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Regulatory & Legal Alerts – Apr. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Missouri

Kansas City Council votes to ‘ban the box’ for ex-offenders seeking jobs, Read More.

Pennslyvania 

York City Council aims to ‘Ban the Box’ permanently, Read More.

Washington

Washington State’s New Ban-the-Box Law Completes the West Coast Trend, Read More.

Federal Legislation

Judge Rules EEOC Background Check Guidance Is Unenforceable, Read More.

Background Checks

Can a hair test for drug use have a racial bias? Boston court case will be closely watched, Read More.

Ontario, Canada Introduces New Legislation Banning Compensation Questions, Read More.

Big Brands

Boy Scouts to expand background checks to all adults chaperoning 3-day events, Read More.

Drug Testing

The Coming Decline of the Employment Drug Test, Read More.

Drug Testing an Employee Who Reports a Work-Related Accident? Special Rules Apply, Read More.

Another field drug test mistake sends woman to jail — for months, Read More.

Mines maintain strict marijuana policies, Read More.

DOT sends a reminder about drug testing changes, Read More.

Fingerprint Test Could Revolutionize Drug Testing, Read More.

NYPD sergeant testifies she doesn’t do drugs as she claims she failed random test because of hair weave, Read More.

Maine just became the first state to protect cannabis use outside work, Read More.

More than 4 million people left the workforce because of opioid addiction, according to study, Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Regulatory & Legal Alerts – Mar. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Alabama

Alabama House passes bill on church daycare regulations, Read More.

Alabama Legislature poised to pass state ride-share bill, Read More.

Georgia

Georgia bill would require tougher long-term care worker background checks, Read More.

Idaho

Lawmaker wants Idaho to ‘ban the box’ to help ex-offenders get jobs, Read More.

Missouri

KC Council votes to ‘ban the box’ for ex-offenders seeking jobs, Read More.

Virginia

Virginia Senate Passes Ban-the-Box Bill for Employment, Read More.

Local child care centers adapting to laws for background checks, Read More.

Washington

Washington House votes to ‘Ban the Box’ Read More.

Fair Chance Housing Law Offers Renewed Hope to the Formerly Incarcerated,  Read More.

Federal Legislation

Judge says EEOC can’t enforce background check regs against Texas, Read More.

Background Checks

How the Fair Credit Reporting Act Protects You, Read More.

Should I Tell Prospective Employers About My Recent Legal Problems? Read More.

How To Do A Background Check On Your Financial Pro, Read More.

Nuclear Plant Loses Access to Background Check Database, Read More.

Know Before You Hire: 2018 Employment Screening Trends, Read More.

Improved Employment Screening Will Make Candidates Happier in 2018, Read More.

Agency Conducting Government Background Checks Has Backlog Of 700,000, Read More.

Candace Moody: Trends in background screening, Read More.

Background Check Co. Settles Claims Over Faulty Report, Read More.

How to choose a Background Check Firm, Part 1. Read More.

Three Questions You Can Never Ask Prospective Employees, Read More.

Big Brands

Amazon Fights Cert. Bid In Background Check Suit, Read More.

‘A trust has been broken’ — YMCA implements daily sex offender registry checks, Read More. 

AG Healey announces settlement with Care.com over background checks, Read More.

Drug Testing

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers, Read More.

Pot and the California employer post-Prop. 64, Read More.

DOT expands list for transport worker drug tests, Read More.

More Efficient Method Devised to Drug Test Athletes, Read More.

Hair, Saliva or Urine—Which Is Best for Drug-Testing Job Candidates? Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Peopletrail Appoints Todd Williams As Chief Revenue Officer

SALT LAKE CITY (February 23, 2018) — Peopletrail, a leading background and consumer reporting agency, announced today that it has appointed Todd N. Williams as the company’s new Chief Revenue Officer.  Williams joins Peopletrail to work on new assignments including M&A, Revenue Growth, and Sales Marketing efforts.

With the addition of Williams, Peopletrail plans to identify new opportunities, new partnership arrangements, and create an environment of technical expertise. Wallace T. Davis, President and CEO of Peopletrail believes this growth at Peopletrail continues a commitment to providing technology and accurate analytical expert solutions that will better enable all aspects of the hiring process.

“We are excited to welcome Todd to Peopletrail.  Over the past several years, we have experienced high growth and feel like it’s now time to escalate our potential and hire an experienced leader in fast-track growth,” said Davis.  “We know that with the partnerships of our existing clients and our future abilities to disrupt the market, we can be a valuable source of analytics for our clients.”

Peopletrail adds William’s expertise in working with enterprise and Fortune 500 organizations to help advance hiring solutions.  Prior to joining Peopletrail, Williams served as Worldwide EVP at InMoment, a cloud-based customer experience (CX) intelligence platform, and as VP Worldwide Customer Success at InContact.  His sales experience includes IBM, as Director, Sales & Client Services where he led a ~$320 million hardware sales team.  In addition, his experience includes time at Adobe/Omniture where he was responsible for more than $175 million in reoccurring revenue.

William’s extensive expertise in building global, leading, high-growth SaaS organizations will expand Peopletrail’s offerings and services.

“I couldn’t be more excited to join the leadership team at Peopletrail and help guide the revenue growth potential in a strategic way,” said Williams.  “Over the past few decades, I’ve led software and hardware teams in Sales, Service, and Operations and look forward to the unprecedented growth that we can experience together.”

About Peopletrail

Peopletrail® is a leading provider of custom employment screening, criminal background checks, tenant screening, drug screening, ATS integration and corporate security solutions.

Oracle Gold Partner. NAPBS accredited. Only Peopletrail® combines superior customer service through dedicated account managers with efficient, state-of-the-art technology integration to deliver on-demand, accurate and timely consumer reporting results.

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Peopletrail Named the Preferred Screening Provider of The NAIA

Intercollegiate athletic organizations can now use Peopletrail, a leading provider of background screening services, at a discounted member rate to determine the eligibility of their staffs.

Peopletrail announced today that it has become the preferred screening services provider of The National Association of Intercollegiate Athletics (NAIA), the governing body of small, intercollegiate athletics programs.

This partnership between Peopletrail and The NAIA will help expand the use of background checks at NAIA member institutions. Peopletrail will also extend special pricing to screen sports officials and other NAIA staff.

“Peopletrail is a leader in the athletics industry and will be instrumental in providing the tools our institutions need for unbiased and customized screening programs,” said Jim Carr, president and CEO of NAIA.

Wallace T. Davis, President and CEO of Peopletrail, is confident that this partnership will deliver an easy and precise safety solution for many athletic organizations across the country.

“We are excited to address a key issue of safety in sports, and that’s the character of the coaches themselves,” said Davis. “Knowing who is ready to work with the athletes is absolutely essential so we can put safety first in sports.”

To learn more visit https://www.peopletrail.com/naia

About NAIA

The National Association of Intercollegiate Athletics (NAIA), headquartered in Kansas City, Missouri, is the governing body for athletics programs at colleges and universities throughout the United States and Canada. NAIA’s long-held mission is to promote the education and development of well-rounded students and productive citizens through intercollegiate athletics. The Association offers equitable access and opportunities for participation in its 25 national championship events held annually throughout the country.

About Peopletrail

Peopletrail® is a leading provider of custom employment screening, criminal background checks, tenant screening, drug screening, ATS integration and corporate security solutions. Oracle Gold Partner. NAPBS accredited. Only Peopletrail® combines superior customer service through dedicated account managers with efficient, state-of-the-art technology integration to deliver on-demand, accurate and timely consumer reporting results.

Read the original press release here: http://www.prweb.com/releases/2018/02/prweb15236541.htm

 

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Regulatory & Legal Alerts – Feb. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

New Jersey

Christie signs criminal record expungement bills, calling them ‘life-saving’ measures. Read More.

Nevada

New laws take effect in Nevada in 2018. Read More.

California

Immigration-Related Law Takes Effect in California Affecting All Employers, Read More.

Now That Pot Is Legal In California, Can I Still Be Drug Tested For A Job? Read More.

Washington

WA Legislators Could Help Level Playing Field for Ex-Inmates, Read More.

Missouri

‘Ban the box’: Proposed Kansas City ordinance would prevent employers, landlords from asking about felony charges, Read More.

Virgina

Virginia Senate Passes Ban-the-Box Bill for Employment, Read More.

Pennsylvania 

Officials formally act to ‘ban the box’ Read More.

Federal Legislation

The Spokeo Chronicles: FCRA Criminal Background Pre-Adverse Action Claim Dismissed for Lack of Standing, Read More.

House Close to Passing Bill Establishing National Background Checks For Volunteers, Read More.

Background Checks

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks, Read More.

Ringing in 2018 with New Ban-The-Box Laws, Read More.

Have You Checked the Background of Your New Hire Yet? Read More.

Laws Governing Background Checks for Employers, Read More.

A Research On Employee Background Verification Trends for Startups, Read More.

Imperva Seeks To Nix Worker Background Check Class Action, Read More.

Government auditor says background check review process is at ‘high risk’ Read More.

Big Brands

Rental car company to settle background check suit for $2.7 million. Read More.

UPS Fires 32-Year Black Employee After Failed Drug Test Despite His Medical-Marijuana Card, Read More.

FedEx wins in bias suit filed by former employee, Read More.

Lyft Fined After Hiring Driver With Felony Convictions, Read More.

National Limousine Association Refutes Uber and Lyft’s Claims Concerning Background Checks, Read More.

Drug Testing

Employment – Drug testing – Age discrimination, January 11, 2018, Read More. 

Employee’s Refusal to Take Drug Test Dooms Discrimination Claim, Read More.

Navigating drug testing requirements as state laws increasingly conflict with federal regs, Read More.

Opioid Testing by Employers Is Becoming More Common, Read More.

Oklahoma businesses face harsh consequences from SQ 788, Read More.

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Why You Should Care About Accreditation

Less than 2% of the thousands of consumer reporting agencies you could partner with are accredited. That means that 98% of background check companies are under no obligation to provide you with information that is accurate. These companies don’t have certifications that protect your company’s interests or your employee’s rights—Leaving you liable.

Each year, U.S. employers request millions of background checks. And each year, improper background check practices result in thousands of FCRA lawsuits and millions owed by employers.

Accreditation is an important seal of approval to look for because it offers unbiased validation that we are actually doing what we promise. The best way to ensure an accurate and efficient onboarding process is to work with an accredited screening company.

What is NAPBS Accreditation?

NAPBS Accreditation means consumer protection, a commitment to best practices, and compliance with state and federal laws.

This seal of approval comes from The National Association of Professional Background Screeners (NAPBS). Governed by a strict and thorough set of professional standards and requirements, this program is the widely recognized seal of approval. Having NAPBS accreditation recognizes an employment screening organization’s commitment to achieving excellence through high standards.

To qualify, consumer reporting agencies must pass rigorous onsite audits of their policies and procedures. The accreditation process is a demanding and labor-intensive exercise in patience, perseverance, organizational efficiency, and attention to detail—that is why many background screening companies don’t bother.

If you have compliant practices, then an NAPBS accredited company is for you.

Why is Accreditation Important?

A screening company’s NAPBS accreditation shows more than just organizational integrity. It shows the ongoing commitment to protect the interests of your company and the rights of your employee.

NAPBS Accredited background screeners have proven expertise, a positive compliance history, and systems in place to align with current State and Federal regulations. The background screening company must show a documented understanding of, and compliance with, all federal and state laws that pertain to hiring decisions.

Imagine what could happen if you partnered with a non-accredited screening company to perform a background check on one of your employees. That screening company might give you information connect to a different individual with the same name. This bad information could lead to the loss of a great hire or could even leave your business liable.

How Does It Benefit Your Business?

Employers need to know that while there are many ways to perform a background check, some of these ways are a waste of time and resources—so some companies could take advantage of you.

A quick Internet search for “background check” will produce many companies. Be wary of claims to provide a “free” or “immediate” background check on anyone in the country. Sometimes companies perform searches with limited or incomplete records, using sources that are available to the public. The information that you get from these companies may not be very reliable.

Not all background checks are the same. Working with an NAPBS accredited firm translates into higher quality background checks, better customer service, stronger client education, and less risk for your hiring decisions, as well as supporting your commitment to minimizing risk in the workplace.

How Do You Know If a Company Is Accredited?

Be sure to ask your employment screening partner about their accreditation status. You can also look for the seal on their website.

 

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How You Can Build a Safer Youth Sports Program

Youth sports are a great way to develop life skills and build character.  A positive athletic experience can change the lives of children both on and off the field. However, an unprepared sports program can make a potentially unsafe situation worse.

The vulnerability of the participants in youth sports programs makes securing a safe environment a priority.

Are we doing all we can to improve the quality of athletic competition while keeping athletes safe? No matter your position or role, it is always appropriate to ensure that your sports league fosters a safe environment.

Here are some things to check for in an organization.

An Emergency Plan

A crisis can strike any place at any time. The first step to building a safer sports program is securing a plan for all potentially dangerous possibilities. Make sure that the sports organization has a written emergency plan in place.

The emergency plan explains what to do in unsafe conditions, outlines the responsibilities of staff, and details how and when to contact external support from emergency services. In addition, be sure to always point out how medical attention can be accessed in every situation.

This plan will likely cover a variety of topics and should be tailored to fit your organization’s individual needs.

Trained Coaches

Remember that coaches are responsible for more than just mentoring. In youth sports programs, coaches are often the first responders to a crisis. As such, they must be trained to react to an emergency.

While it is imperative for coaches and other volunteers to understand the rules, coaches must be able to show they possess good judgment when it comes to coaching decisions. A coach that is more concerned about statistics than the personal development of a player might not keep a player from injuring themselves.

Make sure that the coaches and any other adult interacting with players put the well-being and development of the players and the team first.

Sportsmanship

Coaches, teachers, and parents serve as role models when it comes to cultivating sportsmanlike behaviors in youth players. When players do not have a respect for the rules and the outcome, problems with bullying can lead to harmful conditions.

Sportsmanship issues are a clear indicator of potential problems. A recent survey of sports officiators from the National Association of Sports Officials sponsored by Peopletrail, revealed that sportsmanship is worst at youth levels. In fact, 54 percent of respondents reported that they have felt unsafe while officiating. Most of these respondents reported that the threats came from coaches and parents.

Coaches and other teachers bear the responsibility for improving sportsmanship. Resolve to take a stand against bad sportsmanship by being an example yourself.

A Screening Policy

News stories continue to capture the spotlight of sports officials with alarming criminal records. Yet, many of these sports officials still interact with young athletics because a background check was never conducted before they were placed in the position.

Confirm that the sports organization has a written screening policy. A written policy ensures that background checks are performed on all adults involved. Background checks are crucial to nurturing a valuable environment for children in sports. These vulnerable participants justify the protection and the peace of mind that a simple background check provides.

Sometimes, sports administrators may be reluctant to have a written policy as it makes them responsible to screen every adult who will interact with the players—a seemingly overwhelming task. Desperation for “warm bodies” can be a real problem for some youth sports programs, but it’s a problem you can be overcome with a good screening policy.

A good screening policy should include partnering with a professional, accredited background screening company—also known as Consumer Reporting Agencies (CRAs). Accredited companies efficiently use resources to get you the most accurate information in the shortest amount of time.

No matter the circumstance, always put safety first in sports by choosing an effective screening partner.

 

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Regulatory & Legal Alerts – Jan. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. This helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California

Check those Pre-Adverse Action Letters—New California Law goes into effect on Jan. 1, 2018. Read More.

Recreational Marijuana in California and paid family leave among 2018’s new laws. Read More.

New California law bans criminal-record box on job applications. Read More.

Illinois

A new bill banning employment salary inquiries likely in Illinois, despite veto loss. Read More.

New Jersey 

New Jersey Upgrades Ban-the-Box Law to Cover Inquiries Into Expunged Criminal Record. Read More. 

New York

New York Court of Appeals Establishes Standard for Punitive Damages Under NYCHRL. Read More.

Federal Legislation

Supreme Court Skips on Spokeo Review. Read More. 

Background Checks

Background Checks – All that You Need to Know on its Importance. Read More.

Department of Justice reviews gun screening system. Read More.

2 police officers charged with abusing background checks. Read More.

TSA PreCheck program to speed security lines needs more workers doing background checks, report says. Read More. 

Compliance Challenge of the Year: State and local laws. Read More.

Thousands of state workers face criminal background checks, and some could lose their job. Read More.

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks. Read More.

Why Companies Should Employ Continuous Background Screenings. Read More.

Lawsuits

Rental car company to settle background check suit for $2.7 million. Read More.

Drug Testing

DOT to Require Testing for Synthetic Opioids Beginning Jan. 1. Read More. 

Study finds that secondhand marijuana smoke could lead to drug test failure. Read More.

Heroin in the workplace: When new hires keep failing the drug test. Read More.

Health ministry to investigate after provincial lab drug testing error. Read More.

Scientists develop first-ever breathalyzer test for drugs. Read More.

PHMSA Raises Random Drug Testing Rate to 50% for 2018. Read More.

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results. Read More.

 

 

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Regulatory & Legal Alerts – Dec. 2017

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. This helps you remain compliant with the FCRA, EEOC, and other regulatory standards or agencies.  The following includes recaps of the most significant updates impacting the screening industry in recent weeks.

State

California

Effective January 1, 2018, California will become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees. Read More.

Washington

In Spokane County, Washington, job applicants will no longer be asked to disclose criminal convictions from the past 10 years. In addition, the county will not conduct background checks until after determining a candidates qualifications. This new policy does not apply to departments that deal with public safety and it also does not apply to private-sector jobs. Read More.

New York

Effective Oct. 7, 2017, a law in New York State makes it possible for individuals convicted of certain criminal offenses to have up to two convictions sealed. Under certain circumstances, the New York Criminal Procedure Law allows an individual to file a motion to seal no more than two criminal convictions, one of which may be a felony. Read More.

Arizona

The Arizona Governor signed an executive order instructing all state agencies to adopt new hiring practices that don’t discriminate against people who have been arrested or been in prison. Read More.

Federal

Bus Driver Fired for Refusing ‘Mark of the Devil’ in Background Check Can Sue Employer, 10/31/2017

FCRA Suits Increase 60% from August to September 

According to a litigation statistics report issued by WebRecon LLC, consumer lawsuits alleging a violation of the Fair Credit Reporting Act increased by nearly 60% in September from the prior month. Read More.

 

Richard Cordray is stepping down as head of Consumer Financial Protection Bureau, 11/15/2017

Feds Clarify: Medical Marijuana Isn’t An Excuse In Drug Testing, 11/10/2017

Simple Compliance with a Complex Law, 11/14/2017

Lawsuits

Avis Settles FCRA Background Check Lawsuit for $2.7 Million

In Angela Fuller v. Avis Budget Car Rental LLC, the car rental company Avis will resolve its $2.7 million class action settlement to resolve Fair Credit Reporting Act claims related to its background screening practices. Read More

Uber Hit With $8.9 Million Colorado Fine Over Background Check Oversight

The Colorado Public Utilities Commission said an investigation found multiple violations of state laws for ride-hailing drivers. It found 12 Uber drivers with felony convictions, 17 drivers with major moving-vehicle violations, and three with restricted licenses due to drunk-driving convictions. Colorado will fine Uber $2,500 a day for each day an unqualified driver was working. Read More.

FINRA Slams J.P. Morgan Securities Over Background Check Failures

The Financial Industry Regulatory Authority fined J.P. Morgan Securities $1.25 million for failing to conduct “timely or adequate background checks” on approximately 8,600, or 95%, of its non-registered associated persons. This prevented the brokerage firm from determining whether those persons could have been deemed unsuitable to work at the firm. Read More.

Drug Testing

DOT Changing Drug Testing to Address Opioid Abuse Epidemic

The Department of Transportation plans to add four prescription opioids—hydrocodone, hydromorphone, oxymorphone, and oxycodone—to the existing DOT drug-testing panel for screening truck drivers and other “safety-sensitive” transportation workers. The change is part of a final rule to take effect on Jan. 1, 2018. Read More.

Employers Should Consider a Prescription Drug Use Policy to Avoid Lawsuits, 11/27/2017

Mercy to pay $1.5M for overbilling for drug screening tests, 11/1/2017

Background Checks

No, You Really Cannot Ask That and Other Implications of New Laws Impacting Employers, 10/30/2017

Maryland boots nearly 15 percent of new ride-hail drivers for failing screening, 10/28/2017

Day care providers blast fingerprint requirement, 11/1/2017

Texas Gunman Should Not Have Passed Background Check To Buy Weapon Used In Church Slaughter, 11/6/2017

How to Comply with I-9 Requirements for Remote Workers, 11/8/2017

Candidates lie the most about job history in CVs, and BFSI has the highest strike rate, 11/15/2017

 

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Peopletrail Named A Top Employee Screening Service in HRO Today’s 2017 Baker’s Dozen

Peopletrail, a leading provider of background checks and screening service, has been recognized by HRO Today for the 3rd consecutive year.

HRO Today Magazine, a leading publication for human resource professionals, annually chooses the top 13 national screening providers. These top background check and screening firms are recognized for excellence in the quality and overall customer service they provide to their customers.

Many organizations report that screening is an important role in the hiring process. Employment background checks help reduce bad hires, mitigate risk and maintain compliance. Since its inception, Peopletrail has maintained that providing the best service means implementing ways to deliver the “human touch.”

“We are honored and grateful to be included and to have our efforts recognized,” said Wallace T. Davis, President and CEO of Peopletrail. “This recognition shows Peopletrail’s dedication to provide a quality product through efficient processes and a commitment to customer service.”

The HRO Today Baker’s Dozen Customer Satisfaction surveys are the largest pre-employment background screening study in the Human Resource Trade Media. The ratings are based solely on feedback from buyers of the rated services and collected annually through an online survey. The results are analyzed to determine service breadth, deal sizes and quality.

About Peopletrail

Peopletrail® is a leading provider of custom employment screening, criminal background checks, tenant screening, drug screening, ATS integration, & corporate security solutions.

Oracle Gold Partner. NAPBS accredited. Only Peopletrail® combines superior customer service through dedicated account managers with efficient, state-of-the-art technology integration to deliver on-demand, accurate and timely consumer reporting results.

For more information, contact Peopletrail at 866.223.8822.

View the original release at http://www.prweb.com/releases/2017/12/prweb14983734.htm

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