The trend for freelance or short contract employment versus permanent positions has been steadily rising. Many cite the millennial generation's penchant for flexibility and mobility as one of the main causes for this upward trend. Another cause may be that the digital age allows workers to complete jobs from anywhere; no longer forced to labor in an office environment. But whatever the cause it does create a new set of obstacles companies must surmount.
As the gig economy grows and companies continue to hire, businesses are doing everything they can to protect their brands and their reputations and to keep their existing employees and customers safe. And one of the best ways to do that is to conduct a thorough background screen. Employment screening ensures better-quality hires, more consistent safety and security and improved regulatory compliance.
Although many companies usually vetted their full-time employees, they were apt to let part-time or independent contractors slide. But recent events have companies rethinking how they vet such workers, many of whom interact directly with consumers and represent a company's brand. Gig employees generally have the same access to your clients and your intellectual property as your traditional workers so it makes sense to screen them to the same degree as your full-time employees.
Gig employees move quickly; from accepting a contract to starting the project, there is little downtime, which means background screening needs to be fast. Companies must be able to trust their screening partner to deliver rapid turnaround times in order to leverage their independent workforce. This is where we come in. We provide multiple levels of service to satisfy all the screening requirements your company may have. Contact us today to learn more.
A recent National Law Review article reported that in 2019, the Social Security Administration (SSA) will restart its mismatch letter notification program. Through mismatch letters—formally titled Employer Correction Requests—the SSA notifies employers that the social security number (SSN) and name reported for one or more employees does not match SSA records. These notification letters advise employers that a SSN mismatch is not an assumption of SSN falsification or other misconduct. Mismatches can be caused by typographical errors, unreported name changes, incomplete records, or SSN misuse. In any event, employers who receive such letters must act promptly and are advised to document the steps taken to resolve the discrepancy.
Employers who receive a mismatch letter should check their personnel records for the employee in question to confirm the information in company records matches that provided by the SSA. Simple typographical errors or name discrepancies that led to a mismatch generally can be rectified quickly by submitting this information to the SSA. In the event the mismatch is not based on employer error, the employer should notify the employee of the mismatch, preferably in writing—and in turn, the employee must then resolve the mismatch. However, employers will remain responsible for ensuring the process is complete. To do so, employers may follow up with each impacted employee to confirm the steps they are taking and that a resolution does occur. Again, employer documentation of these steps is recommended.
It is important that employers not take adverse employment action (including formal discipline, termination, or informal forms of negative treatment) against employees solely based upon the notice that a mismatch has occurred. Employers must allow time for the employee to address and resolve the mismatch. In the event a mismatch cannot be resolved or SSN misuse is confirmed, employers should contact legal counsel to determine the appropriate steps to take with regard to the involved employee.
A-Check Global provides our clients two methods to either verify or associate a social security number.
The Social Security Trace Report provides employers with an "association" between a social security number and the information housed by one of the major credit bureaus linked to the individual SSN. The report reveals information captured when the SSN is used for financial purposes like credit financing, leasing, student loans and even some court actions including judgments and liens. It can reveal additional alias names and addresses associated with the applicant not included in information provided by the applicant on their resume or application. The Social Security Trace Report may returned with a "no hit" result. This does not necessarily mean the social security number does not belong to the applicant or serve as an indication the applicant was untruthful. It may simply mean the applicant has not developed a credit history and/or the social security number was recently issued.
The Consent Based Social Security Verification or CBSV Report "verifies" a social security number and name coincide with Social Security Administration records. With the consent of the applicant, A-Check uses the CBSV report to verify the name and SSN provided by the applicant match the records maintained by the Social Security Administration.
Both the Social Security Trace Report and Consent Based Social Security Verification are valuable tools in mitigating hiring risk. Employers simply choose the right option to meet their specific screening needs.
And remember A-Check Global's teams of dedicated professionals are available to answer any additional questions.
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued a revised disclosure form document—"A Summary of Your Rights Under the Fair Credit Reporting Act"—in an interim final rule under the Fair Credit Reporting Act (FCRA).
Employers and background screening companies (A-Check Global) may begin using this new form beginning Friday, September 21, 2018, and are required to provide this disclosure to employees and job applicants per FCRA guidelines. Failure to provide correct disclosure notification can lead to increased risk, including litigation.
Why is this disclosure form changing?
In May 2018, and in response to significant data breaches, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. The new law requires credit reporting bureaus, under certain circumstances, to provide consumers fraud alerts and unlimited, free national security freezes and freeze releases. These are intended to make it harder for identity thieves to open accounts in a consumer's name.
The new legislation also amends the FCRA to exclude from consumer reporting information certain medical debts incurred by veterans. Additionally, it establishes a new dispute process with respect to such medical debt.
Finally, the new law mandates that whenever a background check company is required to provide a copy of the "A Summary of Your Rights Under the Fair Credit Reporting Act" to comply with FCRA 609 (full file disclosure requirements) or FCRA 605A (Victims of Identity Theft requirements) the "Summary of Consumer Identity Theft Rights" disclosure form, they also must provide a notice regarding these new security freeze rights. However, A-Check's counsel has opined that there is some gray area in the legislation that could be argued by Plaintiffs' Bar that this requirement extends to end user adverse action requirements, so A-Check made system adjustments to ensure our client compliance.
To err on the side of caution, ensuring our clients remain compliant with all interpretations of this new law, A-Check has appended the new security freeze notice into our existing Summary of Rights disclosure notification appearing at the back of all A-Check reports. When A-Check clients provide a copy of the A-Check report in the adverse process, the new freeze notice will be included. You can view a copy of the consolidated notice here.
By November 1, 2018, our systems will be updated to include a version of this disclosure with a fully integrated security freeze notice. Rest assured, our current version is compliant. You can view a copy of this upcoming notice here.
Please seek advice from your legal counsel to ensure your forms comply with the new requirement.
Got questions? When in doubt, don't forget you can always #AskACheck. Our team of dedicated professionals are available to help, and can provide friendly, accurate guidance. Give us a call today at 877-345-2021, or email clientsupport@acheckglobal.com.
Today's "Top 10" List: Why is my file delayed?
Believe us, we totally understand. Based on experience, you expect a pretty consistent turnaround time for your background screens. But every now and then a file might take longer than expected, and the delay leaves you scratching your head. We're not fans of delays either, but we've seen what can happen during the screening process, and recently put together this list of top reasons you might experience a delay in the process. Not anywhere near as entertaining as most Top 10 lists, but we hope in some way it helps explain what can happen along the way.
Many courthouses, schools and businesses have not yet taken the time or allocated money to digitize their records. So it may take a little time to wait for results while they search through their file cabinets, cross reference old card catalogues, or pull out microfilm.
Similar to above, there was a time when everything was stored on paper. Computers certainly made our lives easier, but sometimes it's not that easy to migrate old documents to an e-format. To save time and money, paper docs just get archived somewhere. That means waiting for someone to visit an offsite location . . . picture the warehouse from Indiana Jones and the Raiders of the Lost Ark.
Maybe it's because documents are stored offsite, or maybe because their resources are focused on other tasks. Whatever it is, many courthouses will only accept requests for, or provide results to public record requests on certain days of the week, have limitations regarding the time of day requests can be made, or how many can be made each day.
While this happens less frequently now, we still occasionally have to mail requests or wait to receive results by mail. At least it's not by carrier pigeon or stage coach.
We're just like you. We want to get information back as fast as possible, and then get it to you to help wrap up your candidate's placement. Unfortunately—and we understand—folks are busy, and we simply aren't at the top of the pile when it comes to priorities. Fortunately for your employment process, we are gently and politely persistent, and work closely with our contacts to keep requests moving along.
Sometimes it's just a simple issue of bandwidth. As polite and persistent as we can be, it could be a company's busy season, graduation time for schools, or even an unusually busy week down at the courthouse. We do everything we can to work closely with our busy contacts to keep your screen moving along.
So, this isn't necessarily a reason things get delayed, but it's worth mentioning, since we've been asked a time or two why the background screening process isn't as simple as a Google search, or why we can't just tap into that magic program with unlimited access to fabled "Permanent Records" we were all told about. If only it were so easy. While about 50% of the services we complete are through a website or other electronic service, we still have to rely on good old fashioned phone, fax and mail to get information more often than you might think.
With A-Check's offices located in sunny Southern California, it's hard for us to remember that there's weather conditions elsewhere—cold, rain and snow. Those conditions can cause government offices, schools and employers to close down temporarily. We still aren't 100% convinced it's true, but someone here in the office told us they saw snow once, and that it's real!
There are 10 federally recognized Holidays in the U.S. when most schools, courthouses and banks shut down. That, combined with additional holidays recognized by individual states, winter vacations, summer vacations, spring breaks, and you've got delays at least once per month caused by a temporary closure or disruption in service.
We spend a lot of time listening to on-hold music and being transferred. To help limit this, we've created a database of official verification contacts we've had success with previously. Even with this tool we still hear our fair share of on-hold music, and occasionally have to reach out numerous times, to multiple contacts over a few days to reach someone that can get us the information we need to complete the background.
For questions about turnaround time or your screening program don't hesitate to give us a call at 877-345-2021 or email clientsupport@acheckglobal.com.
Welcome to part three of our ongoing blog series covering the growing number of laws regulating pre-employment background screens. As your trusted partner, we're here to help keep you as compliant as possible, and welcome the opportunity to provide information through our blog. Haven't read our previous entries yet? We invite you to read part one here and part two here.
Ban-the-Box laws limit when an employer may permissibly ask about an individual's criminal history. Until recently, many employers asked questions of this nature on their employment application. The growing trend in the law is to prohibit this practice. Ban-the-Box law prohibits any covered employer (engaged in commerce or in any industry or activity affecting commerce, and employing 50 or more for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year) from asking about criminal history until after a first interview or conditional offer. However, each state and local law is nuanced as to what can be asked and when. These laws are not limited to asking a candidate to self-disclose his/her criminal history. Instead, they also require employers to wait until a later time to actually order the criminal background check. Some also require employers to post certain notices in their workplace or to include certain statements about the consideration of criminal history in job solicitations and advertisements.
Currently, New York City and Los Angeles have the nation's most comprehensive Ban-the-Box laws.
Review Job Descriptions: Companies should review the requirements of each position and determine whether a background check is necessary for that position. Also, review and consider narrowing the positions for which credit reports are run, and make sure the information requested from each candidate is relevant to the specific position for which the candidate applies. Review and comply with state and local laws that restrict or prohibit employer use of credit reports.
Review Policies and Procedures: Companies should review their background screening policies and procedures to develop processes ensuring all necessary notices and disclosures are being provided to candidates in compliance with Title VII, the FCRA, and any other applicable state or local laws.
Use Matrices Wisely: Companies should be cautious when applying their own bright-line policies (e.g. no-felon policies) without analyzing the factors set forth in EEOC guidance or as required by applicable state or local laws.
Consider EEOC Guidance: Companies should remember EEOC guidance and, when they are reviewing a candidate's criminal history information, also consider (i) the nature and gravity of the offense; (ii) the time that has passed since the conviction and/or completion of the sentence; and (iii) the nature of the job held or sought; and apply the EEOC's individualized assessment factors or any other factors required by applicable state or local laws. Companies should also determine how they will allow candidates to explain special circumstances surrounding their conviction criminal history information for purposes of an individualized assessment, including evidence of rehabilitation or other mitigating factors.
Consider the Timing of Background Checks: Companies should determine when to inquire about an individual's criminal history and when to conduct a background check. The practice that will reduce a company's risk the most is to make inquiries and conduct checks after making conditional offers of employment. Even then, companies should not automatically rescind an offer if they find something concerning in the background check, but should consider asking that person about the potentially disqualifying information. There could be an error in the report or some other legitimate explanation, such as identity theft.
Consider Whether to Ask Individuals to Self-Disclose Criminal History: Companies often ask whether the question is necessary given that they order a comprehensive criminal background check. However, where law permits, there may still be value in asking individuals whether they have ever been convicted of a crime. The practical reality is that some applicants lie, and courts have recognized the right of an employer to reject an applicant for dishonesty. Further, by not asking the question, a company that hires an individual who commits a violent or other egregious act may find it more difficult to defend against a negligent hiring claim because the victim will likely argue the company did not do enough to review the person's history. On the other hand, by not asking the question, the risk of violating a Ban-the-Box law is greatly reduced (although some Ban-the-Box laws still apply to a company's screening practices if they consider criminal history information with a background report or other public record searches).
FCRA Disclosures and Authorizations: Companies should regularly and carefully review their disclosure and authorization forms for compliance with the FCRA and state law. They should eliminate extraneous information from the disclosure form—including a release of liability from the candidate, at-will language, and any other "extraneous" information—and separate these forms into two documents.
Comply With Adverse Action Notice Requirements: Companies must also review their procedures, ensuring that pre-adverse action and post-adverse action letters are provided in accordance with the FCRA, including all the necessary federal, state, and local enclosures. The key is that companies must always provide candidates with a copy of their consumer report and a summary of rights under the FCRA, and give them a reasonable opportunity to dispute the accuracy of the report before adverse action is taken.
This blog is intended as information and not legal advice. Readers requiring legal or other advice regarding the matters discussed in this and the previous two blogs in this series should consult with experienced legal counsel.
A-Check Global is your trusted partner. If you have any background or drug screening related questions, our team of dedicated professionals are available to help, and can provide friendly, accurate guidance.
Welcome to part two of our ongoing blog series covering the growing number of laws regulating pre-employment background screens. As your trusted partner, we're here to keep you as compliant as possible, and welcome the opportunity to provide information through our blog. Haven't read part one yet? You can read it here.
The ideal background check is accurate, comprehensive, consistent, timely, and of course, legal. Coordinating these factors can be expensive and time-consuming, and the work involved differs depending on the location of the candidate and where he or she has lived in the past. For these reasons, most companies do not conduct their own background check but outsource this function to third parties—like A-Check Global—referred to as consumer reporting agencies.
Disclosure for Consumer Reports: Whenever an employer seeks to obtain a consumer report, the FCRA mandates that, before doing so, it must make a clear conspicuous written disclosure, separate from the application, to the candidate that a consumer report may be obtained. This must be given in a separate document, consisting solely of the disclosure, before a check is requested. This has been the subject of increased litigation in the last couple of years.
Candidate Authorization: An employer must also obtain the written authorization of the candidate prior to requesting a consumer report. As a best practice, companies should have their forms reviewed at least annually by counsel.
Certification to CRAs: A company must certify to the CRA that prior to ordering the consumer report, it will distribute the required written disclosure and obtain the required written authorization. The company must also certify that the information being obtained will not be used in violation of any federal or state equal employment opportunity law or regulation. Lastly the company must certify that it will comply with the adverse action requirements set forth in the FCRA and described below.
Pre-Adverse Action Notification: Before taking any adverse action, such as not placing a candidate on a temporary or contract assignment, based in whole or in part on information in the consumer report, a company must notify the candidate that it is considering taking an adverse action based in whole or in part on information contained in the consumer report and provide the candidate with 1) a copy of the consumer report obtained from the CRA; 2) a summary of the candidate's rights under the FCRA; and 3) any state specific notices. Currently a handful of jurisdictions, including New Jersey, New York, Massachusetts, New York City, Los Angeles, and Washington State, require additional notices. Additionally, several ban-the-box laws require employers to state the reason they are considering taking an adverse action (if the decision is based on criminal history) or to identify the potentially disqualifying criminal record.
Adverse Action Waiting Period: After providing the pre-adverse action notice, an employer must wait a "reasonable period of time" before taking the adverse action. The FTC has opined that a five-business-day waiting period is reasonable. The FCRA is clear that candidates should be given the "opportunity to be heard" to correct or challenge incorrect information on a consumer report before an employer actually takes adverse action.
Adverse Action Notification: After waiting a "reasonable period of time", an employer must provide the candidate with 1) notice of the adverse action taken; 2) the name, address, and toll-free telephone number of the CRA that furnished the consumer report; 3) a statement that the CRA did not make the decision to take the adverse action and is unable to provide the specific reasons the adverse action was taken; 4) notice of the candidate's right to obtain a free copy of the consumer report from the CRA within 60 days; and 5) notice of the candidate's right to dispute the accuracy or completeness of any information in the consumer report furnished by the CRA. Additional notices may be required in some jurisdictions and, as with the pre-adverse actin notice, several ban-the-box laws, including those in California; New York City; Seattle; and Portland, OR (among others), require employers to state the reason they are taking an adverse action (if the decision is based on criminal history)or to identify the disqualifying criminal record.
Stay tuned for part three of this blog series to learn more about background screening best practices.
Recruiting from an international talent pool offers near-limitless opportunity for employers, but can also present unique challenges when performing background screens. An effective global risk mitigation strategy requires expertise from trained professionals tasked with researching and analyzing the vast quantities of data available worldwide.
We at A-Check Global provide our clients with professional screening services around the globe. Utilizing our professional in-house staff and our International Affiliate Network, we provide employment and education verification, drug screening, and international criminal records in more than 200 countries and territories world-wide. And, our international services are handled with the same care and attention to customer service that we provide for domestic services.
International criminal records searches are conducted both in-house and through our international research partner network. This network of professional researchers is comprised of established professionals with a proven record of expertise in their countries' investigative and reporting processes. They are fully vetted, and monitored for accuracy and quality of service regularly.
International criminal records research is reported in real time through A-Check Global's proprietary systems. Our research partners receive service requests and return completed investigations as well as supporting documentation through our secure portal, ensuring our clients receive results in a timely manner. Records are reviewed by our Quality Control and Compliance Department prior to release to clients to ensure we meet the regulations of the applicant's home country as well as any client specific policies.
International verifications are conducted by our in-house team of professional verifiers. Our verifications specialists are available 24/5 to ensure work schedules align with all time zones. Utilizing an in-house group of verification professionals ensures international and domestic clients requesting background screening data receive the same level of dedication and attention to detail they enjoy from our US based services.
We maintain detailed turnaround time information for our employment, education, and professional reference verification services across the globe.
ISO 9001:2008 Certification is an important seal of approval illustrating a company's commitment to the operating standards of an internationally recognized ISO management system. The certification helps confirm a company's credibility as well as present evidence to a potential client that the company will fulfill its business promises.
Obtaining ISO 9001:2008 Certification shows a company's focus on high-quality business practices: customer satisfaction, production objectives, environmental standards, etc. Achieving Certification strengthens these commitments and increases credibility and customer confidence in a company's brand and ability to serve.
For example, by running a quality management system, a company can stay in control of its processes and procedures, ensuring that if anything does go wrong it is rectified quickly, efficiently, and to the satisfaction of the customer. It can also help ensure a smooth line of communication between employees, suppliers and customers at all times.
ISO 9001:2008 quality management is the core business operations standard on which most other standards are based. It's focused on customer service and on ensuring customers receive quality service at a fair cost.
This is why we at A-Check Global were thrilled to announce our ISO 9001:2008 re-Certification in December 2017, a distinction we've held since 2006.
In our fourth "CRAsh Course" blog entry, we examine salary history bans, the latest trend in fair chance employment legislation.
Many states and municipalities have already enacted (or are considering) laws prohibiting the request of salary information during both the screening process and while making employment compensation decisions.
These newest regulations follow the trend of post-recession restrictions being placed on screening processes. And, much like ban the box laws and limits placed on the use of credit reports, salary history bans are designed to offer applicants greater potential for fair employment.
In the past, employers typically offered a slight increase in pay over a previous job to make the overall employment package more enticing. However, those advocating for current salary ban laws argue this practice potentially locks workers in a low-wage cycle if they were underpaid by previous employers. Worse than that, in the event lower pay was from some form of discrimination, the effects of the original discriminatory practice would continue.
Keep in mind, while these laws may help employees and applicants, employers will need to pay particular attention to their recruiting and hiring practices. Beyond potential litigation for continuing unlawful salary requests, regulators in states with salary history bans in place may also be able to use the power these laws grant to quickly identify discrimination and bring charges against employers.
A-Check Global is already out in front of this evolving legislation. To ensure that both we and our clients maintain compliance with these laws, we no longer request or collect salary information when conducting employment verifications. Additionally, we ensure that supplemental documents used by A-Check to verify employment are not visible to clients.
Update your applications; remove any request for salary history information.
When requesting information on employment history, request only dates, title, and other relevant non-salary information.
Update your interview questions/processes; if asking "how much you're currently making" is part of your interview questionnaire, it should be removed.
Know position pay scales going in, as some salary history ban laws require employers to disclose pay to an applicant when they ask. Interviewers should know the position's pay scale before the interview.
As always, discuss with your legal team all processes and procedures your company should have in place, and enact policies based on their feedback.
For more information about this topic, or to request any information on Consumer Reports feel free to contact us at connect@acheckglobal.com.
As one might guess, business rules that help guide employment decisions can differ based on the needs of the organization or industry. The education community is a great example, especially because faculty or other employees may be in contact with children or young adults. Likewise, schools are largely dependent on their reputations as an organization and on the integrity of those working on campus. These higher standards often result in greater, mandatory background screening requirements for the education community.
For example, in Florida, Senate Bill 988 requires specific notations on the driver's licenses of sexual predators, and establishes stringent standards for background screening of individuals providing contracted non-instructional services to Florida public schools or districts. Additionally, Senate Bill 1712 establishes that a conviction of certain offenses makes one ineligible for a Florida Educator Certificate, and additionally, instructional personnel and school administrators are ineligible for employment in any position that requires direct student contact in a district school system, charter school, private school that accepts students under the Corporate Tax or McKay Scholarships, or the Florida School for the Deaf and the Blind.
Pennsylvania School Law requires that all applicants for employment in public and private schools, employees of independent contractors seeking business with public and private schools, and student teacher candidates undergo background checks if they will have direct contact with students. School volunteers who are responsible for children's welfare or who have "direct volunteer contact" with children at a school are also required to have background checks.
Of course, these aren't the only states requiring mandatory background screening for those working with children, but are used to illustrate that if you're planning a career in education, be prepared to submit to background screening for each position you hold.
If you have questions about the background screening process, A-Check Global's team of dedicated professionals are available to help, and can provide friendly, accurate guidance. Give us a call today at 877-345-2021, or email support@acheckglobal.com.