As an integral member of EBI’s leadership team, Curt will have oversight in federal, state and global regulatory and compliance initiatives, US privacy policies and vendor management. Schwall brings more than 19 years of industry experience to the post, 15 of them focusing on compliance. Most recently he served as SterlingBackcheck’s VP of Corporate Ethics and Compliance. “I am so proud to join the exceptional team at EBI,” Schwall says. Welcome, Curt!

Today’s blog starts with a rags-to-riches, possibly back-to-rags story. David Jones was one of 58 children born to a practicing polygamist living in abject poverty in Mexico. Jones left Mexico for America when he was 15 and supported himself doing drywall. He became invaluable to his employer, Ketchikan Drywall in Seattle. According to Assistant U.S. Attorney Dor Reno, the owner of the company depended on Jones to provide hundreds of cheap laborers, but it turns out most of them were in the states illegally. When Jones had a falling out with his boss, he moved across the country to the D.C.

Screening News. No Guns for Medical Marijuana Users. Car Dealer Sued Over Drug Testing. State Expands Background Checks in Schools. Sex Offenders Need Not Apply. TRANSCRIPT: No Guns for Medical Marijuana Users. federal appeals court says federally licensed firearms dealers cannot sell to people with medical marijuana cards. While the state might sanction the use of the drug, marijuana use is still illegal under federal law. Therefore, the court agreed that possession of the prescription card gives a gun dealer “reasonable cause to believe” that the customer is an unlawful drug user.

I’ve been researching the topic of creating great places to work for a decade, and along the way I’ve gleaned thousands of ideas on how to do that. If there’s one thing I know, creating a great place to work takes focus and action. But what kinds of actions? What actions can you be implementing that would result in a great place to work? Well, great places to work often do things that are very unconventional. The action items they implement to be great are out there, but they work. thought I’d share some of the best ideas I’ve come across along the way. This creates a sense of unity.

Screening News. Huge Hacker Gets Busted. Military Fights Militants with Background Checks. New I-9 Approved. Judge Approves Home Depot Settlement. TRANSCRIPT: Huge Hacker Gets Busted. Russian cyber-criminal has been convicted of hacking into point-of-sale computer systems to steal and sell credit card numbers to the criminal underworld. Roman Seleznev, aka Track2, broke into computers and installed malware. He ran his network from Russia, but attacked several American businesses. Some were forced into bankruptcy as a result of the cyber-assaults. When arrested, his laptop contained more than 1.7

Note from the Editor: Coming up next week, EBI is offering a webinar on new OSHA rules about reporting injuries in the workplace. That rule is being challenged in court by several groups of builders and contractors. They claim the rule’s anti-retaliation provisions go too far and will limit their ability to investigate accidents. Today, our presenter for the OSHA webinar, Tommy Eden, gives us a deeper look at the dispute. They claim that the OSHA measure is an overreach of the agency's authority. The case is Texo ABC/AGC Inc. et al. v. Perez et al., in the U.S. Page 16 fn). page 18). Page 23).

Screening News. Frito-Lay Settles in FCRA Fight. Waffle House Appeals Judge's FCRA Decision. Colorado Schools Struggle with Medical Marijuana Rules. Recreational Pot Coming to California? Frito-Lay Settles in FCRA Fight. One of the nation’s largest snack makers has agreed to pay nearly $1 million to settle a class action lawsuit. Frito-Lay was accused of making employment decisions based on consumer reports without following the FCRA’s adverse action requirements. Nearly 3,000 class members claim they were denied notice and time to correct mistakes on their consumer reports.

The election isn’t a favorite topic with many people these days, but the outcome will definitely affect employers. We sat down with Mike Aitken, the director of government affairs at the Society for Human Resource Management (SHRM), to find out which HR concerns are most likely to be affected by our new president. TRANSCRIPT: The Supreme Court. Certainly the makeup of the court matters greatly to employers- particularly with this kind of 4-4 split. The next justice will decide some of those major issues in the employment area. If more conservative… more likely more wins for employers.

Screening News. Philly Law Says No Credit Check for Hiring. Tough Legislation Passed Regarding Ride Shares. Broader Background Checks for Schools in Indiana? Philly Law Says No Credit Check for Hiring. A new ordinance that affects employers is now in effect in Philadelphia. The “Fair Practices Ordinance: Protections Against Unlawful Discrimination” adds a section to the city code that prohibits employers from using credit information to make decisions about employees and job applicants. Tough Legislation Passed Regarding Ride Shares. Broader Background Checks for Schools in Indiana?

Applying for college is not easy. The list of things schools look at these days seems endless… SAT scores, transcripts, essays, extracurricular activities, even volunteer work. According to the Center for Community Alternatives, 66 percent of colleges and universities are now also looking at applicants’ criminal histories. There are plusses and minuses when it comes to using background checks for students. Once an institution makes the decision to use background checks, they need to be used properly for the sake of everyone involved. Background Checks Education

The US government is refusing to bow to peer pressure. Twenty five states have already passed laws to allow some kind of medical marijuana use, four others and the District of Columbia let people smoke for fun, and nine more have issues relating to the drug on this year’s ballot. Even so, the Drug Enforcement Administration recently announced it is rejecting requests to move marijuana from the Schedule I list of highly addictive drugs down to a Schedule II. As a Schedule I drug, marijuana is listed alongside drugs like heroin, LSD and Ecstasy. This is where the DEA is making a change.

Screening News. Another Lab Passes the eCCF Test. Salary Questions off Limits in one State. Ohio Throwing Money at Broken System. Privacy Shield Applications Being Accepted. Another Lab Passes the eCCF Test. Quest Diagnostics just announced that it has passed its final federal inspections and will soon be able to process electronic Custody and Control Forms, or eCCFs, for regulated industries. Quest is only the second laboratory approved by the Department of Health and Human Services (HHS) to handle the paperless system for regulated employers. Salary Questions off Limits in one State.

Businesses have always had to worry about frivolous lawsuits. Con-artists “slip” and fall, others find a bug in their food. Sometimes the hot coffee is just too hot. All of these kinds of things have cost companies money over the years, but now some of those who are out to make a quick buck are evolving. One such character is being called a “Professional Plaintiff”— and that is how we will refer to him. Over the years this guy has applied for hundreds of jobs. He is not looking for a job. The big fish that brought the plaintiff’s plan into the light is Time Warner Cable. This guy is not alone.

Some of you might have discovered this blog post by searching terms like "background screening" or "background search". If so, you might also get a lot of ads popping up promising the chance to do all kinds of background checks on anyone you want. Some might even entice landlords to check out possible tenants, or encourage employers to make sure applicants are trustworthy enough for a high security position. These online companies might sound dependable. They might seem reliable. But if they don’t comply with the Fair Credit Reporting Act (FCRA), searches they do for you could be illegal.

The handling and storing of data might sound like a dry, IT topic, but in this day and age of rampant identity theft, job applicants depend on employers protecting their information. This is no simple task. Every day, background screeners process thousands of pieces of data. Most of it is extremely sensitive information like candidates’ names, addresses, social security numbers, dates of birth, employment history, education, motor vehicle records, credit and criminal history, and even drug testing results. But how do you find a partner you can trust? Target learned the hard way.

When it comes to our children’s safety, cutting corners can be devastating. The nation’s largest youth softball organizations are under the microscope for possibly doing just that. USA Softball, the Amateur Softball Association of America, Inc. and ASA of Southern California are going to trial accused of pocketing money meant for background checking coaches. The scrutiny started after a teenaged girl was molested by her coach back in 2012. Jose Lopez pleaded no contest to having sex with the girl several times over a six month period. He was sentenced to two years in the county jail.

Washington State made recreational marijuana legal in 2013. According to the AAA Foundation for Traffic Safety, in just a year the number of fatal car crashes involving the drug more than doubled in the state. The year before the drug was legalized, only 8% of fatal accidents involved drivers who showed signs of pot use. By 2014, that number was 17%. That must mean all of these dangerous drivers were stoned -- right? Unfortunately, that’s not what it means at all. Here’s why…. THC (the active chemical in marijuana) affects everyone differently. Let’s say the driver admitted to smoking that day.

Note from Jennifer Gladstone: In yesterday’s Legislative Alert we told you about some changes to OSHA’s post-accident testing rules. Our partners over at Current Consulting Group have shared a blog that offers a much deeper explanation. On May 12, 2016, The Occupational Safety and Health Administration (OSHA) issued a final rule to revise its Recording and Reporting Occupational Injuries and Illness regulations. The rule is part of an extensive rulemaking that concerns the tracking of workplace injuries and illnesses. Newly Announced Enforcement Delay. Originally scheduled to begin Aug.

Screening News. OSHA Changes Post-Ax Testing Rules. Ride-Shares Win One Fingerprint Fight. New Philly Credit Check Rules Now in Effect. OSHA Changes Post-Ax Testing Rules. OSHA has published the final version of new reporting rules, one of which might change how some employers conduct post-accident drug and alcohol testing. According to OSHA, unless you are in an industry that is legally required to test after every incident, you should NOT have a blanket policy. Instead, the agency suggests you limit testing to instances that look like they could have been caused by impairment.

A mass overdose recently sent 33 New Yorkers to the hospital in a single day. They weren’t doing any of the drugs that probably popped into your mind. All of them OD’d on K2, a synthetic marijuana that is also known as Spice. This increasingly popular drug is a powerful one. People describe those who are using as zombies. One witness of the mass overdose told the New York Times that people were being truly paralyzed by the drug. He reported watching people collapse, and said it looked like a scene out of a zombie movie. Others just passed out in the middle of sidewalks and streets.

Screening News. Privacy Shield Gets European Approval. Don't Mess With Texas. Even if you are the EEOC. Heads-Up if you Use E-Verify. Privacy Shield Gets European Approval. Member states of the European Commission have officially given their blessing to the EU-US Privacy Shield data protection agreement. According to the EC’s Justice Commissioner Vera Jourova, this paves the way for the agreement to be formally adopted sometime this month. Privacy Shield seeks to close some of the cracks critics found with Safe Harbor. One thing that has not been decided is how Brexit will affect the agreement.

The annual SRHM conference is nothing short of legendary in the HR world. EBI sends a huge team every year, and we are always taken by the size and scope and the excitement surrounding the event. Check out our video to see an overview of the conference, and stay tuned for interviews with many of the newsmakers who took the stage. Maybe we’ll see you there next year!

We’ve all felt it. meeting spinning out of control, a work relationship taking a turn for the worse or just a day where everything seems to be a struggle. There are things you can do to not only get things back on track, but to keep them from falling off the rails in the first place. Check out the video below to meet Morag Barrett, founder and CEO of SkyeTeam, and the host of our upcoming SHRM/HCRI eligible webinar, How to Keep Your Head when Your Hair is on Fire! TRANSCRIPT: Morag Barrett // SkyeTeam: So let’s start with the fun stuff: I’m a ballroom dancer and a bassoon player. Morag: It is!

A small town police force in Indiana hired an officer back in 2003 because of a great recommendation. Now that officer, James D. Foutch, is in jail after pleading guilty to killing a father-to-be in a traffic accident. See if you can follow this: The Edgewood Police Captain, Martin “Skip” Stanley, heard about Officer Foutch from Robert Allman. Allman was a former police captain with the force, who was also on the town council at the time. He was also happened to be the father of Foutch’s girlfriend, with whom the officer was raising a child. Her husband Jesse died at the scene.

Screening News. Staffing Company Faces Huge Fines. Medical Marijuana Foe Pushes for more Research. Background Checks for Drone Pilots. Staffing Company Faces Huge Fines. Minneapolis based staffing company Golden Employment Group will have to pay more than $209,000 in fines because of hundreds of Form I-9 violations. Administrative Law Judge Ellen K. Thomas found the company liable for 465 violations that ranged from failing to properly complete the forms to failing to present them in a timely manner. Medical Marijuana Foe Pushes for more Research. Harris, along with Earl Blumenauer, H.

Screening News. Former Attorney General Backs Ride-Shares. Uber Settles Background Screening Lawsuit. Federal Reserve Hacked! Colorado Affirmation Repealed. One More Ban the Box. Former Attorney General Backs Ride-Shares. Former US Attorney General Eric Holder sent letters to officials in Atlanta, Chicago and New Jersey hoping to convince them that companies like Uber and Lyft should leave the FBI Fingerprint Database alone. All three are considering legislation that would require a fingerprint based check for ride-share drivers, but Holder says this is not what the system was created to do.

Screening News. Waffle House can't catch a Break. Don't Face a Penalty for Not Posting! Ban the Box Continues to Spread. Waffle House can’t catch a Break. It’s been a long couple of weeks for the lawyers for Waffle House. First on June 6 th , job applicants filed a motion for class certification in their FCRA case against the chain. Hopeful class members say the company failed to tell applicants that background checks were being conducted as part of the hiring process. Then, just a few days later, a Florida federal judge refused the restaurant’s request to toss the case.

The final review of drug test results can be a make or break moment for existing or potential employees, and first-rate drug testing programs put that task in the hands of a medical review officer. Medical review officers (MRO) are licensed physicians who have a history of diagnostic work in the field of substance abuse. Their role in a drug testing program includes yet goes far beyond reviewing the final results of administered drug tests. Their overall goal is to ensure the drug testing process is accurate and efficient while protecting both the employer and employees. Explanation of Results.

We have a guest blogger today! Our friends at SkyeTeam are working with us to produce our next webinar called “ How to Keep Your Head when Your Hair is on Fire. Today, we would like to introduce you to Morag Barrett, a best-selling author and the founder and CEO of SkyeTeam , an international HR consulting and leadership development company. In today’s blog, Morag introduces us to a concept that will help us all keep our heads. We hope you enjoy it! What happened? Someone at the meeting made a comment and I decided to come out of my corner fighting. As soon as I did I regretted it. My advice?

Screening News. Reluctant Governor Faces Medical Marijuana Bill. More Plaintiffs Emerge in the SEPTA Case. Stricter Background Checks for some in New Jersey. Privacy Shield Slammed by an Expert. Reluctant Governor Faces Medical Marijuana Bill. medical marijuana bill recently passed the Ohio State Senate by just 3 votes. The bill is now sitting on Governor John Kasich’s desk. While the bill prohibits smoking the drug and growing it at home, it will allow patients to buy things like oils, edibles or patches. Polls show that as many as 90 percent of Ohioans support medical marijuana.

DNAinfo.com, a news outlet in New York, did a survey of parents on the Upper East Side and discovered that the majority of those who hired nannies never did any kind of background check before turning their children over to complete strangers. Of the parents surveyed, 64.3% did not do a background check. Many said it is because the nanny had worked with a friend or family member. While references are an important part of finding the right fit, there are companies out there that specialize in checking into nannies. The list of recommended searches includes: Social Security Trace.

“Have you ever been convicted of a felony or a crime?”. Chances are you have answered this on a job application somewhere down the line, and now you might even be the one asking the question. According to the EEOC, asking the question is not the problem, but how you USE the answer could get you sued. To add more complications to this already complicated issue, the U.S. Commission on Civil Rights now says a recent push by the EEOC opens business owners up to all kinds of lawsuits. More on that a little later. Only one in 17 white men will spend time behind bars. It can be a vicious cycle.

Screening News. State Targets Synthetic Drugs. Texas Vows Background Checks on Refugees. Popular Restaurant Chain Discovers Data Breach. Target Class Action Dismissed. State Targets Synthetic Drugs. Kentucky law enforcement and lawmakers have been struggling for years with the influx of synthetic drugs. These drugs -- known by names like Flakka and Gravel -- have been flooding the state and can be up to 200 times more potent than marijuana. Many people who’ve been arrested selling drugs like heroin say they are dealing to make money to buy the synthetic ones. New drugs are popping up every day.

I have written countless articles about FCRA lawsuits over the last few years, and it seems they almost always end with the big-name company paying out millions to make the case go away. So I was intrigued by the judge’s decision to dismiss a recent case against Target, saying he did not believe the company “willfully” did anything to break the law. reached out to our friend and expert Mary Poquette to try to figure out why this case ended so differently. This seems like a lot of ammunition. How did they get to an outright dismissal? But that is not the case anymore. EEOC & FCRA Videos

Not a day goes by that we don’t hear about some kind of data breach. No industry is immune. It is essential for companies of all sizes to have a plan for how to deal with hacks, breaches or leaks. Jennifer Gladstone sat down with Phillip Gordon of Littler Mendelson to find out what you can start doing today to up your odds of beating a breach. TRANSCRIPT: Over the last few years consumers have been shocked by the number of huge companies falling victim to data breaches. From Sony to Target, Home Depot and health insurance giant Anthem, personal information is being stolen by the truckload.

Screening News. Feds Searching Social Media. Giving Veterans Access to Medical Marijuana. Lawmakers Try to Decipher "Impaired Driving". Sarasota Bans the Box. Feds Searching Social Media. Are you a federal employee with security clearance? Or are you hoping to be? Then you'll want to make sure there is nothing on your Facebook and Twitter accounts that wouldn’t pass muster. A new policy now allows federal investigators to look at social media sites during security clearance investigations. They can only see what people share publicly. Giving Veterans Access to Medical Marijuana.

Hoping it would stem an ever-rising tide of class action litigation under the Fair Credit Reporting Act (FCRA), employers and their background screening partners have been waiting for the U.S Supreme Court to rule in Spokeo, Inc. v. Robins. The question presented to the Court was whether actual damages must occur in order for a legal complaint to have “standing” to sue, meaning there is a basis for the plaintiff to challenge the conduct in court. Related: Closer Look: FCRA - Employers' Win, Lose, and Draw. Related: FCRA Compliance: Lawyers Fishing for Big Lawsuits. So what’s an employer to do?

Screening News. Pennsylvania Background Check Loophole Closed. First of its Kind Marijuana Study. Georgia Governor Helps Clear First-time Offenders. Vermont Bans the Box. Pennsylvania Background Check Loophole Closed. The Pennsylvania State Senate has passed a bill that will close a big loophole in the law that mandates background checks for certain professions. In 2014 the state made some quick changes to the law after the Jerry Sandusky child sex abuse scandal. Senate Bill 1156 puts them back in. The bill, which passed 48-to- 0, now moves to the State House. First of its Kind Marijuana Study.

It’s been awhile since we’ve blogged about the fingerprint battle between ride-sharing giants and several local governments, but it is still raging. Both Uber and Lyft have announced they will soon be pulling out of Austin, Texas because the City Council passed an ordinance requiring drivers to undergo fingerprint-based background checks by February 2017. Voters recently backed them up by passing Proposition One with 56% in favor of requiring fingerprinting. That position is that fingerprint searches are not the “gold standard” that lawmakers believe them to be. Kind of a shame.

Screening News. SEPTA Facing Huge Lawsuit over Background Checks. Background Checks for Church Volunteers? Detroit School to Drug Test Students. SEPTA Facing Huge Lawsuit over Background Checks. lawsuit has been filed against the Southeastern Pennsylvania Transportation Authority (SEPTA) for allegedly violating both federal and state laws when it comes to using background checks in its hiring process. SEPTA is the 6th largest public transportation system in the country. According to papers filed in Federal court in Philadelphia, this class action has two parts. Legislative Alerts Videos

On May 12, 2015, the Federal Register published proposed guidelines from the Substance Abuse and Mental Health Services Administration (SAMHSA) for the inclusion of oral fluid specimens in the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Sounds important – but what does it mean for Third Party Administrators (TPAs) and employers? In a nutshell the proposal: Establishes standards and technical requirements for oral fluid collection devices. Details initial oral fluid drug test analytes and methods. Details confirmatory oral fluid drug test analytes and methods. Why Now?

Last week, the Sales and Account Management Group at EBI spent the morning slaving over hot burners to provide a gourmet breakfast for the entire Drug Testing Team. Why, you may ask? This wasn’t out of the goodness of their hearts -- even though we know they have hearts of gold! The Sales Team put themselves up for auction in EBI’s annual silent auction fundraiser. Every year, employees donate items to auction off. All of the proceeds go into EBI’s Philanthropic Fund to be donated to hard-working non-profits across the country. Related: EBI's Philanthropic Commitment through "Just One World".

The Screening News Network went to Capitol Hill for an inside look at the annual National Association of Professional Background Screeners (NAPBS) Advocacy Day. Find out what they do and why. Jennifer Gladstone // Screening News Network. Welcome to Washington D.C! NAPBS is here on the Hill to lobby -- not just for the background screening industry, but for employers and anyone else who understands what background screening can provide. Related: The Definitive Guide to Pre-Employment Background Screening. More than 70 members took part in the event, making 2016’s Advocacy Day the biggest yet.

Screening News Update. Census Bureau Settles Discrimination Suit. Chips Stemming the Tide of Credit Card Fraud. Colorado Moves to Protect Student Information. Census Bureau Settles Discrimination Suit The Census Bureau has agreed to settle a lawsuit that alleged black and Hispanic job applicants were discriminated against as they tried to get jobs conducting the national count. The Bureau required that any applicant who had an arrest record must provide “official” paperwork explaining the offense, and they only had 30 days to do it. The Census Bureau agreed to a $15 million settlement.

Earlier this year we told you about the mess Ohio’s computerized background check system has become. The state has been trying to fix the aged system, but the price tag for that solution is outrageous. According to the Ohio Times Reporter, the state’s Attorney General’s office has received five bids to replace both the hardware and software that make up the Bureau of Criminal Investigation’s (BCI) system. The bids range from just under $6 million to $17.72 million, and that doesn’t even include the annual maintenance fees! For a cash-strapped government, the numbers might be disheartening.

Screening News Update. Keystone State OKs Medical Marijuana. Privacy Shield Faces Uphill Battle. Missouri Bans the Box. Hack the Pentagon Without Going to Jail! Keystone State OKs Medical Marijuana Pennsylvania is now the 24th state to legalize medical marijuana. The measure breezed through the state House and Senate and was quickly signed by Governor Tom Wolf. Patients will only be given access to the drug if they suffer from one of 17 conditions such as cancer, PTSD, seizures and chronic pain. Smoking marijuana in the Keystone State is still illegal. Hack the Pentagon Without Going to Jail!

We talk a lot on this blog about fake universities getting shut down by the government for selling worthless degrees. This time, the Feds were actually the ones running the fraud - but with good reason. The “University of Northern New Jersey,” or UNNJ, did not have a single professor on staff. There was no curriculum to speak of, which means classes were never held. But, they had plenty of “administrators” waiting for brokers, recruiters and even employers to come to them to enroll foreign nationals so they could stay in the country on student visas. Sarah R. Saldaña, the Director of U.S.

We have decided to pull back the curtain and show you what really makes a good pre-employment background check. Today, we begin a four part series by showing you how solid background screening companies make sure the information you receive is accurate. We hope this peek behind the curtain answers questions you might have about the process. Enjoy! Sometimes our industry gets a bad rap. Whether it’s an article, a lawsuit, of even so-called comics doing satirical news programs… background screening seems to be in the news pretty regularly. Mistakes happen - the world is an imperfect place.

There are thousands of background screening companies out there. How do you weed through to find the right partner for you? There is no such thing as a one-size-fits-all. It will take a little leg work, but Jennifer Gladstone spoke with some experts about how to make the task a bit easier. Download our guide to Selecting a Background Screening Partner. Hiring is serious business. And background screening your applicants is an important piece of the puzzle. But that piece doesn’t always fit the way you hope. Nikki Holton// HR Consultant, Eli Lilly and Company. It’s almost like dating someone.

Screening News Update. Big Names Sign On To President's Ban the Box Plan. We Can't Hire You. So How About a Gift Card? UBER Settles in California. Trucking Company Latest to Face FCRA Lawsuit. Big Names Sign On To President’s Ban the Box Plan Google, American Airlines, Facebook, Starbucks, Coca-Cola and Hershey are just a few of the big names to sign onto the Obama administration’s effort to get ex-felons back to work. The companies that sign the “Fair Chance Business Pledge” agree to delay questions about a job applicant’s criminal record until it can be considered “in context.”

A Gallup poll at the end of 2015 found that a majority of Americans now believe marijuana should be legal. In 1969 only 12% of adults felt this way, but the number has been steadily rising year after year. Now, the support stands at 58%. As of this moment, 17 states have decriminalized the possession of small amounts of the drug, while nearly half of the states have legalized the drug to treat specific medical conditions. With the presidential election looming, you might be wondering where the candidates stand on the issue. It’s a bit of a historic shift. Under the U.S. Only time will tell.

Screening News Update. Dave and Buster's Suit Dismissed. IRS Still at High Risk for Security Breaches. I-9 Expired but not Revised. Whoopi! Marijuana Made Just for Women! Dave and Buster’s Suit Dismissed The class action lawsuit accusing entertainment giant Dave and Buster’s of not telling employees about background check results before making employment decisions has been dismissed. Both sides agreed to the dismissal, and U.S. District Judge Roy B. Dalton signed off on it. The IRS now has a list of 45 unresolved issues they need to address to secure the system. but don’t toss them just yet!

Earlier this year USA Today conducted an investigation that sent chills down the spines of parents across the country. The report showed teachers with histories of violence and even sex crimes were playing the system. Many were being allowed to resign instead of getting fired for inappropriate contact with students, and were then able to find their way back into classrooms by simply crossing into a different district. You can read our blog on the investigation here. Now, U.S. Representative Marsha Blackburn (R-TN) wants to find a national solution. She has proposed H.R. Background Checks

Screening News Update. Tennessee Buried Under Expungement Requests. Hawaii Lawmaker Asks "How Much is Too Much?". News from the FTC and EEOC. Tennessee Buried Under Expungement Requests. The city of Chattanooga, Tennessee has been making efforts to help those with criminal records get a second chance and become self-sufficient. Late last year the City Council voted to ban the box on all city employment applications. Now city leaders are tackling another roadblock. It turns out the Chattanooga Police Department still has 23,000 records on file that should have been expunged. Legislative Alerts

According to a poll conducted by the Society for Human Resource Management (SHRM) and the Drug & Alcohol Testing Industry Association (DATIA), more than half of all US employers conduct drug tests on all of their job applicants. Those that do said they believe the testing leads to an improvement in productivity, lower workers’ compensation cases and a decrease in employee turnover. Now, the trend is catching up internationally. According to a survey of international drug testing providers, drug testing sales are up significantly around the globe. Drug Testing

Amis and Pizzeria Vetri have huge followings in the Philadelphia area. In an effort to grow, the family that owns the eateries struck a deal with another Philly company, Urban Outfitters (URBN). The acquisition was a dream come true for chef and owner Marc Vetri, because suddenly he could focus all his energy on the food, while someone else worried about the day-to-day business headaches. They have the shared services," Vetri told the Philadelphia Business Chronicle. All of the lawyers, salaries, human resources, marketing and financials. But there was a catch. Form I-9 E-Verify

Screening News Update. Home Depot Pays the Price for Data Breach. Ban the Box Amendments Take Effect in Philly. Verify and I-9 News. Tourney Costs Employers Billions. Home Depot Pays the Price for Data Breach. While they admit to no wrong-doing, retail goliath Home Depot has agreed to settle several class actions stemming from a massive data breach. The breach affected customers paying with credit cards in the US and Canada between April and September of 2014. Home Depot will pay $19.5 million to settle the suits. Thirteen million will reimburse consumers who had out-of- pocket losses, and $6.5

The word “global” can be misleading when talking about pre-employment screening. Large companies that have facilities in other countries are the obvious customer for these services, but did you know your small to medium sized company might need global screening as well? If you are thinking about hiring someone who lived, worked or went to school overseas, global screening should be in your repertoire. This is especially true if you put all of your candidates through background checks. If the applicant was an adult during their time living abroad, you cannot ignore that part of their life.

A recent survey from the Society for Human Resources Management (SHRM) proves employers are using social media -- not only to find prospective employees, but as a means to disqualify candidates as well. The full report is 39 pages, but we have summarized the results for you. SHRM surveyed 400 HR professionals who specialize in employment or recruitment and found: 84% of their organizations used social media for recruitment. That’s up from 56% in 2011. That means they compare LinkedIn profiles to resumes and check out Facebook to see what people are like in their off time. Background Checks

Screening News Update. Lawsuits Surge in DC over Ban the Box. Pilot Program Drug Testing Drivers. Another Try for Medical Marijuana in Ohio. Lawsuits Surge in DC over Ban the Box. It’s only been a year and an half since Washington, DC instituted its Ban the Box policy, but there are already 365 cases accusing companies of violating the new law. Under the Fair Criminal Record Screening Amendment Act, employers are prohibited from asking about an applicant’s criminal history until after they’ve made a conditional job offer. Why are so many people coming forward? Legislative Alerts Videos

Opioid abuse has reached startling proportions in the United States. Millions of Americans are addicted, and the death rate has tripled in the last 5 years. The director of the Centers for Disease Control and Prevention (CDC), Dr. Tom Frieden, has said abuse of these drugs -- including prescription painkillers -- is “a growing epidemic that is gripping our country.” In fact, the CDC says non-medical use of these drugs is costing insurance companies up to $72.5 billion dollars a year. It’s not just the insurance companies paying the price. The testing itself is not very expensive. Drug Testing

Yes, tax season is in full swing, but there is still time for companies to recover some significant tax savings for 2015. The Work Opportunity Tax Credit (WOTC) was temporarily shuttered, but now Congress has given it new life, and has even allowed these hefty tax credits to be used retroactively. WOTC is a federal hiring incentive program that encourages companies to hire people from several target groups that tend to face barriers to employment. These groups include select veterans, those on food stamp and various other government assistance programs, just to name just a few. all new hires.

Screening News Update. Lawsuit over California Screening Loophole. Marijuana Bill Passes Georgia House. Oklahoma Governor Uses Executive Order to Ban the Box. Lawsuit over California Screening Loophole. The California Department of Motor Vehicles is being sued for allegedly allowing employers to get a hold of criminal history records that they are not legally entitled to see. They say the DMV refuses to purge these records even though the plaintiffs claim there is no legitimate use for them. Marijuana Bill Passes Georgia House. Oklahoma Governor Uses Executive Order to Ban the Box.

Without access to the right information, even the most thorough background check can fall short. Unfortunately, there are states out there that are really dropping the ball and making things harder for everyone. The latest is Georgia. An investigation by WSB-TV found that the outcomes for millions of criminal charges are missing from the state’s database. Here’s how it happened. In 2013 a law was passed that ordered the Georgia Bureau of Investigation to seal records for charges that were never prosecuted. Let’s say you were arrested for an armed robbery you didn’t commit. Problem solved?

The drug testing industry is one of the most dynamic arenas in the business world today. EBI’s partner OraSure Technologies is at the forefront of the industry, and is dealing with these rapid-fire changes each and every day. While at the SHRM ’15 Conference in Las Vegas, Jackie Pirone spent some time with Jennifer Gladstone to tell our Screening News Network viewers about issues that could affect screening programs. Click on the video now to hear all about new SAMHSA guidelines for hair testing, advancements to combat legalized marijuana use, the latest in oral testing devices and more.

If you are anxious for more details about the new EU-US Privacy Shield agreement, you are in luck. The entire framework can now be found here. This plan guarantees that private information from EU citizens will receive the same protections in the US as it would if the data was being used within the European Union. If a company does not agree to comply, they cannot export electronic information to the US. As with the now defunct Safe Harbor principles , those wishing to use Privacy Shield must self-certify that they follow the principles laid out in the framework. Safe Harbor

Employers and their background screening partners were optimistic a Supreme Court ruling in Spokeo v. Robins would establish an actual injury requirement for FCRA-based class action cases to advance through the courts. The Spokeo ruling was expected to settle the controversy created by divided lower court decisions on whether “no-injury” cases have legal standing based upon statutory violation alone or if specific injury must occur. The sudden passing of Justice Antonin Scalia on February 13, 2016 deprives the Court of a highly respected Justice and a prominent, frequently decisive vote.

Screening News Update. Judge Denies Sprint's Motion in FCRA Suite. Philadelphia Fair Practices Ordinance. Poughkeepsie Bans the Box. Judge Denies Sprint’s Motion in FCRA Suit. federal judge in Illinois has denied a motion to dismiss a lawsuit against Sprint for allegedly violating the FCRA. Chicago man filed a complaint against the communications giant claiming its authorization and disclosure forms violate the FCRA. Roberto Rodriguez, Jr. Rodriguez hopes to gain class certification and wants the court to declare that Sprint willfully violated the FRCA. Philadelphia Fair Practices Ordinance.

Screening News Update. NJ Proposes Medical Marijuana Law. Dave & Buster's Faces FCRA Lawsuit. Failing Grades for Teacher Background Checks. Beefing Up Safety for Military Children. New Jersey Proposes Law to Protect Jobs of Medical Marijuana Users. The New Jersey Legislature is taking steps to help protect medical marijuana users from losing their jobs. Many patients have been fired for failing mandatory company drug tests, even though they only use the drug during their off hours. Several have taken their employers to court. The legislation basically says failing a drug test is not enough.

Our recent blog, Employers Get More Backup in Medical Marijuana Fight , got a very big response and some interesting questions. Here’s a quick refresher on the story. Tractor Supply Company job applicant told the HR department that he legally used medical marijuana to treat HIV/AIDS. The company offered him the job, but quickly fired him when he failed the mandatory drug test. The court ruled in the company’s favor claiming that compelling the employer to keep the employee would essentially be forcing them to break federal law. Drug Testing Legalizing Marijuana

USA Today has produced an outstanding piece of journalism with its report, Broken Discipline Tracking Systems Let Teachers Flee Troubled Pasts. The fascinating investigation has uncovered glaring weaknesses in how teachers are vetted before being allowed into the classroom. They do point out that the number of teachers facing some kind of disciplinary action serious enough to affect their teaching license is very small -- about 1% of the 3 million US teachers. But some states, like North Carolina, do not require any criminal background checks when someone applies for teaching credentials.

Screening News Update - February 19, 2016. Medical Marijuana Sales Soar. Maryland Lawmaker Seeks to Put Marijuana Legalization Question to Voters. This isn't Cheers Anymore. Medical Marijuana Sales Soar According to ArcView Market Research, legal retail sales of marijuana are expected to top $6.7 billion by the end of the year – that’s up from $5.4 billion last year. The non-medical, adult use market sales grew astronomically from $351 million to $998 million—that’s a 184% increase in one year. In 2016, 11 new states will be putting the issue before the voters. Legislative Alerts

The other day I came across a short little article from Woonsocket, Rhode Island. First of all, we all just love the name Woonsocket and might have to come up with a reason to visit. But the cute name is not what caught my eye. The article was about the city council voting to start incorporating E-Verify into the city’s hiring process. The vote was 4 to 2, until Mayor Lisa Baldelli-Hunt said she absolutely won’t allow it. Here’s the best quote from the article: “This isn’t Mexico. We’re not Texas. So, where shall we start? First of all, E-Verify is a free program that is relatively easy to use.

The NFL has had enough of getting its reputation battered and bruised by players like Ray Rice and Greg Hardy. Last year they performed. background checks on draftees. Starting this year, players who have been convicted of things like domestic violence, sexual assault or weapons offenses will not be allowed to participate in the league’s annual. Scouting Combine in Indianapolis. All 32 teams were emailed a memo in January that outlined the new rule. Every player that wants to participate in the combine must give the NFL authorization to do a background check. Background Checks

The Fair Credit Reporting Act has several roles, but when it comes to background screening for employment purposes, it’s the basis for some of the most aggressive and costly lawsuits. Creating the right system before any hint of trouble can not only save you headaches -- it could save your shirt. In this piece, Jennifer Gladstone speaks with some of the most knowledgeable people in the industry about how to do everything right. Big Lots. Accused of running background checks on applicants and employees without their knowledge or consent. Chipotle. Whole Foods. Montserrat C. Pamela Q. Pamela Q.

Screening News Update. Judges OK Background Check Settlement. EU - US Privacy Shield Announced. Ban the Box on College Campuses? Medical Marijuana Pages Foiled by Facebook. Judges OK Background Check Settlement. One of the largest background screening firms in the country has finally settled a lawsuit that alleged it violated the Fair Credit Reporting Act (FCRA). Dish satellite TV installers claimed that the screening company provided outdated information to employers. The reports allegedly contained impermissible 20-year-old charges, citations and arrests -- and caused many to lose their jobs.

A survey conducted by. www.Yougov.com found that more than half of all Americans believe marijuana should be legal. In the January 15th survey, 52% percent of respondents under the age of 65 said marijuana should be legalized. In March of 2015 that number was 48%. Colorado, Oregon, Washington, Alaska and Washington, D.C. have legalized recreational marijuana in some form, and 23 others have given the OK for the drug’s medical use. While it seems there is only one place for this speeding freight train to stop… employers are still getting the support they need to keep weed out of the workplace.

EBI's Screening News Update – February 5, 2016. • New Federal Agency to Handle Background Checks • Pennsylvania Teachers Fight Background Checks • National Retailers Hit With Ban The Box Fines. 2:50. POWERED BY WISTIA. Loading. Playing in. 1080p. Switch to Flash. About Wistia. Subscribe To Our Blog To Receive Our Weekly Screening News Updates. New Federal Agency to Handle Background Checks. The federal government is changing the way it conducts background checks for its employees, contractors and members of the Armed Forces. Pennsylvania Teachers Fight Background Checks. Ban the Box

Who is most likely to hack your company’s vital information? It’s human nature to believe that any attacks aimed at harming your business must come from some faceless cyber-criminal lurking in a dark room somewhere far, far away. Unfortunately, that is not the case. cyber-security firm surveyed nearly 800 senior executives from around the world about corruption and the risk of fraud. Stunningly, 75 percent of these business leaders said their companies reported being victimized in some way over the past year. But the survey found that 81-percent of these attacks came from the inside!

You already know that bullying happens among children and teens in schools. The real unknown is how to stop it. According to. NoBully.org. bullying and cyberbullying happen in four main ways - often repeatedly and in combination: Physical bullying is most often used by boys, and includes hitting, pushing, shoving, kicking, taking a student’s belongings or stealing their money. Relational bullying is most often used by girls, and includes isolating others from their peer group by leaving them out, gossiping, spreading rumors and scapegoating. Workplace Violence