Here’s a short list of important compliance updates highlighting critical information about laws that a few different states have enacted recently. Keep up to date with any compliance changes by using Blueline Services for your background check and drug testing needs.

Background Check Updates

Maine: Bill LD1167 took effect on October 18, 2021. This bill prohibits employers from requesting criminal history records on an initial application or stating on applications that individuals with criminal history cannot apply. Employers may ask about one’s criminal history during an interview or once it is determined that the applicant is qualified for the position.

New York: Bill Int 1314-2018 also took effect on October 18, 2021. This bill extends and clarifies protections for individuals with pending criminal charges. It requires an assessment of the relationship between the charged conduct and the job, which is the same requirement when considering one’s conviction history.

Drug Testing Updates

New Jersey: The employment sections of New Jersey’s personal cannabis use act went into effect on August 21, 2021. This law says that marijuana use should be treated the same as alcohol use. This means that employers cannot discriminate against people based on marijuana use. However, employers can still drug test upon reasonable suspicion of impairment in the workplace.

New York: The Marijuana Regulation and Taxation Act (MRTA) amended New York Labor Law 201-D(4-a) to say that employers cannot discriminate against employees based on legal marijuana use outside of the workplace. Employers cannot test for marijuana use unless it is required by a state or federal law (DOT) or the employee is impaired at work under reasonable suspicion.

Stay up to date on these and other compliance updates with Blueline Services so you are aware of any changes that may affect your business. It’s critical that your business avoid compliance violations, and we at Blueline Services are here to help.

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There are specific issues you must address when dealing with background screenings. Here is a brief rundown:

• Approved Purpose: You may use a third-party company to run background checks for approved purposes like prescreening potential employees. When requesting a background check for employment considerations, you must follow the FCRA provisions and guidelines.
• Written Disclosure: Potential candidates must be given written disclosure advising of the background check. You must present this document separately to the candidate, and they have to give their signed consent before the screening can be ordered.
• Completed Results: After the screening comes back the potential employee must be shown the information to have the opportunity to challenge any wrong or missing information.
• Adverse Action: There are 2 steps you must take when the screening reports an adverse result that will be grounds to deny employment. First, you’ll need to provide them with a pre-adverse action notification and a copy of the report, along with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” After providing them these documents, you’ll need to wait at least five days, maybe longer depending on your local rules, to allow the candidate to offer a rebuttal on the report. The second step is to provide them with a written adverse employment decision notice.

Following these guidelines can be time-consuming and confusing for a business to handle. That’s why it is so important to find a good background screening company like Blueline Services. We are up-to-date on FCRA Employer Compliance Responsibilities.

The information provided above is for educational purposes only. It is not intended to be legal advice.

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We wanted to remind you that beginning in January your background check applicants will start receiving 613 Letters.

The basic premise of this is that we will notify applicants when any matter of public record is found on a background check that may affect their hiring or promotion. This new practice will have little to no impact on you as an employer.

This is deemed a “best practice” policy that will help you as a client stay on the right side of any employee/applicant challenge or complaint as it pertains to background checks.

One adjustment that will need to be made with this new policy is making sure a space is added to ask for email addresses from all applicants/employees for background checks beginning on January 1st 2020. This will allow Blueline Services to manage the reporting and compliance aspect of the 613 Letter.

A new authorization form with an added email address field is available in our system under the HELP tab. You should be able to download the new form there.

If you have any questions regarding this letter, please feel free to reach out to our backgrounds team at backgrounds@blueline-services.com.

Thank you,

The Blueline Services Team

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The only potential adjustment will be the need for an email address for all applicants/employees (on background checks requested after January 1st, 2020) which will allow Blueline Services to manage the reporting and compliance aspect of the 613 Letter. This notice will go to the applicant or employee at the same time the potentially adverse information is reported to you the employer.

Great Data + Speed + Compliance is the formula for awesome background screening, and we have you covered!

Respectfully,

Blueline Services

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So we thought we’d briefly touch on some of the great services and options we offer here at Blueline Services to make sure you’re aware of all the awesome things we offer.

We want to make sure you’re getting the best value for your business! If you have any questions about your account or any of the services listed below, please don’t hesitate to reach out to our amazing customer services representatives at 888-919-8378 or email us at backgrounds@blueline-services.com.

Background Screening & Drug Testing:

Blueline Services is a full service screening provider—meaning we provide both background screening and drug testing services.

Both background screening and drug testing add serious benefits and protections to employers, landlords, sports/volunteer organizations, and anyone who is looking for high quality team members to help advance their business. Please reach out if you’d like to understand how these services could best benefit your specific needs.

SOME SERVICE OPTIONS YOU MAY NOT BE USING:

Social Media Checks

Finding a quality candidate is not as easy as it used to be. Social media checks have been becoming increasingly common as employers attempt to do a better job at weeding out bad hires. These checks are designed to help confirm personal qualities about a potential applicant including: dependability, integrity, and character. Our screening professionals perform FCRA-certified and legally compliant social media checks. (No “friending” or overriding privacy settings)

Education Verifications

Our education verification services can help you confirm an applicant’s resume credentials. Total Reporting conducts education verifications worldwide! We only collect information directly from the requested institutions or their authorized agents and can verify degrees, diplomas, attendance, GPAs or certificates.

Employment Verifications

Similar to education verifications, many employers verify employees’ employment histories prior to hiring or promoting them. This helps ensure that an employee is trustworthy and has the requisite experience for a position. Employment verifications can confirm dates of employment, job position, and reason for leaving a previous employer.

Instant Driving Records

Driving records or motor vehicle reports (MVRs) detail a person’s history of driving violations, suspensions, and other related information. These records can be for 3 or 5 years, depending on the state.

Baseline National Search

Our Baseline National Search is dynamic, virtually instant, and powerful. This search is a standard for all of our screening packages because it is an extremely effective tool for discovering jurisdictions and other areas where criminal offenses may have occurred outside of an applicant’s indicated address history. It draws on national and international sources, including: the Department of Corrections, International Most Wanted, federal sex offender registries, terrorist watch lists and numerous others.

Credit Report

A credit report can pull a full credit history (credit score is only available for tenant searches). Our credit information reflects what is kept on file by TransUnion. The use of credit report information for employment purposes is restricted in some states. Contact us if you have questions regarding your specific state’s laws.

County Criminal Record Search

A county criminal records search finds criminal records within a specific county’s court records. This search can provide felony, misdemeanor, or infraction information. These searches are often recommended after a Baseline National Search has found potential records for an applicant within a specific county. County criminal records are searched by name and the results are then verified with other identifiers, such as date of birth, social security number, or driver’s license number. Reports usually include the jurisdiction searched, the individual’s personal identifiers as they appear in the case file, the file date, charges, disposition, disposition dates, and sentencing information.

Federal Criminal Records Search

Federal criminal record searches report information from federal district courts and only contain specific high-level white-collar crimes or crimes that cross state lines. This search only covers crimes that are prosecuted at a federal level, which include infractions such as tax evasion, bank robbery, kidnapping, and counterfeiting.

DRUG TESTING OPTIONS:

Random Drug Testing

We offer complete random program management tailored to your needs for both DOT and non-DOT clients including random selection and testing. Random drug testing is one of the most effective ways to encourage a safe work environment, prevent accidents, and deter employee drug-use.

POCT (Point of Care or Instant Testing):

We offer a variety of POCT or instant drug tests that can be performed right on-site. Results are delivered in minutes and there is no time lost going to a collection site.

Drug Testing Online – Use Our Electronic Chain of Custody (paperless!)

We offer completely paperless options for drug testing! You can use our electronic Chain of Custody for non-DOT tests.

For any questions regarding our different drug testing options or to add additional services to your account, you can contact our drug testing customer service representatives at 888-919-8378 or email them at mail@blueline-services.com.

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The car, while still in auto-pilot at the time of the accident, did have an operator sitting behind the wheel, 44-year-old Rafaela Vasquez.

Lots of speculation and bad press has rained down on Uber since the accident as it was discovered that Vasquez had served almost four years in prison in the early 2000s due to an attempted armed robbery conviction and unsworn falsification.

While the felony conviction does not have a direct correlation to the crash, it has brought Uber’s hiring policies to light and they are currently under active investigation.

Uber’s Legal Past

This isn’t the first time.

Uber has different regulations and laws across the globe and been involved in over 173 lawsuits since November 2015. Many of them due to safety disputes. Their screening provider Checkr has been sued over bad background checks recently as well which has not helped Uber’s situation.

Uber’s hiring policy boasts to help offer convicts a second chance. (Something we strongly support!) But the safety of users and adhering to regulations are also extremely important.

Just a few months ago, the ride-hailing company was under fire for a similar felony problem. The Colorado Public Utilities Commission fined them $8.9 million for hiring 57 drivers with previous felony convictions.

Uber was subject to the fine as Colorado state law prevents individuals with felony convictions, alcohol or drug-related riving offenses, unlawful sexual offenses and major traffic violations from working for ride-share companies.

The company blamed the problem on a error in its background check process, but acknowledged that some drivers had been approved that shouldn’t have been allowed on its service.

As a ride-sharing company, one of app’s users’ main concerns is feeling safe while participating in their services. And employment screening is a huge part of this security.

How Do I Keep Myself And/Or My Company Safe?

Many screening providers rely on automated procedures alone to handle their screening processes, leaving their clients exposed to a multitude of safety and legal risks.

To help avoid finding yourself or your company in a sticky situation like Uber is in currently, it’s so important to have a quality employee screening provider who will run more than just an automated background check.

We know it isn’t easy to keep up with so many different rules and regulations. They are ever-changing and differ from state to state. We understand Uber and Checkr’s frustrations; it isn’t easy work!!

More than seventy-nine percent of employers lose negligent hiring cases and employers are out $81 billion for drug abuse costs every year.

So what should your screening provider be doing?

Make sure that your screening provider (whoever they might be) is professionally reviewing your background checks and drug tests—meaning that your checks aren’t just running through the automated system. After running through the system, every result should be individually reviewed by a screening professional to double-check for accuracy and find any hidden errors.

Another way in which we ensure accuracy is by having a full-time compliance manger who is always checking and updating regulations on our end. Because these regulations are constantly changing, it’s crucial to have someone who is consistently checking for updates.

We’re passionate about quality employment screening because it not only saves you money, time and a serious headache—it also keeps you and everyone around you safe.

The post Uber Under Fire After Fatal Self-Driving Accident appeared first on Blueline.

Essentially, personal or professional reference verification, and employment verification that stray beyond the realm of facts and into personal character assessments and opinions are considered Investigative Consumer Reports. They can be independent background checks, or they could be a part of a regular consumer report.

In California all consumer reports are considered ICRs, and California law (the California Investigative Consumer Reporting Agencies Act ICRAA) must be followed in addition to federal law.

What are the compliance requirements for running an investigative consumer report?

An Investigative Consumer Report  requires a separate disclosure as to the nature and scope of the report as well as separate authorization. Technically, when an ICR is part of a regular consumer report, the disclosure with an explanation of the nature and scope of the investigative portion, must be obtained separately from the disclosure for the consumer report. There must also be a notice with the disclosure that a full and detailed disclosure of the nature and scope of the investigation can be obtained upon request.

Authorizations can be combined, but with the separate disclosure requirement it is easier to utilize a disclosure and authorization form for the consumer report and a separate one for the ICR. That way, if the ICR is obtained alone, you already have the required disclosure and authorization ready to go.

If obtaining potentially adverse information from interviews with neighbors, friends, or associates, the CRA performing the ICR must verify that the information provided has been verified, or that the person providing the information is the “best possible source of the information.” FCRA §606(d)(4)(B)

Additionally, §614 stipulates that any adverse information obtained through ICR personal interviews must be obtained within a 3 month period of the report being provided to the party requesting such background check, typically an employer.

Why would companies want to run these checks on potential employees?

Investigative Consumer Reports are commonly opinions of those with a personal relationship or a person who has immediate knowledge of the applicant. This information goes beyond a typical consumer report for a picture of your applicant in a more personal light that information obtained from a consumer report does not. For example, information obtained in a typical consumer report may include credit information, criminal history, factual past employment information, or driving records.

An ICR would ask about a person’s job performance, if it is a professional reference and the best source of the information, or how a person gets along with others in a work setting. This information cannot be gleaned from a consumer report, and if done correctly can give a potential employer more insight into an applicant’s character, work habits, and personal characteristics.

Are there risks associated with running an investigative consumer report?

There are risks involved in running any consumer report. As Investigative Consumer Reports require additional authorization and disclosure, compliance can be tricky when the employer doesn’t understand or want the hassle of following the additional requirements and simple mistakes can occur. Both negligent and willful violations of FCRA compliance can result in a substantial fine for each instance, if a lawsuit is brought against the employer or against the CRA providing the information to the employer.

How are the people chosen for the personal interviews?

Employment verification relies on information from records obtained, as often as possible, directly from the human resources department, payroll, or the owner/operator of the company. From there, if non-factual information is being requested (such as the opinion of the employer about the applicant) it is obtained from the owner/operator or a supervisor who would have direct knowledge of the applicant’s work experience.

Professional or personal references conducted by Blueline Services are conducted with the people provided by the applicant as references. Upon request some references are found by asking the provided reference if they know anybody who would be able to answer the same questions about the applicant (references from references).

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