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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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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.

Q: “While conducting an annual self-audit of employee files and I-9 compliance, I have encountered some questionable documents that I believe to be fraudulent. If I contact an ICE agent to verify these documents, will this then trigger a company wide ICE audit?” – Santana, Texas

The practice of searching applicants’ social media accounts for background information is drawing increasing scrutiny. It’s legally risky. When deciding whether to check applicants’ social media content for background-check purposes, consider these questions.

Do you routinely conduct credit checks on job applicants? Are you located in New York City? Then here’s a heads-up: The New York City Council has overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process.
All 85,000 H-1B visas for 2016 are spoken for, snapped up in less than seven days in an application process that began April 1.
Has your workplace experienced an increase in theft? If so, you’re probably exploring loss-prevention measures. While you assess your options, make sure you don’t crack down on employees in ways that will land you in court.

As this case shows, running new background checks on your current staff is not, by itself, a discriminatory act. Just make sure you set clear standards on how you will react to the results.

A California appeals court has ordered a new trial for a worker who may have lost a lawsuit because the jury learned that he was an illegal immigrant.
EEOC efforts to crack down on employers’ use of credit and criminal checks suffered a serious setback on Feb. 20 when the 4th Circuit Court of Appeals upheld a lower court ruling that exonerated an employer of illegally running discriminatory background checks on job applicants.
Last year, three large employers learned that there are many wrong ways to perform employee background checks. Canon Solutions America, retailer Dollar General and the Publix supermarket chain all wrote big checks to former job applicants as a result of technical errors in their background investigation policies.
Starting Jan. 1, Minnesota em­­ployers’ job applications could no longer ask candidates about past criminal convictions. But some employers, including some of the state’s largest, have not completely adapted to the new legal landscape.
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