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Trending Discussions in Employment Screening Webinar

Employers conducting employment background screening will need to keep compliance top of mind in 2017. Regulatory oversight, the growing number of class-action lawsuits, and the threat of data breaches all make it a good time to touch base on the trending topics impacting screening programs and practices. With this in mind, Peopletrail released a webinar entitled, Trending Discussions in Employment Screening.

Here are six topics we covered:

1.   The Most Important Background Checks an Employer Can Conduct

Many employers rely on simple criminal background checks when hiring. In many instances, employers ignore the most telling information by only conducting a criminal background check. A simple criminal check does not verify an employee’s most important information.

An estimated 45% of all resumes contain at least one major fabrication. Lies from an employee can potentially mean danger. Employers can’t find danger from an employee’s criminal past alone. In our webinar, we’ll discuss the range and depth of background checks.

2.   The Rise of Post-Hire Screening

Threats such as embezzlement, theft, fraud, and even active workplace violence can spring from employees at all levels. If an employee commits a crime, their employer might not know until it is too late—unless they perform a post-hire screen.

In our webinar, we’ll discuss how post-hire screening helps secure a workplace and reinforces screening policies.

3.   The Limitations of Screening Employees for Prescription Drugs

The fastest growing drug problem in the U.S comes from the abuse of prescription drugs. Prescription drugs often negatively impact workplace safety. Yet the law limits an employer’s ability to question an employee’s medication use. In many cases, the government protects users of prescription medications under the American’s with Disabilities Act and Health Privacy Laws.

Furthermore, the laws around prescription drugs may obscure the results of a simple drug test because the presence of a substance does not constitute an offense. Learn more how employers can still keep the workplace safe from prescription drug abuse in our webinar.

4.   Common Flaws in Employer Drug Testing Programs

Weak drug testing programs can fail to detect illegal drug abuse, and that puts your company at risk. Companies must check their drug screening policies and the programs they use. Not only will this keep your company compliant, it will also strengthen your drug screening process.

A strong drug screening process means that employers need to understand the regulations that could affect a drug screening program. Learn more about how to avoid the pitfalls of drug testing programs in the webinar.

5.   The Most Common 1-9 Compliance Mistakes

The rules of filling out an I-9 form are enough to warrant a how-to manual and training course. In addition to figuring out the details of 1-9, the responsibility lies with employers to collect and maintain correct information. Employers that fail to complete or maintain correct documentation also meet harsh financial penalties.

In our webinar, we’ll discuss how to simplify 1-9 compliance and learn to avoid common mistakes.

6.   The Risks of Using Social Media to Screen Candidates

Nearly one-third of employers have ruled out an applicant based on information they found on social media. Viewing public profiles can provide employers with a lot of relevant insight on candidates. However, this practice puts you at risk for workplace discrimination in certain cases. Some states have even banned employers from requesting access to applicant and employee social media.

When deciding how to use social media screening, the risks versus rewards may cause some confusion. The webinar provides more guidance on social media screening.

To view the webinar, click here

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Post-Hire Screening: Answers to A Safer Workplace

One out of every one-thousand employees are arrested each month, but only a quarter of their employers will know about it. Employers may try to skip post-hire screening, but the potential risks leave your workplace dangerously exposed.

Throughout 2016, the Endera Insider Risk Survey analyzed hundreds of businesses to learn how they use data to respond to internal threats. The most serious blind spot—the absence of monitoring an employee’s behavior after hire.

In fact, less than 25 percent of employers proactively screen employees after hiring. In many instances, employers only conduct post-hire screenings upon discovering a problem. By then it may already be too late.

When to Screen Post-Hire?

It is unlikely that employers will know the instant that an employee becomes a risk without proper attention. This awareness post-hire is especially important because post-hire is when an employee is able to do the most damage.

Many industries expect continuous, post-hire screening to become the new normal in the workforce.

Ultimately, deciding when to conduct post-hire screens depends on an individual business’s needs, resources, and industry regulations. However, most industries choose to screen annually or whenever considering an employee for promotion.

Why Screen Post-Hire?

In addition to ensuring workplace safety, post-hire checks can identify concerns that employers may have missed initially. Often, rescreening employees post-hire can help to uncover possible fabrications in a resume.

Retaining employees who become involved in criminal activity after hiring poses a threat to your company and staff. An employee’s criminal activity can also make a business liable for negligent retention. Even if your employee’s background checks are squeaky-clean, post-hire screening is still a best practice for workplace safety and productivity.

How to Screen Post-Hire?

Remember that employers must always obtain compliant post-hire consent in order to run post-hire checks. Individual business and industry requirements and regulations may direct the specifics of your post-hire screening plan. This means that your business needs to partner with a consumer reporting agency that understands your particular circumstances.

Make sure that the screening service you choose can be customized to ensure compliance and lower the potential risk in the workplace.




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2017 HR Planning Opportunities

With changes in employment screening legislation, the largest I-9 paperwork penalties ever recorded,  and ongoing enforcement of background screening rules by the FCRA, last year challenged many Human Resource teams. As such, we have put together a list of HR housekeeping items to help our clients stay ahead of a few compliance, regulatory, and resource management opportunities in 2017.

1. Review Budget & Implement Best Practices for Employment Screening


  • The beginning of the year is an ideal time to assess best practices in employment screening.  Given the increase in I-9 penalties, it is a perfect time to ensure I-9 compliance through Peopletrail’s integrated electronic I-9 service and direct access to the Department of Homeland Security, and Social Security Administration’s E-verify database.  If budgets permit, it is a good time to begin implementing more in-depth screening procedures, such as adding motor vehicle reports and/or drug and alcohol testing.  It is also a good time to explore the candidate experience and ensure company protocols support a positive onboarding experience.
  • As of Jan. 22, 2017, employers are required to use a new version of Form I9 to verify employment eligibility for new hires. The new form can be accessed on the U.S. Citizenship and Immigration Services (USCIS) website.

2. Run Annual Motor Vehicle Reports (MVR)


  • MVR’s are an ideal way to identify candidates or employees with unsafe driving records. In some states, convictions for driving under the influence of alcohol or drugs cannot be found on criminal court records and can only be revealed with an MVR review.
  • Companies regulated by the Department of Transportation (DOT) are required to request MVR reports annually on their drivers.


3. Plan DOT and Non-DOT Random Drug and Alcohol Testing for Compliance


  • Random drug and alcohol testing is beneficial for many reasons, including: meeting regulatory requirements, allowing employers to identify employees who are violating the company’s drug-free workplace policy, reducing liability, fostering a safer work environment, and providing a fair way to periodically re-test employees.
  • Companies regulated by the Department of Transportation (DOT) are required to maintain strict programs for drug and alcohol testing for their regulated drivers and safety-sensitive employees.


4. Healthcare Organizations – Run OIG List of Excluded Individuals


  • The OIG List of Excluded Individuals is intended to help healthcare providers comply with regulations relating to Federal health care programs. It supports reimbursement claims by health care providers by allowing organizations to ensure compliance with regulations and helps to reduce potential risks and liabilities from excluded parties.


5. Implement Ongoing Screening Programs


  • Some industries have regulations that encourage or mandate regular screening of existing employees. For example, verification of license renewals may be required in industries like health care, transportation, and financial services to ensure up-to-date licensure status has been maintained.
  • Post-employment background screening is a best practice for workplace safety and productivity. Staying informed of employee conduct throughout the life of the employment relationship enables organizations to mitigate risk and protect against negligent retention lawsuits.


6. Review Most-Read HR Articles from Last Year


  • SHRM recently published a few articles on the most-read articles from 2016. The past year was marked by increased competition to attract candidates. This coverage addresses the talent acquisition issues that resonated most with readers, including recruiting tactics, compensation, diversity management, and technology.  You can access these articles on their website:


Peopletrail has the expertise to help organizations perform ongoing employee monitoring, random drug and alcohol testing, and sanction checks. Please let us know if we can assist you in any of your resource planning initiatives in 2017.


Peopletrail provides Actionable insight you trust®. If you would like to learn more, please give us a call at 866-223-8822 or schedule a Complimentary Consultation today.

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Best Practices for Auditing Your Employment Screening Processes

Recent years have brought significant changes to the regulatory and legal environment of employment background screening. With EEOC and FCRA-related litigation on the rise, and a record-setting $4.4 million settlement in the transportation industry for failing to provide candidates with their rights involving records used during the hiring process, there’s never been a more apropos time for organizations to evaluate their employment screening practices.

Regular employment screening audits help to ensure alignment of employment screening practices with changes in employment law. These audits shore up gaps, identify opportunities for process improvement, help insulate organizations from costly litigation, and ultimately, make an organization’s workforce stronger and safer.

While not a comprehensive list, the following represents a few best practices to consider while auditing background screening processes.

1. Work with an Accredited Consumer Reporting Agency

Accreditation is an important seal of approval that organizations should look for when partnering with a background screening provider. Less than 2% of consumer reporting agencies achieve accreditation. The experienced elite earn accreditation through a rigid and important approval process. Accredited background check providers have proven expertise, a positive compliance history, and systems in place to align with the latest employment laws, making them a valuable asset to your organization.

2. Assess Attorney-Client Privilege Protection

Remember that any information gathered during an audit could potentially be used in future litigation. As such, counsel can help to clarify how an organization will be protected. At the onset of an audit, legal counsel should determine if any work-in-progress documentation or subsequent changes will be protected by the attorney-client privilege.

3. Involve Cross-Functional Stakeholders

While an organization’s employment screening program touches everyone in the organization as part of the hiring process, there are particular stakeholders who can provide valuable insights for an auditing exercise. Including representatives from human resources, legal, compliance, security, and operations will provide well-rounded perspective and ensure alignment with other corporate-wide initiatives.

4. Assign an In-House Expert

While auditing, it is beneficial to designate at least one employment screening expert. This expert will stay abreast of the complex issues surrounding background screening and employment law. In-house experts should work closely with the organization’s background screening partner and internal teams to ensure full compliance with federal, state, and local employment laws. In addition, these designated experts should provide regular updates of pending and recent changes that impact screening programs.

5. Include All Locations

Organizations with multiple locations have additional communication and audit needs to address. Representative stakeholders from each location should be part of the audit process. In addition, these location-based representatives should serve as ambassadors for implementing necessary updates at their respective locations. Some organizations will choose to centralize these efforts through corporate offices. Other businesses might allow field offices to make the final hiring determinations. In any case, the key to compliance comes from streamlining processes and establishing clear communication channels for disseminating important updates to everyone involved.

This is a short-list of the best practices organizations should consider when auditing their employment screening program. It will assist organizations in focusing their efforts and bringing together the right support team.

As part of the accredited elite, Peopletrail provides Actionable Insight You Trust. If you would like to review your background screening program for compliance, please give us a call at 866-223-8822 or schedule a complimentary consultation today.