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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.

July 3, 2015

According to The Official Website of the City of New York, Mayor Bill De Blasio signed into law The Fair Chance Acteffectively banning the box in New York City June 29, 2015 that was initially passes by the New York City council June 10, 2015. This new act will go into effect October 27, 2015, according to the National Association of Professional Background Screeners (NAPBS). 


What changes will be required of private employers in New York City? According to a NAPBSmember advisory, “[An] employer may ask about an applicant’s criminal history and conduct a criminal background check only after extending the conditional offer. If the employer then withdraws the offer, it must explain its decision to the applicant in writing and hold the position open for three (3) business days so that the applicant can respond.” 

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July 3, 2015

With an aging boomer population, new elderly healthcare laws, a shortage in the skilled workforce for the home healthcare industry and a “broken BCI background check system” we have a recipe for disaster! Many home health agencies’ decision makers used to feel secure in their background check process but is that still the case? In April of this year, Jon Hersh owner of Homewatch Caregivers stated "I'm very concerned. We're dealing with an extremely vulnerable population here, I fingerprint potential employees, swipe their driver's licenses, and check backgrounds to screen out criminals.  I start with the Ohio Attorney-General's website.” This was before the Ohio BCI problems were publically exposed by the Columbus Dispatch not long after. 

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June 26, 2015

The Journal Sentinel reported on June 16, 2015 that a former state employee of Madison, WI never had a background check even though she was in charge of millions of dollars for a state directed program. In fact, when the employee was hired in 2012, she was fulfilling terms of a deferred prosecution agreement for criminal damaging and disorderly conduct. The Employee went on to embezzle over $50,000 from a state program before she was caught, and was not alone in her actions. She altered checks to be cashed by her daughter and fiancé, who are being charged separately. 

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June 26, 2015

Over the weekend, several media reports came to fruition of people working with children suspected to be child predators. One being a Track Coach, and the other being a Summer Camp Manager. at Walden West. Although the summer camp’s Superintendent reported that background checks had been completed, they have concern that the background che

cks may not be enough, as one former employee of the Summer Camp Manager confirmed they were never contacted to verify his employment. If this crucial step was missed, what else slipped through the cracks? Was this step not taken as a cost cutting measure or was it their policy to not verify previous employment? 

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June 26, 2015

On June 12, 2015 a mall security guard shot and killed a 20 year old Children’s Museum employee, it was discovered that he had been working for four months with no guard card. A guard card is something issued by the Iowa Department of Public Safety that the state and employers use to certify that the guards have passed a background check. 

In the state of Iowa, security guards are not required to have any particular licensing. The same guards that patrol the schools, malls and corporations aren’t required

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June 25, 2015

As NBC Washington originally posted, the Office of Personnel Management’s (OPM) data has been compromised by hackers located in China. The particular data goes back 30 years for up to 32 million personnel files, including those of intelligence agents according to USA Today. Not only have current workers’ information been compromised, the information of past and potential Federal employees have also been compromised. 

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June 16, 2015

Many companies have been in the news lately for lawsuits alleging they violated the Federal Credit Reporting Act (FCRA) in regards to background checks.  The FCRA has strict rules the employers must follow when conducting consumer reports.
 
As reported in PR Newswire, the Hertz Corporation, Dollar Thrifty Automotive Group and their associated Consumer Reporting Agency (CRA) have been added to the class action list for allegedly failing to comply with Fair Credit Reporting Act. According to the plaintiff, Peter Lee of Richmond, California there are three FCRA violation allegations:

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June 16, 2015

June 10, 2015 the National Law Review published their best practices for employee background checks. Although background checks are becoming standard protocol, it’s important to ensure absolute diligence in a few key areas; read on for important questions to ask yourself about protecting your organization.

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June 16, 2015

On June 8, 2015 NewsWorks reported that on Monday Pennsylvania House of Representatives committee advanced a bill aimed at making background checks less burdensome to those working with kids at a volunteer capacity. This is especially interesting because not long ago, legislators passed an expansion of the background check law following the Jerry Sandusky child abuse scandal.  Specifically, Matthew Sandusky, spoke out about how his adoptive father found the ‘perfect victims’ by nonprofits while at an advocacy luncheon last month.

 

On June 8, 2015 NewsWorks reported that on Monday Pennsylvania House of Representatives committee advanced a bill aimed at making background checks less burdensome to those working with kids at a volunteer capacity. This is especially interesting because not long ago, legislators passed an expansion of the background check law following the Jerry Sandusky child abuse scandal.  Specifically, Matthew Sandusky, spoke out about how his adoptive father found the ‘perfect victims’ by nonprofits while at an advocacy luncheon last month.

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May 22, 2015

OPENonline will be closed on Monday, May 25, 2015 in observance of Memorial Day. We will resume regular business hours Tuesday, May 26, 2015 at 8 am. Customer access will not be affected by this closure, but please remember that most businesses, including courts and state offices, will also be closed for the holiday. As a result, there may delays in processing of criminal, court and other records. Please join us in thanking all of those who have served our country and we wish you and your family a safe and happy Memorial Day!

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