Posted in drug screening
Hiring abusers of drugs and alcohol reduces productivity, increases safety risks, and increases potential workers compensation or legal costs. And with 23.9 million Americans using drugs, having an effective drug screening process for your business is more important than ever.
Perhaps you already have a drug screening program or perhaps you’re considering starting one, either way, here are some best practices we’d recommend you consider:
Create a formal drug screening policy
A formal drug screening policy ensures there is consistency and transparency across the organization.
A comprehensive policy should cover all state and federal compliance concerns and should be reviewed by a legal expert – there should never be corners cut or expense spared when it comes to abiding by legal regulations. The risks are simply not worth it.
Customize testing to suit your needs
Drug testing needs vary by industry and individual worker roles, so consider the types of tests and technology needed for each specific role.
Hair testing offers up to 90 days of visibility and may be preferred for any screening of job applicants. However, urine or oral fluid testing might be a better option for screening current employees with its shorter, 7-day window.
Just in case you ever face legal trouble or a regulatory audit, document every single part of the drug screening process for each individual, from notification of a test to delivery of results. A paper trail is critical when faced with an audit situation and you want to ensure there are no gaps in your process that another party can exploit.
MYB’s drug screening use the latest testing technologies to support each unique client and ensure smooth and successful screening programs. If you’d like to talk to our team about how a drug screening program can help your business, we’d love to hear from you.
Posted in credit checks, credit checks in employment
As of July 7, 2016, employers in Philadelphia are no longer permitted to obtain or use credit information regarding employees and job applicants.
Signed into law by Philadelphia Mayor Jim Kenney, the new legislation makes it illegal for employers to use the credit information of Philadelphia job applicants or employees – unless covered by an exception – for employment decisions such as hiring, firing, or promotion.
- to any law enforcement agency or financial institution;
- to the City of Philadelphia with respect to efforts to obtain information regarding taxes or other debts owed to the City;
- if such information must be obtained pursuant to state or federal law;
- if the job requires an employee to be bonded under City, state, or federal law;
- if the job is supervisory or managerial in nature and involves setting the direction or policies of a business or a division, unit or similar part of a business;
- if the job involves significant financial responsibility to the employer, including the authority to make payments, transfer money, collect debts, or
- enter into contracts, but not including handling transactions in a retail setting;
- if the job requires access to financial information pertaining to customers, other employees, or the employer, other than information customarily provided in a retail transaction; or
- if the job requires access to confidential or proprietary information that derives substantial value from secrecy.
If you have any questions as to if or how this new legislation might affect you, our team will be happy to help.
Posted in employment
According to the latest jobs numbers from the Bureau of Labor Statistics, the veteran unemployment rate was 4.2 percent (once again lower than the overall unemployment rate).
This continues a 24-month trend that had only a single exception, when veteran unemployment was 0.1 percent higher than the overall number in December 2015.
This type of progress doesn’t happen by accident.
According to BLS, employers are redesigning their human resources practices to better welcome veterans into that workforce with special hiring, training, and retention programs. And federal, state and local governments continue to help veterans and employers find each other through 2,500 American Job Centers across the country.
The positive trends in veterans unemployment data appears to show that we are on the right track, striving to bring veteran unemployment down to as close to 0% as possible.
Posted in drug testing
After being suspended last month for failing to conform to international standards, Brazil’s only laboratory capable of handling drug testing at the Summer Olympics in Rio de Janeiro has been reinstated by the World Anti-Doping Agency (WADA) – just two weeks before the start of the Olympic Games.
“WADA is very pleased to announce that the Rio Laboratory’s accreditation has been reinstated,” said WADA director general Olivier Niggli.
To win back its certification previously, having also lost it in 2013, the federal government poured 200 million Brazilian real (US $60 million) into the facility. The investment brought state-of-the-art drug testing instruments to the Rio lab, including mass spectrometers (which identify molecules based on their masses and trajectories as they pass through electric or magnetic fields). It is unclear as to what specifically caused the suspension this time around.
The Rio lab remains under close scrutiny by WADA, which will be watching for not only technical compliance, but also signs of corruption, which it discovered was occurring in spectacular fashion at the WADA-accredited lab in Russia, including during the 2014 Winter Olympics in Sochi.
The 2016 Olympics begin on August 5 with doubts surrounding Russian involvement.
Posted in MYBINC
Please note that there will be changes made to the look of the social security trace MYB provides. Clients will no longer receive FULL details, the report will now reflect a summary of the jurisdictions and dates only.
Social Security Traces are not to be used, in whole or in part, as a factor in determining a consumer’s eligibility for credit, insurance, employment or for other eligibility determination purposes that would qualify the service as a consumer report under the Fair Credit Reporting Act.
Since the Social Security Trace is not considered a consumer report, the normal FCRA avenues available for disputing contents of a consumer report do not apply.
Don’t hesitate to get in touch if you have any questions.
Posted in employment
According to HireRight’s 2016 Benchmark Report, finding and keeping qualified employees is the highest priority for employers and hiring professionals.
With the job market more candidate-centric than ever, though, employees are more likely to switch jobs for a better work environment, benefits package, salary, or opportunity.
As previously posted on this blog, the ROI of a bad hire can be as awful as -298% and the costs of onboarding a new employee averages out at $57,968. This means it’s critical that you’re looking at ways to reduce employee turnover and attract – and retain – quality workers.
To accomplish that goal, here are a few of the steps we recommend:
1) Clearly define the role
Your job descriptions aren’t something to be pulled together in 30 minutes. These descriptions act as your first qualification tactic, removing anyone who wouldn’t be a fit and interesting those who would.
Job descriptions require careful thought as to the roles the individual will fill, the skill sets they’ll need, the personality attributes that are important to completing their tasks, and any relevant experience that would differentiate one applicant from another.
2) Compile a ‘success profile’
You can’t attract the right candidate unless you know exactly what “right” is. You’ll need to profile top performers (both internally and externally) to identify desired skills, attributes, experience, and personality.
Using this information, you’ll be able to develop a profile to help you select the candidates most likely to succeed in that particular position.
3) Evaluate the hiring process
There’s a fine balance to strike between qualifying candidates appropriately and over going over the top. If your qualification steps take too long, many candidates don’t want to waste their time and will often take another opportunity if it presents itself before you can even get them past the initial stages of vetting.
One way to counter a drop off is to make sure your candidates are aware of what to expect with respect to your entire evaluation process. Transparency is key and builds trust from day one.
4) Ensure it’s a two-way street
Employers often feel like applicants should be eternally grateful for the opportunity to interview (and potentially get a job offer). In reality, it’s just as important for employers to prove to candidates that the job is a good fit for them, as much as it is for the candidate to prove to the employer they are a good fit for the job.
Encourage questions, be transparent, and be honest.
5) Consider getting expert help
There’s a lot to manage when it comes to hiring, particularly for small businesses. Whether it’s getting help with finding candidates, screening candidates, on onboarding employees, there are expert agencies that can provide that support.
Background screening, for example, is something that can prove critical to your organization, and a process we’d be happy to support. Following a well-thought-out, professional, and structured hiring process will help you best match the right people to the right jobs.
Posted in EEOC
In 2012, the Equal Employment Opportunity Commission (EEOC) issued guidance stating that employers cannot maintain blanket policies that exclude persons from employment on the basis of a prior criminal conviction, believing that such policies have a disparate impact against minority and male applicants.
Instead, according to the guidance, employers should conduct an individual analysis of the applicant’s criminal history, only excluding such persons from work based on factors such as the age of the conviction, and the relationship between the crime committed and the job itself.
The Texas Attorney General filed suit seeking to declare the new guidance an improper expansion of the EEOC’s legislative and regulatory authority, maintaining that felony convictions should automatically exclude applicants from certain jobs within state government.
The district court dismissed the lawsuit on procedural grounds, finding that Texas lacked legal standing to sue, and that there was no actual case or controversy to be litigated at that point.
However, the Fifth Circuit disagreed (in a 2-1 decision), remanding the suit to the district court for further proceedings. The court rejected the EEOC’s argument that the guidance is nothing more than a statement of the agency’s enforcement position based on existing law. This decision means that the EEOC will be required to substantiate its legal basis for the enforcement they highlight in the guidance.
If ultimately rejected by federal courts, the EEOC would be faced with a need to obtain additional legislative or regulatory authority in order to broadly prohibit employers from imposing automatic criminal background exclusions.
Posted in background checks
It often surprises people to hear that different types of background checks use different databases when collecting information about the background check recipient.
Tenant background checks, for example, are often conducted by CRAs and are regulated by the FCRA, while firearm background checks are done either by phone or online through the FBI’s ECheck system. Employment background checks are similar to tenant background checks, but often more detailed.
To make life a little simpler for those considering performing background checks, we’ve laid out the key databases/resources:
National Instant Criminal Background Check System (NICS)
The FBI’s NICS is used when performing a one-time instant check for gun purchases. It does not play a role in employment, tenant and volunteer recruitment background screening.
The FBI Identification Record
Often referred to as a criminal history record, the FBI Identification Record is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service.
Interstate Identification Index System or “III” System
The III System contains automated criminal record information accessible through National Crime Information Center. A federal-state compact was created in 1999 which allows criminal history records from the FBI and State criminal history record repositories to be shared through the III System for noncriminal justice purposes such as governmental licensing and employment background checks.
Despite popular belief, the III System is not a complete national database of all criminal history records in the United States. In fact, many state records, whether from law enforcement agencies or courts, are not included or have not been updated.
State and local courts
In the context of a background check, requests for court records can be broken down in two groups: civil court records and criminal court records.
Civil court records provide information about claims, suits, and judgments filed by or against the subject of the report. Criminal court records provide information about an individual’s criminal history.
The bottom line? There is no single government database containing complete and updated records regarding a person’s criminal history. Collecting this information from the various databases to compile a comprehensive insight requires expertise.
To save time and reduce the possible of error, allow a specialized screening firm to take the lead on background checks for you. If you’re interested in learning more, our team will be happy to help.
Posted in employment
According to ‘The Employment Situation’ news release from the Bureau of Labor Statistics, the U.S. economy added 287,000 jobs in June. The unemployment rate also rose to 4.9 percent.
Job growth occurred in leisure and hospitality, health care and social assistance, and financial activities. Employment also increased in information, mostly reflecting the return of workers from a strike.
The unemployment rate increased by 0.2 percentage point to 4.9 percent in June, and the number of unemployed persons increased by 347,000 to 7.8 million. These increases largely offset declines in May and brought both measures back in line with levels that had prevailed from August 2015 to April.
Among the major worker groups, the unemployment rates for adult women (4.5 percent) and Whites (4.4 percent) rose in June. The rates for adult men (4.5 percent), teenagers (16.0 percent), Blacks (8.6 percent), Asians (3.5 percent), and Hispanics (5.8 percent) showed little or no change.
The change in total nonfarm payroll employment for April was revised from 123,000 to 144,000, and the change for May was revised from 38,000 to 11,000. With these revisions, employment gains in April and May combined were 6,000 less, on net, than previously reported. Over the past 3 months, job gains have averaged 147,000 per month.
Posted in summer camps
School’s out and summer’s here.
For many kids, the end of school means the arrival of summer camp season. For many parents, though, the question begs as to whether summer camps are safe for the kids they are meant to serve.
Sen. Charles Schumer (NY) is pushing for legislation to open up the FBI’s sexual-offender and criminal databases so that organizations that employ counselors can conduct thorough background checks.
Under current law, camps, charitable organizations and other employers of staff interacting with children are limited to New York state’s criminal recordkeeping. So a prospective employee with a record of abuse in another state would fly under the radar.
About a third of the states allow youth-serving organizations to access the FBI’s extensive offender databases, but New York is not one of them, Schumer said.
His bipartisan proposal, Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2015 would assure access for all such groups to FBI files through mechanisms such as a Justice Department 800 number.
“Parents deserve the peace of mind knowing that their children are in good hands when they drop them off at camp and other afterschool programs,’’ Schumer said.
According to N.Y. York State Department of Criminal Justice Service figures cited by Schumer, there are 16,758 registered sex offenders in upstate New York, with 2,548 of them in the Capital Region.
Next Page »