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Background Screening News & Legal Updates

At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

November 19, 2014

Ban the Box Goes into Effect in Rochester, New York

Ban the Box legislation in Rochester, New York went into effect Tuesday, restricting the timing of pre-employment screening inquiries by most public and private employers into a candidate’s criminal history. The Rochester City Council unanimously passed the legislation earlier this year. The new policy requires businesses within the city to remove the checkbox about previous felony convictions from their job applications. However, employers still have the right to ask about an applicant’s past in an interview, and they can still perform prior background checks.

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November 17, 2014

Elderly Woman’s Caregiver Accused of Stealing Over $10K

"It's a whole lot less work to do a background check than to deal with all the repercussions afterward," said Lt. Dennis Ivey Jr.

Ivey’s comment is in reference to a story out of York County, Virginia where a caregiver to an elderly woman stole thousands of dollars from the 92-year-old over the course of a year and a half. Michele Conley was arrested Oct. 22 and charged with 16 felony counts after the woman and her husband accused her of fraudulently making more than $12,000 in purchases using the woman's credit card.

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November 17, 2014

USCIS to Delete Old E-Verify Records Starting Jan. 1, 2015

The U.S. Citizenship and Immigration Services (USCIS) will begin disposing of E-Verify records that are over 10 years old in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule. Effective January 1, 2015, employers will no longer have access in E-Verify to records created prior to December 31, 2004. Under its ongoing NARA obligation, USCIS will dispose of E-Verify records annually. Therefore, on January 1, 2016, USCIS will dispose of records created on or prior to December 31, 2005.

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November 12, 2014

OPENonline to Host HRCI-Approved Webinar, “Gavel to Gavel: Maintaining Compliance with Hiring” as part of their Continued Compliance Education Series

OPENonline, a leading provider of employment background screening services that is accredited by the NAPBS® Background Screening Credentialing Council, will host an HRCI-approved webinar for HR professionals about recent suits shaking up the background screening industry and what employers can do to stay out of court. The complimentary webinar, “Gavel to Gavel: Maintaining Compliance with Hiring,” will also review compliance requirements for employers and provide insight into the specific steps and documentation under the microscope.

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November 12, 2014

FTC Issues Guide on Background Checks

The Federal Trade Commission (FTC) recently released a guide - Background Checks: Tips for Job Applicants and Employees - that provides answers for questions people may have about background checks. It further expands upon the information provided in an earlier brochure the FTC released in March 2014 - Background Checks: What Job Applicants and Employees Should Know. The power of background check rulemaking has been slowly shifting from the FTC to The Federal Credit Reporting Agency (FCRA). However, the FTC continues to show interest in the policies and authority of background checks.

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November 10, 2014

Nursing home background checks to be scrutinized by OIG in 2015

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) Work Plan for fiscal year (FY) 2015 summarizes new and ongoing reviews and activities that OIG plans to pursue with respect to HHS programs and operations, such as home health, hospice and durable medical equipment (DME), during the current fiscal year and beyond. The OIG also anticipates releasing a report on how well state background check programs are working. The government issued grants to some states to support background checks of prospective direct care employees at nursing facilities. According to the work plan, nursing home practices will be the subject of five reports planned for publication in fiscal year 2015.

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November 5, 2014

Donation to Breast Cancer: Thank you to all who participated!

We want to say THANK YOU to all who participated in our social media campaign! Your effort has helped aid in the fight against breast cancer. We have made a donation to the Susan G. Komen fund on behalf of those that participated. Susan G. Komen addresses breast cancer on multiple fronts such as research, community health, global outreach and public policy initiatives in order to make the biggest impact against this disease.

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November 5, 2014

Montgomery, Maryland Bans the Box

Private and public employers in Montgomery County, MD will soon be prohibited from asking applicants about their criminal history on initial job applications. A conditional offer of employment will be required before a background check can be conducted due to the new legislation, Bill 36-14.The state of Maryland already has legislation in place banning all public employers from asking about criminal history on first round applications (more can be read about Maryland Ban the Box here). The county has extended the ban the box law to cover private employers.

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November 5, 2014

On Monday, six advocacy groups backing the U.S. Equal Employment Opportunity Commission (EEOC) in the Mach Mining v. EEOC case filed an amicus brief with the U.S. Supreme Court, saying courts should not be allowed to second-guess the agency's required efforts to conciliate bias claims before suing employers. Authored by the Civil Rights Clinic of the Dickinson School of Law and The Impact Fund, the amicus brief filed Monday represents the collective views of multiple public interest organizations, including the National Employment Lawyers Association, The Impact Fund, the American Association of Retired Person, the Asian Americans Advancing Justice-Asian Law Caucus, Disability Rights California, and Public Counsel.

Employers feel more like Nik Wallenda these days as they balance the risk of negligent hiring and due diligence with complying with EEOC regulations...and the drama continues in Mach Mining v. EEOC, No. 13-1019…On Monday, six advocacy groups backing the EEOC in the Mach Mining v. EEOC case filed an amicus brief with the U.S. Supreme Court, saying courts should not be allowed to second-guess the agency's required efforts to conciliate bias claims before suing employers.

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November 4, 2014

St. Petersburg, Florida Bans the Box

The city of St. Petersburg, Florida has become the most recent city to join the growing ‘Ban the Box’ movement where questions about criminal history are removed from initial job applications.

The question, “Have you ever been convicted of a crime?,” will now be removed from initial job applications starting January 1, 2015.

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