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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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Jason Morris and I recently sat down with HRMarketer’s Elrond Lawrence for a podcast to discuss our white paper, Recruiting with Social Networking Sites: What You DO Know Can Hurt You.  Elrond asked some great questions that really shed light on the legalities involved, some horror stories and what employers need to know if they are considering the use of these site as part of the employment and background screening process.

Check out the podcast below and don’t forget to download this free white paper by clicking here.

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We’ve written extensively on the prevalence of diploma mills and the harm they can do to unsuspecting employers.  We recently found a great blog post published by Online University Degree on things employers can do to recognize and avoid them when conducting employment background checks.  Check it out this excerpt.

How to Recognize and Avoid Diploma Mills

The only way to recognize a bogus degree program is to do a little legwork yourself. The following list contains tips and information about known diploma mills as well as search engines that can help with your search and a few articles that may help you to recognize the diploma mill:

  1. Search for Accredited Colleges and Degree-Granting Programs: In 2005, the U.S. Department of Education formed a search engine for citizens to learn more about the colleges they want to attend. Each of the postsecondary educational institutions and programs contained within the database is, or was, accredited by an accrediting agency or state approval agency recognized by the U.S. Secretary of Education as a “reliable authority as to the quality of postsecondary education” within the meaning of the Higher Education Act of 1965, as amended (HEA).
  2. Search for Nationally Recognized Accrediting Agencies: This information will back up what you learn from colleges that claim accreditation. This list, provided by the U.S. Department of Education, provides the names of accrediting agencies that are both recognized and legal.
  3. Learn About Unaccredited Colleges: This short list is provided by the State of Oregon, and covers colleges in California, Oregon, New Mexico and Utah.
  4. Learn about Diploma Mills and Accreditation: The Council on Higher Education Accreditation (CHEA) covers the gamut from federal recognition of college, accrediting organizations and a list [PDF] of known colleges that are not accredited by CHEA.
  5. Learn about Fake Accrediting Agencies: Although this article dates back to 1999, many reputable agencies continue to point to it to show agencies that are not recognized under GAAP, or the Generally Accepted Accrediting Practices. Additionally, the accrediting agencies on this list are not recognized by the Council on Higher Education Accreditation in Washington or the U.S. Department of Education, nor by UNESCO or by the education departments or ministries of major countries.
  6. Get Information about Unaccredited Degree-Granting Institutions: This list provides a state-by-state resource to learn about unaccredited degree-granting institutions.
  7. Learn What a Fake Degree Looks Like: This document [PDF], provided by the United States General Accounting Office, shows degrees ‘earned’ (rather, paid for) from diploma mills.
  8. Learn the Tell-Tale Signs of a Bogus Degree: The Federal Trade Commission (FTA) offers a document that outlines the issues you need to look for when researching colleges. They also provide another documentthat outlines more issues.
  9. Research Private Colleges: Because a college is private, that does not mean it is legitimate. use the National Association of State Administrators and Supervisors of Private Schools Web site (NASASPS) to research any private school.
  10. Research Online Colleges: Online colleges may prove most problematic, as not all online degree-granting programs originate from a reputable source. Use search engines such as OEDb (Online Education Database) and eLearnersto learn more about online college degree-granting programs that are accredited by reputable accrediting agencies.

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BusinessWeek published a quick tip sheet on how businesses can manage the cost of their unemployment insurance.  Not sure why I never thought of this, but the author, Burton M. Goldfield, nailed it when he said that a proper employment screening program can help manage your costs.  Why?  If you are taking the proper steps to hire the right people, you diminish the chance of having a revolving workforce.  Less turnover in your workforce translates to fewer unemployment claims.  See below.

Manage Your Rising State Unemployment Insurance Rate

Since December 2007, the U.S. economy has lost 6.7 million jobs. The resulting surge in unemployment claims has depleted state unemployment insurance funds and set the stage for substantial increases in the taxes small businesses will pay to help fund current claims and replenish state coffers. In 2010, employers face a projected increase in unemployment insurance tax payments that ranges from 2.5% to 600%.

Unfortunately, there are many factors beyond our control when it comes to unemployment taxes. The economy, extended unemployment benefits, and states borrowing federal funds to pay unemployment claims are all driving up rates. The good news is that your rate can be controlled, in part through good employment practices and also by how you handle unemployment claims. Be sure to consult with human resources experts to ensure you have the right processes in place, including:

1. Having the proper pre-employment screening, training, and supervision in place so you can hire and retain the right employees for your business. High turnover contributes to higher unemployment insurance rates.


2. Making sure you accurately manage unemployment claims made by your former employees. Following established procedures along with accurate record-keeping will help you avoid unnecessary claims activity.

3. Always be on the lookout for fraud. Experts estimate that as much as 10% of all costs in the unemployment insurance system are attributable to fraud. Illegitimate claims from employees who are not entitled to collect unemployment insurance drive rates higher.

Small businesses can no longer afford to remain ignorant about this payroll reality. Keeping your eye on these key factors will mitigate unemployment insurance costs over the long run.

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The Wall Street Journal Online had a nice piece this morning on how to hire qualified candidates.  In it, they talk specifically about the power of employment background investigations and how background checks can help when hiring.

Perform a background check. Preemployment checks can screen out applicants who may be unfit (or dangerous) for your workplace because of a criminal record. Some states may require that employers in certain industries— say, child care or health care— conduct background checks. A background check also can confirm the accuracy of information that the candidate provided on the application. While a background check isn’t necessary for all employees, it’s smart to conduct one on a job candidate who will have access to sensitive data or your company’s finances. The Fair Credit Reporting Act, which sets standards for employment screening, requires that you get consent from a potential employee before conducting a background check. Check the FTC’s website to make sure you are in compliance. Also, you don’t want to run afoul of state or federal laws concerning the kinds of information an employer uses to make employment decisions. If you do perform a background check, ask a business owner or your attorney for a referral to a reputable firm.

How to Avoid Hiring a Bad Egg

By COLLEEN DEBAISE

Adapted from THE WALL STREET JOURNAL COMPLETE SMALL BUSINESS GUIDEBOOK (Three Rivers Press).

As you begin recruiting and interviewing employees, you’ll obviously be drawn to certain candidates because of their experience, educational background and personality. While it’s easy to make a decision based on what you see in front of you, it’s wise to consider what may be hidden from view, too.

Small businesses, unfortunately, are particularly vulnerable to embezzlement and other kinds of employee theft because they lack the checks and balances of big corporations. One report by the Association of Certified Fraud Examiners found that the median loss for small firms with fewer than one hundred employees was $190,000. The most common schemes? Employees fraudulently writing company checks, skimming revenues and processing phony invoices.

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Well it’s been six months in the making and we’ve finally officially launched our redesigned EmployeeScreen University.

Because I’m lazy (hey it’s Friday), I’ll give you the high point of the improvements as told through our press release.

Originally launched in March, 2008, EmployeeScreen University is the first online educational resource for HR, security and risk-management professionals, featuring regularly updated, free background screening information aimed to help organizations make better hiring decisions.

“The site was already rich with our expert and guest articles, the EmployeeScreenIQ Blog, legislative updates and notifications of current court delays,” says Nick Fishman, EmployeeScreenIQ’s chief marketing officer and executive vice president. “Now we’ve added new features to the site that make it far more valuable to visitors, including user polls, Social Networking plug-ins, videos and podcasts. The end result is an enhanced user experience for our clients and the overall marketplace.”

The company has produced a new video that speaks to the exciting changes, which can be viewed at http://university.employeescreen.com.

“We introduced this concept to the screening industry in 2008 and it has been rewarding to see it grow,” said EmployeeScreenIQ president and chief operating officer, Jason B. Morris. “There is nothing out there like this, so this re-launch has been cool because we were competing with ourselves to see just how much we could innovate.”

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For years now, we have watched competitors tout their annual criminal hit statistics in rather grand style.  I have always chuckled a bit when I see them, because the media eats up the information as if it is truly newsworthy.  While I never want to knock the work of others, here are some facts to consider.  A major payroll company just released that of the 5.5 million background checks they performed, 10% the candidates they screened had some type of criminal record or driving infraction.

10% certainly sounds like an impressive number, right?  Now, let me let you in on a little secret.  EmployeeScreenIQ finds criminal records or infractions on nearly 19% of all applicants screened, nearly double what is found by the aforementioned organization. And that doesn’t even include driving infractions.

Why the difference?  Like all products and services, there are various levels of quality.  The fact that someone performs a criminal background check is not in itself a complete description of the service performed.  We’ve waxed poetically about the differences between various criminal research methods: national databases, statewide searches, federal district search and the gold standard, county criminal record search (the primary method utilized by EmployeeScreenIQ).  I’ll spare you another lecture on the subject, but I will say that the disparity in these statistics validate the effectiveness of our best practice employment screening methods.

So, does this mean that our competitor’s who boast such information are bad companies?  Not at all.  It just means that employers must get beneath the surface when considering the best company for their needs to make sure they understand what information they are and are not getting.

More on this subject to follow in the near future.

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Greetings from the exhibit floor of the 61st Annual SHRM Conference in NOLA.  Believe it or not, this place is rocking.  Attendance is down a bit, but you wouldn’t notice it judging from the crowds at the general sessions and in the exhibit hall.

We chose to release our Annual Top 10 Background Screening Trends list at the conference list year.  Check it out!

Hiring Controversies, Social Networking and Falsified Resumes Top EmployeeScreenIQ’s Annual List of Background Screening Trends

Global employment screening company shares 10 insights about hot topics that hiring professionals need to watch during 2010

EmployeeScreenIQ, a global leader in employment screening, has announced its 2010 list of 10 background screening trends.

Since 2007, the company has developed an annual list to be unveiled at the Society for Human Resource Management (SHRM) Annual Conference and Exposition. This year’s trends were announced at SHRM’s New Orleans conference and are designed to equip hiring professionals with advance information on crucial screening topics before they become everyday news.

EmployeeScreenIQ’s top background screening trends for 2010 include:

1. Greater hiring controversies due to social networking. Social networking has exploded in popularity and changed America’s culture. A recent CareerBuilder study found one in five employers used social networks such as Twitter and Facebook to influence hiring decisions. However, many sites have no verification process and several can be edited by anyone with access to the Internet. Sites such as YouTube and MySpace have few content requirements, and nearly all sites allow users to make up a profile in someone else’s name. At risk are FCRA (Fair Credit Reporting Act) regulations and EEOC (Equal Employment Opportunity Commission) guidelines.

2. Contractor and PEO background checks rise in importance as temporary labor gains widespread use. As the economy regains its footing, employers will turn to temporary labor such as onsite vendors, contract employees and PEO workers. When a contractor is on-site at an employer’s business, which party is responsible for screening the contractor’s workforce? And how can all those involved be sure the contractor has chosen a screening provider who employs best practices? Addressing these issues before signing a contract will be critical for employers in 2010, and their diligence will be tested. A primer for employers is available at: http://university.employeescreen.com/articles/Contractor_Performed_Check

3. Increased hiring in 2010. Integrating a background screening program with applicant tracking systems (ATS) will enable companies to save time and money in the onboarding process. This will help speed the inevitable hiring upswing in 2010, as companies realize that the recent mass layoffs cut too deeply into their workforce. Key employees will be rehired and job vacancies will need to be filled.

4. Fewer employers will respond to requests for resume verifications. Mass layoffs have left HR departments short-staffed and spread thin in managing responsibilities. As a result, employers are either slow or unable to assist with background checks and verifications. The reality is that former employers don’t make money providing verifications, and many are outsourcing the verification process to a third party provider. However, such companies simply provide payroll data that their client – the candidate’s former employer – uploaded to their system, and information is lost about the candidate’s performance, attitude, skills and experience. http://university.employeescreen.com/articles/Employment_Verifications_Layoffs

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We are huge fans of Lisa Kaye and her company greenlightjobs. Not only is Lisa an entrepenuer and saavy business owner, she is a seasoned HR executive with experience leading some of the most recognized brands in the entertainment industry. We also happen to think that she’s a great writer.

Lisa was kind enough to write a Guest Article for employeescreen University entitled, “Don’t Lie About How Good You Are . . .”, where she lends sage advice to executives looking for jobs who are concerned about being “over-qualified”.  While many know the hazards or embellishing or lying on a resume, Lisa suggests that efforts to “dumb down” a resume can be equally harmful.

Here’s an excerpt from her article:

There is so much competition in the market place at the moment, with many former senior level executives vying for jobs far beneath their skills and qualifications it’s become a virtual (no pun intended even though we are an online recruitment company), feeding frenzy!

So how do you warn senior level execs who are being out-placed and replaced on a daily basis of the potential hazards of the job market mine field currently inhabiting our world?

Well, the first thing you tell them is not to lie about their qualifications and skills or “dummy down” their resumes in hopes of getting a look-see from some eager and hopeful recruiter looking to make a placement. This market is tough, nothing new there. In fact, most job markets even when there are an abundance of jobs available, offer its own unique challenges from which we must navigate. When jobs are a plenty, the executive is courted like a debutante at a cotillion ball. Recruiters, employers, hiring managers alike pull out all the stops and throw in more perks to entice, seduce and eventually overcome their prey-The Candidate. When jobs are scare however, there is no room for pleasantries and it’s a game of survival of the fittest. The once coveted executive must now become savvy, slick and all so focused on how and when they will be enticed, seduced and ultimately overtaken by a job offer!

So what’s the best approach to take in re-entering the job market, vying for not so senior jobs, when your resume reads like a “Who’s Who” in Executive Leadership and you were once listed on the “Top 50 Most Influential People to Watch?”

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Need to draft a company policy on background checks?  How about some legal advice on the use of Social Networking Sites?  Or maybe you want some advice for how to navigate the labor law mine field that now exists with COBRA, E-Verify and Ledbetter Fair Pay Act.

Molly DiBianca from the Delaware Employment Law Blog recently put together a list of the Top 100 Employment Law Blogs.  This is a great resource for those with questions about employment law.  Check out some of our favorites below.

  1. Delaware Employment Law Blog
  2. Ohio Employer’s Law Blog
  3. Connecticut Employment Law Blog
  4. HR Legal News

Check out the remainder of Molly’s list.

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All information contained on this website is provided by employeescreenIQ solely for the convenience of the site viewers. employeescreenIQ is not providing legal advice or counsel and nothing provided on this website or otherwise by employeescreenIQ should be deemed as legal guidance or advice. Users are solely responsible for complying with all local, state, and federal laws relating to the use of any information provided on this website and any information products provided by employeescreenIQ. Users should consult with their own legal counsel if they have questions regarding their legal responsibilities or any information provided by employeescreenIQ.