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OSHA Delays Enforcement of Post-Accident Drug Testing Rule to December
EBI
OCTOBER 20, 2016
Below is the delay of enforcement memorandum sent on October 18, 2016, to all OSHA Regional Administrators from Deputy Assistant Secretary Dorothy Dougherty: The final rule to Improve Tracking of Workplace Injuries and Illnesses contains three new employee involvement provisions that address employer conduct that could discourage employees from reporting work-related injuries or illnesses.
Courts Shut Down Professional Plaintiff
EBI
AUGUST 11, 2016
Instead of accepting one of the positions, he sent a letter to the company saying he planned to sue over violations of the Fair Credit Reporting Act – unless the company was willing to pay him a six-figure settlement to go away. The Professional Plaintiff reportedly taught himself how to spot these easily avoidable FCRA violations. Sometimes the hot coffee is just too hot.
A Closer Look: Oral Fluid Drug Testing for DOT Employers
EBI
MAY 12, 2016
For example, administrative data indicates it takes, on average, about 4 hours from the start of the notification of the drug test to the actual time a donor reports back to the worksite. 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.
Quick and Easy Doesn't Always Mean Legal
EBI
AUGUST 9, 2016
But if they don’t comply with the Fair Credit Reporting Act (FCRA), searches they do for you could be illegal. It also gives you the right to dispute the accuracy or completeness of any information in your report, and have the chance to get any mistakes corrected. By law, if the info is for a job or housing application, the company reporting the information MUST comply with the FCRA.
The Performance Management Storm: Four Macro-Trends Driving the Change
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direct reports. 3. development, Forbes reports that “69%. Rather than a formal, once-a-year review, managers and their direct reports hold regular, informal “touch-points” where they set or. ManagementPlus portal We provide detailed reporting on results and. 1Why Your Company Will Need to. Rethink Performance Management eGuide Part 1: The Argument. happening now. If the.
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Legislative Alert - Friday, October 7th, 2016: Trump & Clinton Fail Social Media Background Checks
EBI
OCTOBER 7, 2016
BOTH reports came back with hits for “Potentially Unlawful Activity” and “Racism and/or Demonstrations of Intolerance,” among other negatives. The reports are several pages long. Check them out here -- Clinton's Social Screening Report and Donald Trump's Social Screening Report. The law does allow for a third party Consumer Reporting Agency (CRA) to conduct the checks.
Legislative Alert - Friday, October 21st, 2016: Study Finds Mature Employees Good for Business [Video + Transcript]
EBI
OCTOBER 21, 2016
District Judge granted summary judgement to JPMorgan Chase in a case filed by a job applicant claiming the bank’s hiring process violated the Fair Credit Reporting Act (FCRA). The plaintiff says the bank violated the law by failing to give her a copy of her rights, or a copy of the report—which was generated by a service that pulls fingerprints from the FBI database. Screening News.
Legislative Alert - Thursday, October 13th, 2016: Which Hires Outstay and Outperform Peers? [Video + Transcript]
EBI
OCTOBER 13, 2016
Yahoo Breach Even Bigger that Reported? Yahoo Breach Even Bigger that Reported? Neither did I -- but Business Insider is reporting that millions more could be affected. Screening News. WOTC Employees Have Greater On-the-Job Success. CA Juvenile Records Off Limits. Bieber Battles for Medical Marijuana. 2:42. 2:42. Facebook. Twitter. Embed. Speed. Quality. 1080p. message.
Social Media Use Becoming a Regular Part of the Hiring Process
EBI
MARCH 23, 2016
The full report is 39 pages, but we have summarized the results for you. 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. That’s up from 56% in 2011. Note: You can read the entire SHRM survey here. Background Checks
The Performance Management Storm: Four Macro-Trends Driving the Change
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direct reports. 3. development, Forbes reports that “69%. Rather than a formal, once-a-year review, managers and their direct reports hold regular, informal “touch-points” where they set or. 1Why Your Company Will Need to. Rethink Performance Management eGuide Part 1: The Argument. for Change 2 3About this Guide Organizations are increasingly. management systems (organized as.
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Legislative Alert - Thursday, November 3rd, 2016: Sticks & Stones Could Really Hurt
EBI
NOVEMBER 3, 2016
Credit Reporting Agencies Forced to Overhaul Practices. In a lawsuit, the would-be-renter said he was never given a chance to dispute the “SmartMove Report.” He sued saying TransUnion violated the Fair Credit Reporting Act (FCRA) when they gave the incorrect info to the landlord without giving him the chance to set the record straight. Screening News. Privacy Shield Challenge.
Another Delay in OSHA Post-Accident Drug Testing Rule Enforcement
EBI
OCTOBER 27, 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. How to utilize your new Post incident/accident drug testing report. The rules were originally set to go into effect in August. The agency offered some guidance back in October to help clear that up.
Legislative Alert: Friday, June 17th, 2016 - Waffle House in a Jam
EBI
JUNE 17, 2016
The plaintiffs accuse the waffle giant of using a “fast and cheap alternative” instead of a Consumer Reporting Agency that follows the FCRA. Waffle House and the online company that provided the background report, The Source for Public Data, filed a motion to dismiss claiming the named plaintiff didn’t have standing. Screening News. Waffle House can't catch a Break.
Georgia Seals Conviction Records; Employers Don’t Know Who They’re Hiring
EBI
MARCH 10, 2016
Legislators realized that lots of Georgians were unable to get jobs because accusations were reported, but the outcomes were not. 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. Here’s how it happened.
Ditching the formal performance review? Kineo shares 3 Elements for Success
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role of managers as described in a recent report. their direct reports about the. report’s performance Linking individual. KnowledgeAdvisors (2015) reports. organization and set up your learners in the Manage- mentPlus portal We provide detailed reporting on results and activi- ties for program managers, sponsors, and executives 21 Who is it for? From Performance Management. to Performance Development eGuide 2Part 2: A Roadmap. for Change In Part 1 of this eGuide, we explored the confluence. of factors that’s driving change in how performance. This all sounds.
Behind the Screen Part 3 – Compliance in Background Screening: What is it, and Why Should I care?
EBI
OCTOBER 5, 2016
The background screening company – defined as a “consumer reporting agency” (CRA) – also has very specific obligations. 2. The laws and regulations surrounding background screening are designed to protect: 1) the “consumer” – your candidate for employment or continued employment, and 2) the “user” – that’s you as the employer and user of background reports. Compliant Reporting.
FCRA Cases and the Justice Antonin Scalia Void
EBI
MARCH 3, 2016
WebRecon reported FCRA cases increased from 2,445 in 2014 to 3,751 in 2015 with 601 of the 2015 cases being filed as punitive class actions. 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. Dave & Buster’s Inc.
Legislative Alert - Friday, August 26th, 2016: Frito-Lay Settles FCRA Suit
EBI
AUGUST 26, 2016
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. Screening News. Frito-Lay Settles in FCRA Fight. Waffle House Appeals Judge's FCRA Decision. Recreational Pot Coming to California?
Behind the Screen Part 1 - Background Check Accuracy is No Laughing Matter
EBI
APRIL 27, 2016
The important thing to remember is that there are, in fact, many reputable providers in our industry – and we go to great lengths to ensure the accuracy of our reports. How do we ensure background reports are accurate? Let's use an example: This may best be explained with an example of what accurate reporting should look like. Enjoy! Sometimes our industry gets a bad rap.
Leaving performance reviews behind: Where to start [Guide]
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report from UNC’s Kenan-Flager Business. Mercer reported in 2013 that only. 9% of managers are highly skilled at. For example, KnowledgeAdvisors (2015) reports that “41%. ManagementPlus portal We provide detailed reporting on results and. 1Making Dynamic Performance. Development a Reality eGuide 3Introduction Does your organization want to adopt. At the same. guidance.”.
Congresswoman Wants Background Checks for All School Employees
EBI
APRIL 12, 2016
The report showed teachers with histories of violence and even sex crimes were playing the system. Earlier this year USA Today conducted an investigation that sent chills down the spines of parents across the country. 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
Behind the Screen Part 2 - The 9 Questions to Ask Your Screener About Information Security
EBI
AUGUST 4, 2016
Staff members should be fully aware and trained on how to identify a potential security event and the process for reporting to management. You should have a complete understanding of your provider’s policies and your expectations for reporting incidents when it affects your candidates’ or company’s data. This is no simple task. But how do you find a partner you can trust?
Ohio's Background Check System a Mess
EBI
JANUARY 20, 2016
The investigation discovered counties that were neglecting to report convictions, as well as thousands of correctly reported cases that were not getting archived by the system. Real people visit every relevant court house, read the records and report back with what we call a “hit” if a conviction is found. Unfortunately, the fix is not a simple one. Yes, technology is great.
How Employers Can Prepare for OSHA's New Post-Accident Testing Rules
EBI
JULY 21, 2016
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. OSHA believes “the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting. Newly Announced Enforcement Delay. Originally scheduled to begin Aug.
Move Beyond Learning to Applying: A Modern Management Development Program
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happens after training We report out on a balanced. learning portal, which we can use to report. 1 kineo.com [email protected] 312-846-6656 Hard to believe that it’s been almost 20 years since the term “eLearning” entered the corpo- rate learning lexicon. And just in the last five years, the velocity at which new solutions have entered. the market has gone through the roof. We now.
Legislative Alert Thursday April 14th: Whoopi Launches Line of Pot-Infused Products
EBI
APRIL 14, 2016
An attorney for D&B’s says the company completely complies with the Fair Credit Reporting Act (FCRA) and that there was no merit to the case. They also said the named plaintiff, Joseph Alvarez, lacked standing to bring the suit because the company never used a consumer report to make decisions that affected his employment. Screening News Update. Dave and Buster's Suit Dismissed.
OSHA Colors in Post-Accident Drug Testing Expectations
EBI
AUGUST 31, 2016
Note from the Editor: Coming up next week, EBI is offering a webinar on new OSHA rules about reporting injuries in the workplace. The Occupational Safety and Health Administration (OSHA) on August 19 filed its memorandum brief in opposition to attempts by several groups of builders who wish an enjoin OSHA’s new post-accident drug testing reporting rule. The case is Texo ABC/AGC Inc.
Mass Overdose Puts Spotlight on Synthetic Drugs
EBI
JULY 19, 2016
He reported watching people collapse, and said it looked like a scene out of a zombie movie. In fact, the Maryland DOT positive rates for marijuana use is right around 5%, but about 9% of truckers have self-reported using pot. 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.
Legislative Alert March 2, 2016: Sprint's Motion to Dismiss Denied in FCRA Suit
EBI
MARCH 2, 2016
Members of the Philadelphia City Council have introduced legislation that would make it illegal for employers to request a credit report from most job applicants and current employees. 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. Roberto Rodriguez, Jr.
4 Ways to Close the Learning-Doing Gap for Front-Line Managers [GUIDE]
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KnowledgeAdvisors (2015) reports that “41% of training. has had several direct reports complain that. FOUR WAYS TO CLOSE THE. LEARNING-DOING GAP FOR. FRONT-LINE MANAGERS 4FOREWORD We’re in business to help organizations. achieve their goals by making sure their. employees have the knowledge and skills. they need to succeed. Our experience. and research led us to identify that one.
[Video] Legislative Alert March 11, 2016: California DMV Accused of TMI
EBI
MARCH 11, 2016
They claim the DMV is reporting the records to employers and background screening companies—and that is in violation of California’s Constitution and Labor Code. 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. Legislative Alerts Videos
Legislative Alert - Thursday, September 22nd, 2016: Sex Offender Blunder Down Under
EBI
SEPTEMBER 22, 2016
Investigators tracked down the cellphone used to call in the warning and arrested the woman for making a false report about a bomb. 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. Bomb Threat to Help her Boyfriend.
Fraud Risk Starts Under Your Own Roof
EBI
FEBRUARY 3, 2016
Stunningly, 75 percent of these business leaders said their companies reported being victimized in some way over the past year. 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.
Are You Checking References? You Should Be.
EBI
JANUARY 27, 2016
CareerBuilder survey found that 42% of companies reported a bad hire cost them at least $25,000. It’s not terribly hard to look good on paper. nice resume can often get you in the door. There are also plenty of people who can ace an interview in their sleep. While many of us claim to be “a good judge of character”… would you be willing to bet your company’s health on your ability?
The Supreme Court Makes Long-Awaited Decision in Spokeo FCRA Case
EBI
MAY 20, 2016
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. Related: Closer Look: FCRA - Employers' Win, Lose, and Draw. Related: FCRA Compliance: Lawyers Fishing for Big Lawsuits. So what’s an employer to do?
Part 2 - Using Social Media for Background Checks
EBI
JANUARY 21, 2016
He also says be cautious, print out the pages you look at, and if you hire a background screening company to do the social media check, be sure you disclose the fact that you are doing the screen and get proper authorization under the Fair Credit Reporting Act. Is social media a blessing or a curse? For employers and hiring managers…it’s sometimes hard to tell. Background Checks Videos
Legislative Alert - Friday, June 24th, 2016: Ride Shares Have Friends in High Places
EBI
JUNE 24, 2016
report from www.thehill.com reveals that the Federal Reserve faced a multitude of cybersecurity breaches between 2011 and 2015. The Fed’s cybersecurity team logged 310 incident reports. Screening News. Former Attorney General Backs Ride-Shares. Uber Settles Background Screening Lawsuit. Federal Reserve Hacked! Colorado Affirmation Repealed. One More Ban the Box. million to settle.
Legislative Alert Thursday April 21st: Major Names Pledge to Ban the Box
EBI
APRIL 21, 2016
The suit, which was filed on April 7 th , claims the company didn’t tell prospective employees that they would be obtaining a copy of their credit reports during the hiring process. 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. Legislative Alert
How To Choose a Background Screening Partner [Video]
EBI
APRIL 22, 2016
But when it comes to compliance, the important thing is that as an end user of reports, you need to understand “what are my responsibilities under the Fair Credit Reporting Act,” and that’s where I would start. 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.
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