SmartRecruiters Announces Talent Acquisition Platform Winter 2017 Product Release

SmartRecruiters, the Hiring Success Company, recently announced it's new product that is set to release in Winter 2017. This new product will allow for a partnership integration with Aurico to expand SmartRecruiters' background and drug testing capabilities.

Click here to read the full press release.  

Ban The Box (The Fair Chance Act)

THE FAIR CHANCE ACT
More cities and states added ban the box legislation also referred to “Fair Chance Act”.  The increased legislation for 2017 included Philadelphia, and Los Angeles, joining over 100 other areas of the country.

Some of these areas include: Austin, Texas, Baltimore, Maryland, Buffalo, New York, Chicago, Columbia City, Missouri, Connecticut, Hawaii, Illinois, Los Angeles, Massachusetts, Minnesota, Montgomery County, Maryland, Nebraska, New Jersey, New York City, Oregon, Portland, Oregon, Philadelphia, Prince George’s County, Maryland, Rhode Island, Rochester, NY, San Francisco, Seattle, Washington, Washington D.C., Washington State.  

This type of legislation at the very least requires employers to eliminate the “criminal questionnaire” from the initial job application, but typically allows an employer to ask the criminal question later in the recruiting process, after a first interview or after a contingent offer of employment. Because of the increase in the number of cities and states, most employers have eliminated the questionnaire from the job application and do ask the question later on in the process.

Aurico recommends that the question continue to be asked, and a good time to ask the question is after a contingent offer of employment and during the background screening stage.  An CRA like Aurico should be able to accommodate presenting the question on behalf of the employer through technology and at the same time the candidate is providing information for their background screen.

Why is it a good practice not to ask the criminal question prior to a conditional offer of employment?
The purpose of ban-the-box legislation is to delay background check inquiries until later in the hiring process, so that employers evaluate applicants based on their qualifications rather than automatically screening out former offenders. Every ban-the-box law includes provisions that allow employers to run a background check and make inquiries about criminal records in accordance with state laws.

Why should an employer continue to ask this question? 

• An employer has an obligation to provide a safe work environment for employees, and visitors
• Protection against Negligent Hiring
• Falsification and a candidate not answering the question honestly could still be a factor to consider when making hiring decisions

STUDY SHOWS BAN THE BOX MAY BE A HINDRANCE TO EMPLOYMENT
Although we anticipate an increase in Ban the Box legislation across the country in 2017, there are studies that show the Ban the Box movement may actually hinder an applicant’s chance in getting a job.  According to a study by the National Bureau of Economic Research they found that ban the box policies decrease the probability of young, low skilled African American and Hispanic men.  In addition, their findings support the hypothesis when an applicant’s criminal history is unavailable, employers statistically discriminate against demographic groups that are likely to have a criminal record.

4 LARGE EMPLOYERS SIGN ONTO THE FAIR CHANCE PLEDGE
Another movement related to Ban the Box was the Fair Chance Pledge Initiative.  In addition to the increase in cities and states passing ban the box legislation, the White House started an initiative with businesses to sign onto a “Fair Chance Business Pledge” President Obama’s goal for this initiative is “a nationwide call-to-action to accomplish the shared goal of creating a stronger set of opportunities for people who have been impacted by the criminal justice system.”  Some of the large employers who have committed their pledge to this initiative include American Airlines, Coca Cola, Pepsico and Walmart. In addition to the initial pledge, other initiatives companies may commit to are:

• Banning the Box by delaying criminal history questions until later in the hiring process;
• Training human resources staff on making fair decisions regarding applicants with criminal records;
• Ensuring internships and job training are available to individuals with criminal records;
• Using reliable background check providers to help ensure accuracy;
• Hosting a Fair Chance and Opportunity Job Fair

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.

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?

The Value of On-Going Screening Throughout the Employment Lifecycle

A new consideration in the background screening industry is whether employers should conduct ongoing or periodic background checks on their current workforce. Although a comprehensive background screen may have validated and confirmed a clear record on the way into an organization, something you may need to know may have occurred since that time.

While pre-employment screening refers to the process of investigating the background of a potential employee, post-employment screening refers to the investigation of an existing employee’s activity. Ongoing post-hire searches may be one way to demonstrate due diligence, support workplace safety, and even minimize exposure to risk.

In December, 2014 the D.C. Council unanimously passed legislation that will prohibit an employer from drug-testing potential employees for marijuana before a conditional job offer has been made.

The bill, "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014," was introduced by council member Vincent Orange (D-At Large) in March of 2014, and explicitly states that an employer cannot test a potential employee for marijuana use until after an offer for employment has been made. After an employee has been hired, however, they "must still adhere to the workplace policies set forth by their employer."

Consistent Hiring Practices for Temps, Contingents, and Contractors

We have finally reached a day and age when HR professionals understand why pre- and post- employment background screening is mission critical. Nine out of ten employers run criminal background screens on applicants as part of their hiring process.¹ Companies of all sizes follow this practice for a variety of reasons. Background checks are conducted to prevent theft, comply with laws, reduce legal liability for negligent hiring, ensure a safe work environment for employees, and assess the overall trustworthiness of an applicant.

However, the dynamics of the workforce have changed drastically in the last few years. Nearly 26% of the average workforce is now contingent, temporary, or contract labor.² By 2020, it is estimated that 40% of US workers will be in contingent positions.³ Many companies are filling positions, that were once identified as full-time and permanent, with some kind of contracted labor. Companies believe that this kind of labor is an attractive option for them because of its short term productivity with no long term commitment. Perhaps this practice is even becoming the new norm.

Turnaround Time vs. Time to Hire

Seventy-one percent of the US labor force is currently on the job market. So says a new survey of today’s job seekers¹. Even more important, thirty-five percent of the labor force will change jobs at least every five years. In other words, workers are more willing to ‘wander’, even if they’re currently employed.

What does this mean for the staffing industry? HR professionals must keep pace with the job market’s massive cultural changes. Buzz words like turnaround time are quickly changing into Time to Hire. Recruiting is highly competitive and your talent acquisition workflow needs to map closely with today’s dynamic business needs.

The background screening industry makes reference to the term “Turnaround Time” (TAT) every day.  It uses this parlance to describe how long a background check takes. The truth is that these times vary significantly, based on what searches are bundled together in a package, the particular courthouse where records are being searched, and other factors. Some searches take minutes or hours, while others take many days and even weeks.

Court Rules That Walgreens Employee Who Fired Concealed Handgun At Armed Robbers Has No Claim For Wrongful Discharge

Article by Laner Muchin, Chicago, Illinois

The U.S. Court of Appeals for the Sixth Circuit held that a former Walgreens employee who was discharged because he fired a concealed handgun at armed robbers has no claim for wrongful discharge in violation of public policy.  The employee held a valid license to carry a concealed firearm under Michigan law.  When armed robbers pointed a gun at the employee, he retrieved his firearm and shot at the robbers multiple times.  Walgreens subsequently discharged the employee for violating its policy against escalating a potentially violent situation.  The employee sued Walgreens alleging that his termination violated his rights to self-defense, defend others, and to carry a concealed weapon.  The court held that while the Second Amendment to the U.S. Constitution and the Michigan Constitution limit some state interference with the right to engage in self-defense and bear arms, they do not prevent interference with these rights by private actors.  Additionally, Michigan’s concealed firearm law specifically authorized employers to prohibit employees from carry a concealed firearm in the course of their employment.  The court’s decision is welcome news for employers concerned about their ability to enforce policies that limit the possession and use of firearms at work consistent with state law.  

10 Ways to Make Good Hiring Decisions Out of Bad Decisions

Have you ever wondered why hiring success rates are only at 50%? Perhaps you’re guilty of one of the 10 Ways to Make a Bad Hiring Decision.

1. Make an emotional decision and justify it with facts. It’s easy to make a quick judgment on a candidate based on the 4 A’s: attractive, articulate, assertive, and/or affable. It’s been shown that candidates who pass one of these tests are often asked easier questions during an interview and undergo less scrutiny during the hiring process. Contradictory or negative information is ignored.  Unwittingly, candidates who don’t meet the “first impression” test don’t move to the next step.
2. Disregard or ignore objective data if it contradicts your personal beliefs. It’s tough to eliminate a candidate you like, regardless of their lack of expertise, shady background, or inability to answer your questions. Rather than go with the truth, you take the easy route, and trust your gut instead to make a hiring decision.

Ben Goldberg Comments on Re-Screening Employees in the December Issue of HRO Today

In last month's issue of HRO Today, Ben Goldberg, President of Aurico, discusses the reasons for re-screening employees.  A lot can occur over the course of employment. “You screen today, and that information is as good as the time that we ran it," says Goldberg. "But tomorrow that information becomes a day old. And in six months it becomes six months old. And so there becomes a need to re-screen.”

Read more »

Alias Names: How They Affect a Background Check

The most common misconception, when running a background check, is that criminal history information is stored under an individual’s social security number. The reality is criminal history information is stored by name and date of birth. To protect consumer privacy, data called Personally Identifiable Information (PII) such as social security numbers, I.D. numbers, and driver’s license numbers are not included in public records and will severely impact what is uncovered when criminal research is conducted. 

One of the most common ways for criminal records to “slip through the cracks” is through the use of a maiden name, additional name, and/or an alias. Name changes throughout one’s lifetime, multiple marriages, or intentional misrepresentation of one’s name may suppress criminal records. Add the complexities of hyphenated names, suffixes, apostrophes, and human errors while entering data, and it’s easy to see that there may be numerous variations of a single name that might require additional research.

Drug Testing 101: Pass or Fail?

Drug Testing 101: Pass or Fail?

Having a drug free workplace policy doesn’t mean employees will not be drug users.  The policy works similarly to not being able to use cell phones on airplanes.  Everyone knows the rule, but there will still be one passenger who has to make a last hushed call or send a quick text.  The same applies to having a drug free workplace policy.  Employees may know the policy, but how does an organization ensure their employees stay drug free?  Implementing a drug testing program in the workplace is one way to ensure this.  Here are some basics you should know when considering a pre-employment or random drug testing program:

Drug Testing Policy Development

If your company is in multiple states and your corporate drug screening policy is not state specific then the door is open for improvement. Contact us and learn more about our ability to support you through the development of a state specific drug testing policy.  

Learn more:  http://www.aurico.com/Drug-Testing/Drug-Free-Workplace-Policy.asp

E-Verify

On February 4th, Rep. Phil Gingrey (R-GA) introduced H.R. 478, which would make the E-Verify employment eligibility verification program permanent and mandatory for all employers. The bill would also require that employers use the system on employees no later than 14 days after employment.

Click here to view the bill

Harassment and Discrimination Prevention

Now more than ever, employers should proactively develop a program to prevent Harassment and Discrimination in the workplace.  The Network, Inc. has developed a white paper for employers to learn 5 keys to protecting the organization against harassment and discrimination. 

To receive a copy of this white paper, click here

Powered by: The Network, Inc.

Workplace violence, shootings on the rise

The U.S. Department of Homeland Security last month released a video that provides instruction on potential actions to take if confronted with an active shooter situation.

To read more, click here

Federal Trade Commission revises required forms to be used by January 1, 2013

The Federal Trade Commission (FTC) has revised the “FCRA Summary of Rights” document to incorporate amongst other things the new agency—Consumer Financial Protection Bureau (CFPB) that now has oversight over the Fair Credit Reporting Act. Before January 1, 2013, employers should use the new FCRA notice for their background check programs. The FCRA Summary of Rights form must be included: (1) as an enclosure with the first of the two “adverse action” notices—the “pre-adverse action” notice; and (2) with the disclosures for “investigative consumer reports” (i.e., consumer reports based on personal interviews conducted by a consumer reporting agency (CRA), such as in-depth reference checks).

In addition to the revised Summary of Rights document, the FTC has also changed the Notice to End-Users to incorporate similar changes reflected in the summary of rights notice.

Aurico will incorporate the new Summary of Rights form on behalf of our clients using our On-line Disclosure and Authorization (Send-Release) option.

You can find these forms on our website under the “Forms” tab when logged into the WebACE ™ dashboard. If you have any questions regarding these new forms, or would like to get set up for our On-Line Send-Release option, please contact Aurico and we will be happy to assist you

Substance Abuse: Workplace Safety

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports that substance abuse by workers is a problem at U.S. workplaces.

According to OSHA, 12.9 million of the 17.2 million illegal drug users age 18 or older were employed either full or part time in 2005. In addition, the agency says between 10 and 20% of workers who die on the job tested positive for alcohol or other drugs.

Drug use by employees can have financial ramifications as well. The Office of National Drug Control Policy at the White House states that the economic cost of drug abuse in the U.S. was estimated at $193 billion in 2007, including $120 billion in lost productivity. Drug use by employees also resulted in $11 billion in healthcare costs in 2007. Some of these costs may be a result of workers with substance abuse problems who move from one job to another in a relatively short period of time, and full time workers with a drug or alcohol problem who are more prone to miss work due to illness or injury.

States Continue To Ban Employer Requests for Social Media Passwords

Illinois is now the third state to pass a law that prohibits companies from asking employees or job seekers for their social media user names and passwords. It’s an amendment to the state’s “Right to Privacy in the Workplace Act” and makes it unlawful to “request or require any employee or prospective employee to provide any password or other related account information” about their social media networks.

Employers, however, still have the right to monitor employees’ computers. In other words, this means you’ll have to do your self-destructive Twittering from home.

The first two states to pass this kind of privacy laws were Maryland and Delaware. Several other states, including California, Massachusetts, Michigan, New York and Washington, are lining up to do the same.