Are your employees ready to get back to work?

Nationwide Screening Services works hard to provide our customers with the best pre-employment, background screening tools available. As we all prepare to have employees return to work, companies are looking for different options to ensure this is being done safely. We would like to introduce you to Custom Healthcare Staffing. 

Ensure a safe environment with Health screeners from Custom

At Custom, they have developed a program to place health care screeners in your office.
Custom will provide:

  • Licensed occupational health professionals
  • Conduct temperature readings
  • Covid exposure questionnaires
  • Onsite presence/consultation to employees entering your place of work
  • Work at an affordable price.
  • 24/7 live service from a staffing professional

If you would like additional details, please reach out to Andrew Norton directly, anorton@customgroupofcompanies.com. Be safe, stay healthy!

If you would like an introduction with CUSTOM STAFFING, please fill out the form below.

6 Reasons Screening Services Are Important

There are many reasons why pre-employment background checks are so important. In fact, here in the United States they have been the norm for a significant number of years. They are widely considered to be an essential step to take before committing to hire anyone. More often than not, employers assume candidates are telling the truth, or the whole truth. And most of the time applicants are being completely honest.

There are, however, a number of ways they might try hiding the truth from you, or be selective with the information they reveal. A background check, or pre-employment screening, can help protect your company from situations like these. In this article we will outline a few of the moist common ways background checks can be of service to you.

Why Are Background Checks Important for Employers?

Performing a background check is an opportunity to verify the information a candidate has provided you, and a way to make sure they are the right person for the job. Here are six reasons why it’s a good idea to invest the time in them:

  • They can help you make sure your workplace is a safe and healthy environment. Although not all roles or companies may require a criminal background check. Performing one can be crucial to the safety of your company and staff. This is especially important for companies that work with vulnerable people, such as children.
  • You will be able to rest assured you have hired the most qualified person possible for the job. Someone who will be a catalyst for growth in your company, not a hindrance to its development. Confirming an applicant was honest about their education is paramount to hiring someone with the right skill set for the job. Roles that require specialist degrees, in particular, depend on employees with a certain minimum of knowledge, without which the role might not be able to be performed. Past work experience goes along the same lines, in many roles being even more important. It is crucial to make sure an applicant has been honest about where they have worked, and the responsibilities they have had.
  • You will reduce ambiguity in the hiring process and the number of dishonest applicants. Dishonest applicants realizing that it’s becoming increasingly difficult to acquire positions might be dissuaded, or even encouraged to change.

Negligible Hiring and Nurturing an Honest Culture

  • A background check will also minimize exposure to employment liability, should something go wrong. It’s best practice. An employer that does not investigate a potential employee’s background, could be liable for retention or negligible hiring. If the employee is involved in grievous misconduct or illegal activity the consequences can be dire for the employer. The potential ramifications for such a case can be devastating.
  • You spread and perpetuate a culture in which honesty in the application process is encouraged and valued.
  • Instincts aren’t everything. As important as it is to get to know someone face to face, and as good of a judge of character you might think you are, you won’t be getting a complete picture. Screening services can help you get one.

If you would like information on how to start a working relationship with Nationwide Screening Services, please fill out the form below.

May 2020 Newsletter

Message from the Editor:
Welcome to another edition of ‘Inside Background Screening’ our new newsletter. Our goal is to bring to you cutting edge news and information about what is happening in the background screening world to help keep you informed and to position you to make the best possible hiring decisions.


We hope you enjoy ‘Inside Background Screening’ and that you will share your interest and thoughts with us.

Lorenzo Pugliano
CEO
Lpugliano@nsshire.com

EMPLOYMENT SCREENING

Background Check Disclosures: What’s Extra But Not Extraneous?
The Ninth Circuit issued a decision in March that provides employers with actionable direction for the purposes of drafting and assessing the compliance of their background check disclosures and adverse action processes. Plaintiff Daniel Walker filed a class action against a grocery chain, alleging that he was unable to understand the nature of the background report that the grocery store requested. The District Court dismissed the complaint in June 2018, finding that nothing in the disclosure was extraneous, and that it was clear and conspicuous. The case was sent to the Ninth Circuit on appeal, where the term “extraneous” was assessed. Applying Syed v. M-I, LLC, and Gilberg v. California Check Cashing Stores, the Ninth Circuit held that a brief explanation of what it means to obtain a background check for employment purposes is not extraneous and satisfies the Fair Credit Reporting Act’s (FCRA) standalone disclosure requirement, but that disclosure of related processes is extraneous.
Read more

Taking Into Account Salary History in Setting Pay
The Equal Pay Act (EPA) prohibits pay discrimination on the basis of sex and does not require proof of discriminatory intent. As such, the Ninth Circuit recently held for the second time in Rizo v. Yovino that, under the EPA, prior salary history cannot be used by employers to justify sex-based pay differentials. Although there is a circuit split at the federal level as to whether prior salary can justify sex-based pay gaps under the EPA, companies should be aware of “salary history bans” at the state and local level, including in New York, New York City, California, San Francisco, Colorado, Illinois, Massachusetts, Oregon and Washington. In most of these jurisdictions, an employer’s ability to rely on an applicant’s salary history in reaching a compensation decision is limited. Employers should, instead, consider position-related factors, such as duties and responsibilities of the position, and person-related factors, such as past experience and education levels.
Read more

LEGAL ISSUES

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer
The plaintiff in Walker v. Fred Moyer, Inc., sued his employer under the Fair Credit Reporting Act (FCRA), claiming that the defendant’s FCRA disclosures contained extraneous information and therefore violated the law’s requirement that such disclosures be clear and concise. He also alleged that the defendant violated the FCRA by refusing to discuss the search results with him before his job offer was revoked. On appeal, the Ninth Circuit held that the FCRA notice should be limited to basic information about the search and its purposes, however, the employer may add additional information that is directly related to these required disclosures.
Read more

9th Circuit: Employees Failed to Show Background Check Info Was Confusing
Employees in a putative class action lawsuit against Shamrock Foods alleged that the employer violated the Fair Credit Reporting Act (FCRA) by failing to obtain authorization for their background checks and properly disclose its intent to obtain consumer reports. In addition, the employees allege the information was included in a “lengthy” employment application. The 9th U.S. Circuit Court of Appeals concluded that the employees failed to show they were confused by background information in Ruiz v. Shamrock Foods Co., No. 18-56209 (9th Cir., March 20, 2020).
Read more

Using Artificial Intelligence and Algorithms
Although the use of AI technology to make predictions, recommendations, or decisions has enormous potential to improve welfare and productivity, risks also are presented, such as the potential for unfair or discriminatory outcomes or the perpetuation of existing socioeconomic disparities. Both the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA) address automated decision-making. The Federal Trade Commission (FTC) Act authority can be used to prohibit unfair and deceptive practices to address consumer injury by emphasizing through law enforcement actions, studies and guidance that AI tools be transparent, explainable, fair and sound, while fostering accountability.
Read more

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information in Background Check Disclosures
In March, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA), specifically providing practical guidance for drafting such disclosures. Employers may order background reports for employment purposes, but must first disclose their intention to do so and obtain authorization. The disclosure must be “clear,” “conspicuous,” and presented in a “document” that consists “solely” of the disclosure. The Ninth Circuit’s opinion discussed each paragraph of the employer’s disclosure and ruled that most, but not all, of the text was part of the disclosure rather than impermissible “extraneous” material.
Read more

DRUG SCREENING ISSUES

NJ Supreme Court Recognizes Medical Marijuana Discrimination
The New Jersey Supreme Court ruled that a funeral director may pursue discrimination claims against his former employer. Justin Wild’s anti-discrimination claims against Carriage Funeral Holdings, Inc., stem from his termination following a car-accident-related injury. Wild claims he was terminated because of his use of medical marijuana to manage cancer-related pain. A change to the Compassionate Use Medical Marijuana Act (CUMMA) provides employment protections for medical marijuana users, including prohibiting employers from taking any adverse employment action “based solely on the employee’s status” as a medical marijuana patient. In addition, where an employer does have a drug testing policy, any employee or applicant who tests positive for marijuana must be provided an opportunity to present a legitimate medical explanation for the positive result or to request a retest.
Read more


AB 2355 Aims to Make Medical Cannabis Users A Protected Class in California
Assembly Bill 2355 (AB 2355) was introduced in California, which would make medical marijuana cannabis users a protected class in California. Sixteen states, including Nevada, New York and Pennsylvania, already have similar laws that protect marijuana users against employment discrimination. AB 2355 does not, however:

  • Prevent an employer from refusing to hire an individual, or from discharging or reasonably accommodating an employee who is within the medical cannabis protected class.
  • Apply where an employer requires all employees and job applicants to be drug and alcohol-free for legitimate safety reasons as required by federal or state laws, and who is required to conduct applicant and ongoing testing of employees by those laws and regulations.
  • Diminish an employer’s ability to terminate an employee, refuse an accommodation, suspend an employee, or take any other lawful action against the employee if the employer discovers that the employee is using or is impaired by medical cannabis on the property or premises of the place of employment or during the hours of employment.

Read more

New York City Commission on Human Rights Proposes Rules Addressing Exceptions to Prohibition on Pre-Employment Marijuana Screening
The New York City Commission on Human Rights (the “Commission”) proposed rules in March addressing exceptions recognized under the city’s ordinance generally prohibiting pre-employment testing for marijuana and tetrahydrocannabinols (THC). Effective May 10, 2020, the ban on pre-employment testing for marijuana and THC will identify positions “with the potential to significantly impact the health or safety of employees or members of the public,” as permitted by the law. The proposed rules would permit testing of candidates for positions that require an employee to regularly, or within one week of beginning employment, work on an active construction site; regularly operate heavy machinery; regularly work on power or gas utility lines; operate a motor vehicle on an approximately daily basis; or where impairment would interfere with the employee’s ability to take adequate care in the carrying out of their job duties and would pose an immediate risk of death or serious physical harm to the employee or to other people.
Read more

IMMIGRATION AND eVERIFY

II-9 and E-Verify Compliance Blog: Form I-9 Conundrum: Is Your Business Operating Remotely During COVID-19?
A new “flexible” Form I-9 option, announced by the Department of Homeland Security in early April, enables employers to conduct a remote verification of a new hire’s identity and work authorization documents, followed by an in-person
verification at a later time. The relaxation of rules was a surprise to many businesses and employers with hiring needs are finding themselves trying to make sense of the option. First, if employees are physically present at a work location,
the exception will not be allowed, however for those employers with closed locations, virtual verifications for new hires will be permitted. There are exceptions for new hires or existing employees that are subject to COVID-19 quarantine or
lockdown protocols. Those who fail to comply could be charged with a so-called timeliness violation, which could potentially add up quickly.
Read more

DATA PROTECTION & PRIVACY

Two Years of GDPR: What We Have Learned and What You Need to Know
Marcel Duhamel, a partner in the Vorys, Sater, Seymour and Pease, LLC authored a white paper titled “Two Years of GDPR: What We Have Learned and What You Need to Know.” The white paper provides an in-depth overview of GDPR (General Data Protection Regulation), and it also offers some insights into what has been
learned about the law over the past two years.
The extraterritorial scope of GDPR – including to U.S. businesses with no physical presence within the E.U.
• How a U.S.-based business can determine whether or not GDPR applies to them and, if it does, what compliance entails.
• The many rights of data subjects granted under the GDPR.
• The principles in GDPR that govern the processing of personal data and the obligations on businesses to comply with these principles.
• An overview of the potential damages and penalties.
Download white paper

State Consumer Privacy Law Round Up February 2020
The National Conference of State Legislatures has reported that more than 150 new consumer privacy bills were introduced in 25 states and Puerto Rico in 2019, as well as several federal privacy law proposals. A few of these include the Washington Privacy Act, which is modeled after the General Data Protection Regulation (GDPR); New Hampshire’s HB 1680-FN, a copycat of the California Consumer Privacy Act (CCPA); and New Jersey’s draft bill A2188, which would regulate owners/operators of websites and online services in their use of “personally identifiable information.”
Read more

Disclaimer: All information presented is for information purposes only and is not intended to provide professional or legal advice regarding actions to take in any situation. Nationwide Screening Services makes no representations for any products or services that are mentioned and accepts no responsibility for any actions or consequences taken without the guidance of a licensed attorney or professional consultant.

We’d like to hear from you! Please email us at info@nsshire.com or visit our contact form by clicking HERE

Why Background Checks Are Important For Staffing Agencies

Background checks are an essential ingredient in maintaining a healthy and productive workplace. It is common for companies to make use of staffing agencies’ services when in need of filling a particular role. Especially so for long term positions, but also for temporary contracts. The importance of background checks is often underestimated, thought to be unimportant. This is a grave mistake to make.

Hiring someone with a violent criminal background, ill intent, or even minor felonies can become a major liability for a company. Dealing internally with an issue like this can be a long and messy process. The best course of action is to prevent a problematic situation like this in the first place. And the best way to achieve this is with a solid background check.

That might be the worst-case scenario, but it’s far from the only reason background checks are crucial to a successful company. Finding the right employee, one you know you can trust, that will take their workload seriously. One that has appropriate experience and qualifications for the position. An exciting and important step for a company to take, at any size and stage. A thorough background check, through the right agency, will help you achieve this goal. Provide you with a filter, to help sift through the sand and find your speck of gold.

How Do I Know I’ve Found the Right Company?

There are a lot of types of background checks, and even more staffing companies. But how do you know which one is right for you?

First off, experience, staff and ample resources are what you want to be looking for. There are many companies out there that claim to be incredibly fast and cheap, without sacrificing accuracy. More often than not, this is a false claim. Like with many things, you get what you pay for with background checks. And trust us when we say this, you do not want to cut corners in this sector. As with some of the issues outlined above, bringing in the wrong person to your company can have catastrophic results. A cheap background check can lead to unpleasant surprises in the future. They can be unreliable, inaccurate and often come paired with hidden fees.

A solid background check performed by experienced staff and a reliable company will lead you to better hires and more numerous hires. If anything you’ll save time, as with a more thorough search you’ll come to your ideal candidate sooner.

With a complete service you’ll be provided with a proper multifaceted investigation. One that covers all bases:

  • Criminal records search
  • Verification of education and related qualifications
  • Employment history
  • Credit history
  • Sex offender status
  • System of Award Management Check
  • OIG

Besides background checks, it’s also quite likely the screening will require further information. Drug tests and healthcare services also make up an important part of the process. Choosing a company that offers a full service won’t only benefit your company but the potential candidate too.

If you would like information on how to start a working relationship with Nationwide Screening Services, please fill out the form below.