Employment Background Check — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Employment Background Check

Our field-tested solutions are designed to assist you with employee background checks, background check guidelines and pre-employment screening.

You’ll also gain a full understanding of the Fair Credit Reporting Act, to guarantee you’re in compliance with every facet of employment background checks

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With the sending of résumés as easy as a click of a button, job seekers today are pulling out all the stops to make themselves stand out. Sometimes that includes embellishing their résumés.

Employment applications may seem innocuous, but they contain a number of minefields of which employers should be aware. In general, avoid asking applicants questions that elicit information that cannot be considered when making a hiring decision.

When it comes to selecting the best candidates, going deeper than just face value should be routine.
A.B. 1008, a bill currently before the California legislature, would bar employers from asking about an applicant’s criminal history before making a conditional job offer.
The legal showdown between the state of Texas and the EEOC over the commission’s background check guidance took another turn with an order withdrawing the previous June opinion and remanding the case to U.S. District Court for the Northern District of Texas.
Q. Our 40-employee company advertises for jobs internationally but we aren’t able to offer sponsorship to any candidate who is not legally able to work in the United States. I realize we can’t put “Prefer U.S. citizen” on a job ad, but can we alert candidates to our requirement?
Walmart has signed the White House’s Fair Chance Business Pledge, bringing to 185 the number of employers joining an Obama administration campaign to help job candidates with criminal histories find their way back into the workforce.

Many Americans have criminal records. The EEOC and local government agencies want to help former convicts start over. The movement to “ban the box” on job applications—the box those with criminal histories are supposed to check—is part of that trend. So is the EEOC’s position that barring applicants with criminal records from employment may amount to discrimination based on race or ethnicity. Employers that refuse to consider any applicant who has a criminal record risk litigation.

A total of 23 states have adopted policies making it illegal to ask about criminal histories on employment applications.
The law, which took effect April 3, prohibits covered employers from asking about a potential employee’s criminal background before making an employment offer.
The current version of Form I-9, Employment Eligibility Verification, expires March 31 at midnight. Until further notice, though, employers should keep using it despite the problematic date printed at the top of its first page.
Many of the I-9 forms in your files are just screaming for attention.

Employers have been caught lately taking advantage of the United States’ H-2 visa guest worker program, violating the rules in ways that deprive qualified American workers of employment opportunities. Don’t risk becoming one of those employers or you may end up in the crosshairs of the Department of Labor or the EEOC.

With the current version of the Form I-9 set to expire on March 31, 2016, the U.S. Citizenship and Immigration Services earlier this month announced it is seeking public comment on a newly revised “smart” version of the I-9 form. The goal: Reducing errors and preventing confusion.
Q. We terminated an employee’s employment because of a recent conviction. A state agency has asked for details about the reason for the termination. Under the Fair Credit Reporting Act, what can we share with the agency regarding details on background checks?
Q. We have a workforce that largely works remotely, some hundreds of miles from our corporate office. For a variety of reasons, we will be reclassifying a number of these individuals from independent contractor status to employees. Given that we will need I-9s for the employees, do we need to personally see the required identification documents, or can the employees send us facsimiles/scans, etc.? If we need to see the forms personally, what is the best way to do that?
On Nov. 2, President Obama unveiled a new executive order that will prevent federal agencies from asking job candidates about their criminal backgrounds until later in the hiring process.
If it stands, a recent federal court decision could provide some clarity for Minnesota employers.
A California-based production company, Hartmann Studios, has been slapped with the largest fine ever for Form I-9 paperwork violations.

HR and hiring managers have so many decisions to make when it comes to I-9 and E-Verify compliance. One of the most frequently asked policy decisions is actually quite mundane on its surface, yet the answer can be tricky.

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