EmployeeScreenIQ Blog

We are intrigued by how quickly and stealthly (word? we’ll add that to the “Nicktionary”) the March 1st deadline for complying with the new Massachusetts Data Security Regulations came and went.  We also think that there isn’t a whole lot of information out there about exactly who this affects and how they can comply; not even from the state’s attorney general.  So we sought the expert advice of Massachusetts attorney Michael S. Kraft to help educate us.  Check out our podcast below which highlights what the regulations entail, who they affect and how companies can get in compliance.  While the regulations are fairly sweeping and apply to more than just human resource practices, we focused on the personal data employers receive from job applicants and their employment applications and background check releases.

Also, Michael offered the following compliance checklist for employers:

• Develop a written information security plan (WISP);
• Identify all foreseeable risks in your organization by examining every nook and cranny where data enters, leaves or is stored;
• Implement security policies and procedures and train your employees
• Secure all paper and electronic records; provide encryption
• Obtain written assurances from all vendors that they are compliant
• Regularly monitor and review to insure compliance

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Massachusetts attorney Michael S. Kraft was kind enough to correct me on the entry I posted last week about the state’s new data security regulations.  According to Mr. Kraft, not only do organizations based in the state of Massachusetts need to draft a policy to protect personal information, but any business that has any employee or consumer customer located in Massachusetts.

I checked out his blog and also found other helpful advice for how employers can comply with these guidelines.

The new Massachusetts data security regulation goes into effect on Monday, March 1. If you have not yet begun to plan for the deadline, then likely either you are unaware of the requirements, or you are feeling overwhelmed by them. And who would blame you in light of the seemingly endless list of tasks:

• Develop a written information security plan (WISP);
• Identify all foreseeable risks in your organization by examining every nook and cranny where data enters, leaves or is stored;
• Implement security policies and procedures and train your employees
• Secure all paper and electronic records; provide encryption
• Obtain written assurances from all vendors that they are compliant
• Regularly monitor and review to insure compliance

You know that it is vitally important, both because it’s legally required and because it’s the right thing to do to protect your customers.  But where to begin? Do you need professional assistance – a lawyer or specialized IT firm to accomplish this task?  That really depends on the size and nature of your business, the data that requires protection and how much time and energy you are willing to devote to the process.  Many businesses are probably capable of accomplishing a lot on their own. For the most part, the regulation is a straightforward recitation of the tasks needed to comply. But is that the best use of your time? Noted author and business consultant Andy Birol would caution business owners to judge very carefully those tasks that they choose to do by themselves and those that are properly delegated.

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Please note that the Massachusetts Data Security Regulations take affect on March 1, 2010.  This impacts all employers in the state that collect personal identifying information such as a person’s name and any or all of the following: Social Security Number, drivers license or state ID number, financial account or credit number.  Most employers gather at least a portion of this information during the on-boarding process and certainly need it if they conduct background checks.

In order to comply,  employers must have in place a written information security program (”WISP”) by 3/1/10.

View Press Release from MA Office of Consumer Affairs

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Maybe it was the snow and ice that kept them away. Or, maybe it was the $5,000 plus buy-in that made so many medical marijuana dispensary owners shy away from applying for their Denver operating licenses on Monday.

Whatever the reason, only 26 applicants showed up on opening day at the office of excise and licenses to make application to legally dispense medical marijuana – and six of those were turned away for inadequate paperwork.  20 applicants out of some 450 holders of dispensary sales tax licenses.

All of a sudden, it doesn’t quite sound like the wild west anymore.  The deadline for applying is March 1, so anyone serious about supplying cannabis will need to hurry.

According to the Denver Post, “The application includes a background check with fingerprinting.  Owners pay a $2,000 application fee, the cost of background checks and a $3,000 annual license fee, and must not have been convicted of a felony or served a felony sentence in the last five years.  If the application is denied, the $3,000 license fee will be refunded.”

Some dispensary owners may be re-thinking their commitment based on legislation that is currently flying through the statehouse that will establish yet another layer of bureaucracy (a marijuana licensing authority) and an additional slate of yet-to-be-determined fees. The Colorado Statesman reports that “The Massey-Romer medical marijuana bill would establish an 18-month moratorium on new marijuana business while allowing existing operations to transition over the same period into non-profit health centers subject to rules modeled on the state’s liquor code.”

So, in addition to $5,000 worth of Denver fees and sales taxes plus state fees and taxes, Denver dispensary owners would have to pay lawyers to rework their corporate documents to comply with nonprofit requirements.

Patients may want to consider buying up a supply soon because it looks like the price of medicine is going to go way up.

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Monday September 20th, 2009

Well its been an interesting week to say the least.  From scandals at ACORN to increased health care debate on Capital Hill.  One thing is sure, there is no shortage of background screening stories.

Kicking it off this weekend is a new Bill in Georgia that would require background checks on people who work inside others homes.

For Amy Scott and others still reeling from a 2008 assault at a north Bibb County home, it’s hard to wait for the accused rapist to go to trial.

“It’s just an emotional roller coaster,” she said. “We’ve still got to relive it and face it.”

The case helped prompt a bill that’s still pending in the state Legislature, said Rep. Allen Peake, R-Macon, who sponsored the measure that would require employers to perform background checks on people who work inside other people’s homes.

Click here for more on this story!

In Diploma Mill news a recent US News and World Report article could cause issues for those trying to verify education of employees. Apparently, A recent study found that more than 530 of the approximately 3,000 mainstream colleges and universities have at least tinkered with their names since 1996.

Click here for more!

Hitting our kids schools is a story about an employee of Churchill County School District in Nevada who has failed to register as a sex offender.  I am a little confused…failed to register?  Why was he working there in the first place?

Click here for more!

We hope you enjoyed our plethora of stories last week as we continue to gather news for the week ahead!

So, that’s it!  Enjoy your week.

If you have stories you would like us to blog about or post please feel free to email us at blog@employeescreen.com

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Its one thing when a company fails to do a proper background check somewhere in the United States. Its another when it happens in my own county!  Cuyahoga County, well know around the State of Ohio for corruption has another feather for its cap.

Agency that transports the elderly within Cuyahoga County fires its finance director after The Plain Dealer inquires about his criminal past

Senior Transportation Connection — a public-private partnership that runs van service for senior citizens in about 20 Cuyahoga County communities — fired its finance director Wednesday, a day after The Plain Dealer confronted him about his recent criminal history of stealing from employers.

Jeremy D. Fields worked as a consultant for the agency since May 2007, months after getting out of prison for his second felony theft conviction in two years. Court records and interviews show that Fields, 32, embezzled nearly $200,000 from two area businesses before landing the job with Senior Transportation Connection.

Agency Director Janice Dzigiel said she was unaware of Fields’ criminal past until Tuesday when a reporter contacted Fields. Dzigiel said after Fields ended the phone call, he rushed into her office and revealed everything.

Dzigiel said she was stunned by the revelations and told Fields to turn in his keys and leave the agency offices, on West 150th Street in Cleveland.

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Last week, I blogged about how the Pennsylvania Interscholastic Athletics Association (PIAA) does not conduct background checks on those officiating school sporting events (see Pittsburgh Newspaper Reports Sports Officials Have Criminal Records).  Since that blog, I’ve seen numerous follow up stories regarding this issue, the majority disagreeing with PIAA officials that their current process of not conducting background checks is acceptable.  Well, it appears that PIAA may not have a choice in the future of whether to screen those they hire to work directly with children.

State Rep. Pushes For Background Checks For PIAA Officials

WPXI.com – September 23, 2008

CANONSBURG, Pa. — Pennsylvania State Rep. Tim Solobay is pushing for a new law to protect high school athletes from child predators.

Under Solobay’s legislation, all Pennsylvania Intercollegiate Athletic Association officials who have direct contact with children will have to undergo a background check.

A recent report showed several PIAA officials had criminal histories including child abuse, sexual battery and child pornography.

Let’s just hope Pennsylvania does their homework on what constitutes a thorough background check.  Otherwise, this may not be the last we hear on this issue.

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As you know, the city of Houston, TX and surrounding areas suffered heavy damages caused by Hurricane Ike.  Currently (at the time of this post) 93% of those in Harris County (Houston) are without power.  Neighboring counties of Brazoria, Montgomery and Fort Bend are also largely without power.  And of course, many people are returning to severely damaged homes.

In addition to Texas, this storm has caused considerable damage and flooding throughout a significant portion of the country, including parts of Louisiana, Kentucky, Ohio, Illinois, West Virginia and Indiana.

Of course, the damage this storm has caused and the people that have been affected are of primary concern to us all.  However, we thought we would address how the damage is affecting background checks in these areas.

Needless to say, the courthouses in these affected counties have been closed since the storm hit and will remain closed for at least a few more days.  Those requesting court records in the affected counties will experience delays until these courts reopen.

So the question many employers are asking is, “Am I supposed to wait to hire applicants without the information from these jurisdictions?”  Unfortunately, we as employment screeners shouldn’t answer that question for any organization.  Some employers might choose to wait on a hiring decision pending the completion of a background check.  Of course, the risk is losing that candidate.  Other companies might choose to hire them and make their employment contingent upon the successful completion of a background check.  That certainly allows the company to secure their candidate, but it could open them up for short-term liability.

There are some short term solutions which can act as a bridge to the county information such as Statewide and National Database Searches.  However, it is important to know the shortcomings of these tools before you choose to utilize them.

One thing that we can offer is that no matter which lane you choose, don’t forget to perform the background check when the courts reopen.  It’s easy for these things to get lost in the shuffle.  This is one area that shouldn’t slip through the cracks.

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New York employers that conduct background checks will want to take note of an amendment to the General Business Law and Labor Law Subdivision (b) of section 380-C which was previously amended in 1977.  This amendment will take effect February 5, 2009.

The new amendment calls for employers to give all job applicants who have one or more criminal records a copy of Article 23A- Section 753 after their background check has been completed.  Employers must also post a copy of the same article in a visually conspicuous area for all employees to see.

Article 23A- Section 753 defines the factors to be considered concerning a previous criminal conviction.

Check out our legislative update on this topic just posted on employeescreen University.

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DEDHAM – Following the June arrest of a Department of Parks and Recreation employee, the town is implementing a new policy requiring that all prospective employees undergo criminal background checks.

The arrest of seasonal maintenance worker William Luciano, 38, of 2 Taft St., Walpole, revealed to acting Parks and Recreation Director Bob Stanley that the department had not been uniformly requesting the criminal records of all employees.

Although the town had an informal policy of running background checks, after the arrest and Stanley’s investigation, Town Administrator William Keegan drafted a formal written policy, which the Board of Selectmen unanimously approved during a meeting Thursday.

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