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
Lorenzo Pugliano
CEO
Lpugliano@nsshire.com
New Background Screening Law Aims to Make Nursing, Healthcare Safer
A new law in Florida makes background screenings simpler by requiring the Agency for Health Care Administration (AHCA) to set up a public website detailing who needs a screening and how to get one. It allows reuse of screening numbers across multiple organizations, reducing duplicate screenings for jobs, volunteering, or other clearance needs.
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Hearing Set for Proposal for Stricter Criminal Background Checks for Boston City Workers
Boston city councilors planned an emergency hearing to debate stricter criminal and sex offender screening requirements for city employees. City councilors are calling for pre-employment criminal and sex offender registry checks, annual criminal and sex offender registry checks, and a two-year criminal background check audit.
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Florida’s Job Market Flooded with AI ‘Frankencandidates,’ Expert Warns
Employers in Florida are overwhelmed by a surge of AI-generated job applications, complicating hiring decisions. Many review systems struggle to distinguish human work from algorithmically produced resumes, and a growing number of managers view heavy AI use on applications as a red flag.
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Few HR Pros Can’t Detect Fake Job Candidate Information, Survey Shows
A recent Equifax survey of over 250 HR professionals revealed half view workflow automation as a major challenge. Fabricated or misleading resume information appears in 71% of hiring processes, yet only 20% feel very confident in spotting it. Slow hiring speed and weak onboarding are also concerns, with less than 12% consistently hiring quickly and 83% seeing room for improvement in onboarding.
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Cost of ‘Bad Hires’ Impacting US Industrial Sector Productivity and Profitability, Says New Talogy Research
A Talogy study of 855 industrial hiring professionals found that rushing to fill entry-level roles leads to rising costs, declining productivity, and safety risks. Key stats: 73% felt pressure to hire quickly, 63% saw reduced productivity, 56% reported poor work quality, and 21% linked bad hires with safety incidents. Most missing applicant traits were attention to detail, problem-solving, communication, and technical skills.
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Background Checks: A $600K FCRA Compliance Mistake
Barnes & Noble paid $600,000 after including a footnote in a background check disclosure form that violated the Fair Credit Reporting Act’s requirement that disclosures be “clear, conspicuous, and standalone.” A court found that even a seemingly harmless addition—stating that the disclosure was “not legal advice”—could suggest willfulness when included in forms used widely over time. Small, technical deviations can trigger class actions with substantial penalties.
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Breaking Through Barriers: A Modern-Day Guide to Second Chance Hiring
Employers embracing second-chance hiring see people with past convictions as an underused source of reliable, motivated labor. Programs that remove or delay asking about criminal history, focus on skills over credentials, and provide practical supports like housing or transportation help such workers succeed. Companies using these practices benefit from greater employee loyalty, reduced turnover, and access to talent pools that traditional hiring typically excludes.
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By 2028, 1 in 4 Candidate Profiles Will Be Fake, Gartner Predicts
By 2028, one in four job candidate profiles may be fraudulent, driven by AI tools and impersonation tactics. Six percent of candidates admitted to interview fraud, and many use AI to manipulate their resumes or responses. Employers must deploy layered safeguards—such as identity validation, fraud monitoring, and in-person assessments—to counter escalating candidate deception.
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New Mexico Woman Charged with Identity Theft and Nursing Fraud
April Guadalupe Hernandez, a 26-year-old certified nurse assistant from New Mexico, has been charged with 19 counts of misconduct, including nursing without a license, abuse of a resident, and fraud. She allegedly stole identities from nurses in Texas, California, and Kansas to falsify credentials and work at multiple hospice centers over a year. Hernandez’s employment ended when supervisors discovered her nursing documents were fake. She faces up to 27.5 years in prison if convicted.
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HR’s New Reality Check: Navigating AI-Driven Candidate Fraud in Background Screening
HR professionals are increasingly encountering AI-driven candidate fraud, such as deepfake video interviews and synthetic resumes, posing significant risks to hiring integrity. Despite heightened awareness, many organizations lack the necessary tools and training to detect these sophisticated deceptions. Experts recommend adopting multi-layered verification strategies, including live-only interviews, advanced AI detection software, and comprehensive background checks, to safeguard against fraudulent applicants and maintain hiring standards.
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North Korean IT Worker Infiltrations Exploded 220% Over the Past 12 Months, with Gen AI Weaponized at Every Stage of the Hiring Process
North Korean IT workers have infiltrated numerous Fortune 500 companies by using fake or stolen identities, allowing them to funnel salaries to the regime. The UN estimates this scheme generates between $250 million and $600 million annually. Chinese companies have been implicated in facilitating these operations, often through shell companies that obscure the workers’ true affiliations. Despite international sanctions, these workers continue to secure remote tech jobs, posing significant cybersecurity risks.
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The ABCs of CBD? Kind of… 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain Oil
The 8th Circuit upheld an employer’s right to terminate an employee who tested positive for THC after using CBD oil, based on Arkansas’s at-will employment policy. State laws vary on protections for medical or recreational marijuana use, with some prohibiting adverse actions for off-duty use and others allowing strict workplace policies. Employers must carefully navigate state regulations and federal laws when managing drug testing and disciplinary actions related to cannabis products.
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Texas Weed Laws: What You Need to Know
Texas expanded medical marijuana access under House Bill 46, allowing more patients and new consumption methods, while keeping strict THC limits and doctor approval. A vape ban restricts marketing and sales of certain e-cigarettes and fully bans THC vapes. Meanwhile, a proposed complete ban on hemp THC remains stalled in the legislature after Senate approval. Despite challenges, the medical program’s growth offers hope for many Texans seeking alternative treatments.
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Fentanyl Positivity is More Than Seven Times Higher in Random Tests vs. Pre-Employment Drug Screening, Finds 2025 Quest Diagnostics Drug Testing Index
Fentanyl positivity in U.S. workforce random drug tests surged, with 60% of positives also showing other drugs. Co-positivity with marijuana doubled since 2020, reaching 22%. Overall workplace drug positivity slightly declined to 4.4% in 2024, but fentanyl use after pre-employment screening rose sharply. Amphetamines also increased, while other opioids declined. High positivity in suspicion-based testing highlights ongoing drug challenges, raising safety concerns in workplaces nationwide.
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Industry Bulletin: DOT Seeks Input on Addition of Fentanyl to Drug Testing
The U.S. Department of Transportation proposes adding fentanyl and its metabolite norfentanyl to its drug testing panel to enhance transportation safety amid rising overdose deaths. This aligns DOT testing with the Department of Health and Human Services’ updated federal workplace drug testing guidelines and complies with the Omnibus Transportation Testing Act of 1991. The proposal also seeks to update regulations for consistency with current federal urine and oral fluid testing standards.
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Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana
Drivers with DOT drug or alcohol violations cannot operate commercial motor vehicles (CMVs) requiring CDL in interstate commerce until completing the Return-to-Duty process. However, CDL holders with unresolved violations may operate smaller vehicles under 26,001 lbs intrastate, depending on state laws. The Clearinghouse 2.0 Rule downgrades licenses for prohibited drivers, but this typically doesn’t affect non-CDL vehicles. Employers must ensure compliance with federal regulations and consider medical certification requirements.
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Litigation Risks Increase as More Employers Use AI Tools in Hiring Decision-Making Process
AI use in hiring, such as résumé screening and interview scheduling, is growing but poses legal risks. The Mobley v. Workday lawsuit alleges AI discrimination based on protected traits, moving forward as a collective action. Similar cases, like EEOC’s $365,000 settlement over biased tutor screening software, highlight these concerns. Employers should audit AI tools for compliance with anti-discrimination laws and establish clear policies to reduce legal risk and avoid unfair hiring decisions.
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Is My U.S.-Based Company Subject to the GDPR? Clearing Up European Data Privacy Law Misinformation
A U.S. company faces GDPR obligations only if it intentionally “targets” people in the EU—through European-language marketing, EU domains, EU payment or shipping options, or dedicated contacts. Minimal incidental access (e.g., a European visiting the site) generally does not trigger GDPR.
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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.
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