Aurico Named No. 2 on HRO Today Magazine’s 2016 Baker’s Dozen List of Top Background Screening Providers

Aurico, a CareerBuilder company, announced it has been named one of the nation’s top 13 employment screening providers on HRO (Human Resource Outsourcing) Today magazine’s 2016 Baker’s Dozen list. This recognition marks the fifth appearance on the list for Aurico.

“At Aurico, nothing is more important to us than our clients. It is extremely gratifying to get confirmation from them that we are not just meeting, but exceeding their background screening needs,” said Ben Goldberg, CEO of Aurico. “We strive to provide our clients with the best user experience and the most compliant and accurate service. Having our customers acknowledge our commitment to trust for employers and applicants is an honor.”

To achieve inclusion on the Baker’s Dozen list, companies that provide background checks are rated anonymously by their clients during an online survey process. HRO Today calculates the results using a statistical analysis and predetermined algorithm. The award is based on three categories: breadth of service, size of deal and quality of service.

NAPBS Volunteer of the Month

Congratulations and thanks to Laura Randazzo, the NAPBS Volunteer of the Month.

Volunteers play a vital role within NAPBS, working alongside staff members and other volunteers to jointly achieve the association's goals. Through our Volunteer Recognition Program, we highlight the contributions of our volunteer workforce.

Laura Randazzo, VP of Compliance with Aurico - a CareerBuilder company, has been selected as the December 2016 NAPBS Volunteer of the Month. Randazzo is currently serving on the BSCC, Finance and Advocacy Committees. Learn more about Randazzo in this interview.

Know someone in the NAPBS community who deserves special recognition for their dedicated volunteering efforts? Nominate your favorite volunteer as Volunteer of the Month. Nominees should have made a significant and outstanding contribution to the NAPBS community. Submit nominations to volunteer@napbs.com and provide the volunteer's name, company, details regarding their volunteer accomplishments, and why you think they should be recognized.

Aurico is a Six-Time Inc. 5000 Honoree

For the sixth year in a row, Aurico has earned a spot on the Inc. 5000 list of America's fastest growing private companies. In its best performance yet, Aurico ranks 2007 in this year's Inc. 5000 list. Aurico's tremendous success is attributed to its WebACE™ technology platform while delivering exceptional customer service. "On average, the companies on the list have grown almost five-fold over the past three years," says Eric Schurenberg, President of Inc. Media. Aurico projects annual revenue growth of 40 to 65 percent within the next two years.

Aurico Makes the Fast 50 List

Aurico Reports has earned the 40th spot on Crain's Chicago's Fast 50 list making them the oldest company on the list. The annual Fast 50 list is a snapshot of the Chicago region's growth sectors. Each company must post an impressive enough revenue to gain a top 50 spot. In September, Aurico celebrates 25 years of providing service excellence in background screening and drug testing. Aurico continues to grow at an astounding rate.

New Jersey Clarifies Their "Ban the Box" Ordinance

The act became effective in March, 2015. 

The regulations¹ clarify certain key aspects of the Act as listed below:

• Employers of 15 or More Employees Are Covered: The Act applies to employers who employ 15 or more employees, regardless where those employees are actually located.  The 15 employees do not all have to be in New Jersey.
• Use of Multi-State Forms Is Permitted: Multi-state employers who use uniform employment applications and forms in multiple jurisdictions may include a question regarding criminal records on an employment application, so long as immediately before the question there is a statement that “an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer this question” until after the first interview.  This requirement is the stark opposite of the recent requirements in New York City and Philadelphia that effectively prohibit multi-state forms with state-specific carve-outs like the one permitted here.  
• “Interview”: Since employers are prohibited from inquiring into an applicant’s criminal record until after the first interview, the regulations clarify that an “interview” means “any live, direct contact by the employer with the applicant, whether in person, by telephone, or by video conferencing, to discuss the employment being sought or the applicant’s qualifications.” It does not mean solely “the exchange of e-mails or the completion of a written or electronic questionnaire.”
• Internet Searches Are Prohibited:

The City of Philadelphia Expands Their "Ban the Box" Law

On December 15, 2015, Philadelphia Mayor Michael Nutter amended the city’s current “ban the box” law Fair Criminal Records Screening Standard§ 9-3504 to expand the number of employers it covers and increase restrictions on the use of criminal background checks during the hiring process. The amendments take effect in just 90 days from December 15, 2014 and make several noteworthy changes to the city’s original Fair Criminal Screening Standards Ordinance enacted in 2012.

Here are some highlights. 

Inquiry into criminal background - post offer of employment.

Employer can only consider convictions within the last seven years (or release from confinement).

If applicant is rejected he/she must be advised as to why and be provided a copy of the record

The employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.

The following is a detailed list of the terms within the act. 

(1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has [accepted an employment application] extended a conditional offer of employment to the applicant. The inquiry prohibited by this Section shall include any question regarding the applicant’s willingness to submit to a background check.

Aurico Repeats #1 Rank in HRO Today’s Baker’s Dozen Customer Satisfaction Ratings

Aurico has claimed the top spot in the 2015 HRO Today's Baker's Dozen Customer Satisfaction Ratings for the second year in a row.  Ben Goldberg, President of Aurico, said, "This is a gratifying time for Aurico. To rise to the top of this list once, is a stunning achievement. To win this honor a second time is a clear endorsement of the level of excellence we provide on a day to day basis."

Aurico Webinar: E-Verify . . . Form I-9's Companion

Aurico will be hosting an upcoming Webinar on E-Verify on Wednesday, December 16th at 1:00pm CST.  This webinar is the accompaniment to the previous Form I-9 webinar on October 29th.  The I-9 webinar can be accessed HERE.  The Webinar will focus on the following topics

• Your responsibility in regards to E-Verify
• Directives from the National Archives and Records Administration (NARA)
• Complying with the retention and disposal schedule of NARA
• The earliest you can run an E-Verify case and more . . .

REGISTER HERE to secure your seat for this informative presentation on E-Verify.

Aurico Webinar: "Ban the Box" - How to Comply with the New Regulations

Aurico will be hosting an upcoming Webinar on"Ban the Box" regulations Thursday, December 3rd at 1:00pm CST.  The Webinar will focus on the following topics:

• General overview of "Ban the Box"
• Recent state and municipal laws that restrict pre-employment inquiries into criminal and credit history
• How this new legislation impacts employers
• Best practices for creating a background check process compliant with local and city laws.

REGISTER HERE to secure your seat for this informative presentation on "Ban the Box" compliance.

President Obama Announces Ban the Box for Federal Government Employers

On November 3, 2015, President Obama announced an order to all Federal Government Employers to “Ban the Box” -remove the criminal question from the initial application process.  The criminal question may still be asked later in the process. As with most cities and states “Ban the Box” legislation and can be asked after a conditional job offer has been extended. 

This order impacts federal employers and not private employers; however, the President has encouraged all employers to “Ban the Box”.  Many cities, states and counties across the country have already passed legislation for private employers including:  Baltimore, Maryland; Buffalo, New York; Columbia City, Missouri; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; New York City, NY; Oregon ( 01-2016); Philadelphia, Pennsylvania;  Prince George’s County, Maryland; Rhode Island; Rochester, NY; San Francisco, California; Washington D.C.; and  Washington State

The White House says it is “encouraged” by such legislation in a new statement, but emphasizes the president’s order will take immediate action, mandating that the federal government’s HR department “delay inquiries into criminal history until later in the hiring process.”

Employer Considerations

Aurico recommends that employers review their job applications on a regular basis with their legal counsel along with a review of the updated criminal guidance regarding consideration of arrest and conviction records under Title VII of the Civil Rights Act of 1964.


NOTE: Aurico Reports Inc. is not a law firm. Nothing presented in this communication is intended or should be construed as legal advice. You should always seek the advice of your own legal counsel.

EEOC vs. BMW - U.S. District Court enters a Consent Decree against BMW

On September 8, 2015, The U.S. District Court for the District of South Carolina entered a consent decree ordering BMW Manufacturing Co., LLC (BMW) to pay $1.6 million and provide job opportunities to alleged victims of race discrimination as part of the resolution of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that BMW excluded African-American logistics workers from employment at a disproportionate rate when the company's new logistics contractor applied BMW's criminal conviction records guidelines to incumbent logistics employees. According to the lawsuit, BMW ordered the new logistics company to perform criminal background checks on all existing logistics employees who had to re-apply with the company in order to continue to work on the BMW contract. Allegedly, BMW’s criminal conviction records guidelines excluded from employment all persons with convictions in certain categories of crime, regardless of how long ago the employee had been convicted or whether the conviction was a felony or misdemeanor.

According to the complaint, after the criminal background checks were performed, BMW learned that approximately 100 incumbent logistics workers at the facility, including employees who had worked at there for several years, did not pass the screen. EEOC alleged that 80 percent of the incumbent workers disqualified from employment as a result of applying BMW's guidelines were black. 

Following an investigation, EEOC filed suit alleging that blacks were disproportionately disqualified from employment as a result of the criminal conviction records guidelines. EEOC sought relief for 56 African-Americans who were discharged. BMW has since voluntarily changed its guidelines.  

The Consent Decree includes:

Could There be a Federal Ban the Box in the Future?

On September 10, 2015, the Senate and House of Representatives introduced bills that would make it unlawful for federal contractors to request a job applicant, whether orally or in writing, to disclose criminal history record information before being offered employment.   The bills, S. 2021 and H.R. 3470 are pending and a first step towards the movement to ban the box on the federal level.  If these bills pass the impact in their current form will be for federal employers and NOT private employers.  Aurico will continue to monitor this movement and report any impactful updates.

Oregon State Passes Ban the Box for all Employers

On June 25, 2015, Oregon Governor Kate Brown signed into law House Bill 3025, which makes it an unlawful employment practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction. House Bill 3025 expressly prohibits employers from asking about prior criminal convictions on an employment application. The new Oregon law takes effect January 1, 2016. Oregon makes it illegal for employers to ask the criminal question until after a conditional offer of employment is extended. Nothing in this legislation prevents an employer from considering an applicant's conviction history when making a hiring decision.

Exceptions

If a federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant's criminal history;

Law Enforcement Agencies;

An employer in the criminal justice system; or

An employer seeing a non-employee volunteer

Oregon join other cities/states across the country with similar bills for all employers including: Baltimore, MD, Buffalo, N.Y. Chicago, IL, Columbia City, MO, Hawaii, Illinois, Massachusetts, Minnesota, Montgomery County, Maryland, Nebraska, Newark, NJ , New Jersey, Prince George's County, Maryland, Philadelphia , PA, Rhode Island, Rochester, NY , San Francisco, CA, Seattle, WA, Washington State, Washington D.C.

New York City Passed Ban the Box for All Employers in NYC

Aurico wants to remind New York City Employers that on June 10, 2015, the New York City Council passed a "Ban the Box" bill  titled "Prohibiting Discrimination Based on one's Arrest Record or Criminal Conviction".  Mayor de Blasio signed the bill on June 29th, and this law will be effective on October 27, 2015. The bill impacts all employers with four or more employees in NYC (including the boroughs) and amends the New York City Human Rights Law (NYCHRL).  This bill, like many other "Ban the Box" bills across the country, prohibits any employers from inquiring about a job applicant's criminal history before extending a conditional offer of employment. Employers are prohibited from not only asking an applicant criminal questions, but also prohibited from searching publicly available sources to obtain information about an applicant's criminal history (criminal background checks) until after a conditional offer of employment.

New York City joins many other cities, states and counties across the country with similar bills for employers including:  Baltimore, MD; Buffalo, NY; Chicago, IL; Columbia City, MO; Hawaii; Illinois; Massachusetts; Minnesota; Montgomery County, Maryland; Nebraska; New Jersey; Oregon (January 1, 2016); Prince George's County, MD; Philadelphia, PA; Rhode Island; Rochester, NY; San Francisco, CA; Washington State, and Washington D.C.  

Prohibited Inquiries

This bill prohibits any employer:

1. To declare, print or circulate; or cause to be declared, printed or circulated any solicitation, advertisement or publication, which directly or indirectly expresses any limitation or specification in employment based on a person's arrest or criminal conviction
    
2. Including an  employment agency to issue any solicitation, advertisement or publication that states, either directly or indirectly, any employment limitations or requirements based on a person's history of arrests or criminal convictions
    
3. To make any inquiry or statement related to the pending arrest or criminal conviction record of any person who is in the process of applying for employment with such employer or agent until after the employer or agent has extended a conditional offer of employment to the applicant.  The bill defines for temporary agency employers a conditional offer of employment to be extended when the individual is placed in the temporary help firm's general candidate pool. An inquiry under this bill includes any question communicated to an applicant in writing or otherwise, or any searches of publicly available records or consumer reports that are conducted for the purpose of obtaining an applicant's criminal background information.

What is Permissible:

AURICO WEBINAR: THE REAL DEAL ON FORM I-9

Aurico will be hosting an upcoming Webinar on Form I-9 on Thursday, October 29th at 1:00pm CST.  The Webinar will focus on the following topics:

• Common mistakes made while completing the Form I-9 
• Completing an I-9 on a new hire before they start working for pay
• When and how to use the various Form I-9's
• Understanding the recent changes and updates in E-Verify
• Federal and state perspective on E-Verify

REGISTER HERE to secure your seat for this informative presentation on Form I-9.

Aurico Debuts on Workforce Magazine’s Annual Hot List of Leading Background Checking Providers

Aurico is proud to announce it has made the Workforce Magazine’s 2015 annual “Hot List” of the nation’s top background check providers. Workforce Magazine’s “HotList” features a list of the leading HR products and services providers. This renowned publication is also known for publishing the Optimas Awards, Game Changers Awards, and the Workforce 100 List.  This is the first year Aurico has made the list.

New York City Issues Guidelines on Credit Restriction Regulation

New York City issues interpretative guidelines on their credit restriction law “Stop Credit Discrimination Employment Act”. New York City employers should review these guidelines :

NOTE: Portions of this guide will be subject to future rulemaking pursuant to the City Administrative Procedure Act, N.Y. City Charter § 1041 et seq.

The New York City Human Rights Law (hereinafter the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based policing by law enforcement.

The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes,” such that “similarly worded provisions of federal and state civil rights laws [are] a floor below which the City’s Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.”1

National Labor Relations Board Decision on Browning-Ferris

Will the National Labor Relations Board Decision on Joint-Employer Status (Board Decision on Browning-Ferris Industries of California) change the test on joint employer relationships? 

The National Labor Relations Board (NLRB) issued a much awaited decision on August 27, 2015 on the Browning-Ferris Industries of California case that greatly broadens the definition of who is a joint employer.  NLRB’s decision on the newly expanded test held that two or more, otherwise unrelated employers, may be found to be a joint employer of the same employees under the NLRA (Act), if they share or co-determine those matters governing the essential terms and conditions of employment. In determining whether a putative joint employer meets the standard, the initial inquiry is whether there is a common-law employment relationship with the employees in question.  If this common-law employment relationship exists, the inquiry then turns to whether the putative joint employer possesses sufficient control over employee’s essential terms and conditions of employment to permit meaningful collective bargaining.  This decision affects both unionized and non-union companies and even entities that have no employees on their own.  The decision has broad implications for other employment laws and governmental agencies such as the DOL, EEOC and OSHA.  

Who May Be Impacted?

Aurico Makes the Inc. 5000 Honor Roll

Aurico has been named to the prestigious Inc. 5000 list of fastest growing private companies as a five-time honoree. Besting its previous four rankings, Aurico has placed number 2610 in this year’s elite list of top entrepreneurs.  The Inc. magazine’s annual Inc. 500|5000 list recognizes the nations’ fastest-growing, privately-held companies by revenue. Aurico's remarkable 141% growth over the past three years is reflective of the company’s strict compliance with industry reporting standards and its dedication to remain the front-runner in technology advancements through its innovative WebACE™ platform. Of the companies that made the list, Aurico Reports ranks 117th in the state of Illinois, and 114th in the Chicago area.

To read the full press release, click here.

FTC Issues a Guide to Security for Businesses

Posted In the FTC¹

The Federal Trade Commission (FTC) recently issued a guide, Start with Security: A Guide for Business, which is designed to provide businesses with guidance and steps to implement to protect Personal Identifying Information.  There are ten lessons listed below from the guide that organizations could easily implement.

1. Start with security

From personal data on employment applications to network files with customers’ credit card numbers, sensitive information pervades every part of many companies. Business executives often ask how to manage confidential information. Experts agree on the key first step: Start with security. Factor it into the decision making in every department of your business – personnel, sales, accounting, information technology, etc. Collecting and maintaining information “just because” is no longer a sound business strategy. Savvy companies think through the implication of their data decisions. By making conscious choices about the kind of information you collect, how long you keep it, and who can access it, you can reduce the risk of a data compromise down the road. Of course, all of those decisions will depend on the nature of your business. Lessons from FTC cases illustrate the benefits of building security in from the start by going lean and mean in your data collection, retention, and use policies.