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Our Compliance Commitment to Clients

When it comes to keeping pace with the ever changing compliance landscape, you’d be amazed at just how many valuable resources we have in place to maintain our steadfast commitment to compliance and data accuracy. These valuable resources play a big role in helping keep your employment program compliant, in providing you with the highest quality background screening services available, and toward the ongoing protection and privacy of your data.

To achieve this level of service, our compliance framework includes processes designed to maximize reporting accuracy, limit disputes, and communicate updates to laws and regulations that govern the background screening process:

  1. Our Compliance Department consults with internal and external legal counsel for ongoing interpretation of law as well as regular analysis of federal and state requirements for consumer reporting.
  2. Our Compliance Department closely monitors regulation via legal blogs, case law, published opinion, and published information from our industry organization, the National Association of Professional Background Screeners (NAPBS).
  3. Our Quality Control Department audits 100% of report information before it is delivered to clients to maximize accuracy. And, we maintain comprehensive policies and procedures to help ensure that work is done accurately, efficiently, and with clients’ business rules and program compliance in mind.

By focusing on things that matter to you like regulatory compliance, quality management, and data security, A-Check Global has maintained an audited accuracy rate of >99.9%. But you don’t have to just take our word for how committed we are to compliance. We proudly maintain NAPBS accreditation and hold ISO 9001:2015 Certification.

We love keeping you in the know. If you’d like to receive our monthly compliance email, we invite you to subscribe by sending your name, company, and email address to marketing@acheckglobal.com. We’ll be happy to present you our next issue.

If you have any questions or would like to learn more about how A-Check Global is here for you please feel free to contact us at 877-345-2021 or email questions@acheckglobal.com.

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The “Ban the Box” Trend Continues

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Background Screening continues to evolve as more jurisdictions pass legislation limiting the use of criminal record history during the employment process. Here’s the latest:

COLORADO:

On May 28, 2019, the Colorado Governor signed a new law prohibiting employers from asking about criminal history on an initial employment application. This restriction will begin applying to employers (with 11 or more employees) on September 1, 2019, and then to ALL employers as of September 1, 2021. This grace period gives employers additional time to update policies and practices. READ MORE

NEW MEXICO:

On April 3, 2019, the New Mexico Governor signed two bills into law. The first is a Ban the Box law (in effect June 14, 2019) prohibiting private employers from inquiring about an applicant’s criminal history on an employment application. The second law (in effect January 1, 2020) will allow certain arrest/conviction records to petition the court for expungement. READ MORE

NEW HAMPSHIRE:

Additionally, the New Hampshire House just passed a bill that—if signed into law—would restrict employers from asking about criminal history on a job application, as well as prohibit a company from conducting a criminal background check before an interview. READ MORE

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Three Recruitment Strategies to Connect with Applicants

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Connecting with—and hiring—top talent seems to get more challenging every day. As you’re looking for your next great hire, keep these recruiting strategies in mind.

Strategy 1: Mobile Friendly is a Must

It’s been estimated that by 2025, 72% will use only their mobile phone for internet access—making it imperative to do all you can to reach out through mobile channels: a mobile-responsive career-page, text messaging services, or an app allowing candidates to seamlessly apply for open positions via smartphone.

Strategy 2: Rebounds are for Basketball AND Former Employees

Rehiring former employees is now much more acceptable than it was in the past (perhaps an effect of the gig economy). Former employees can offer solid value from the offset since they are more affordable to onboard and train than new employees. They’re also easier to reach and establish contact with than strangers who might respond to your job ads. Plus, if your employee left on good terms for another opportunity, their return could boost company morale and loyalty. Take a good look at those exit interviews to find former employees who would potentially welcome a new offer.

Strategy 3: Keep an Eye on College Grads

While hiring new college graduates isn’t exactly an innovation, it’s still a solid employment strategy. The sheer volume of the talent pool available makes campus recruitment a must-have component in your hiring arsenal. Live where grads live—social media. Establishing Twitter feeds, blogs, Facebook and LinkedIn pages with current job openings and clear, concise job descriptions should be a core part of any good employment recruiting program. Promote job openings on Facebook. Send Twitter feeds to highlight entry–level jobs. These are sure-fire ways to promote your organization to a large pool of recent college graduates.

The Importance of Maintaining a Compliant Pre-Employment Program

Consider this post as just a quick reminder that the compliance of your background screening program continues to be a target-rich environment for class action legal challenges from the Plaintiffs Bar. Without a careful focus on compliance, you may be subject to legal action from an applicant. ESPECIALLY when it comes to the content/presentation of your authorization forms and the timeliness of your adverse notifications. Let’s work together to help minimize your risk of class action lawsuits like these:

Starbucks: Two pending class action lawsuits alleging flawed background reports led to Starbucks declining 8,000+ job applicants may settle in coming months. READ MORE

Delta: The airline settles FCRA Class Action for $2.3 Million over allegedly giving inadequate disclosure documents when consenting to background checks. READ MORE

Working closely with a background screening company committed to compliance—like A-Check Global—can help you keep abreast of these evolving laws. If you have questions about your employment program, we welcome your call.

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Marijuana and Drug Testing

The laws surrounding the use of marijuana vary greatly from state to state. Many states have come to accept the use of marijuana for medical reasons, and a few others have even legalized it for recreational use.

But because marijuana is still illegal under federal law, this widely differing legislation can cause problems for a job applicant or employee who tests positive on a drug test.

Federal and State Drug Testing Laws

Under federal law marijuana (cannabis) is classified as a Schedule I substance. Employers in industries that are heavily regulated by the federal government (FAA, FMCSA, FTA, FRA, PHMSA, etc.) are mandated to drug test all new hires and screen employees on a random basis. Non-federally regulated employers aren’t subject to federal laws, but may still have to comply with state and local government laws regulating drug testing.

So how long can marijuana remain in a person’s system?

Though the effects of THC—the main chemical in marijuana—wear off within a few hours of ingesting marijuana, traces of the chemical can remain in the body for weeks. There is no perfect formula for determining exactly how long marijuana stays in someone’s system prior to performing a urine, saliva or hair drug test. However, people who smoked or ingested marijuana in the last:

  • 24-72 hours can fail a saliva test
  • 30-45 days can fail a urine test
  • Up to 90 days can fail a hair follicle test

Factors that can affect how long marijuana stays in a person’s system:

Frequency of use: Someone who has been using marijuana for many years or who uses it daily is likely to have a build-up of THC in their system, meaning it will take longer to leave the body.

Concentration levels of THC: Marijuana can have varying levels TCH potency. If marijuana with a higher THC potency is used, metabolites will remain in the body for longer periods of time.

Methods of use: How marijuana is used can have a significant impact on the amount of time it is detectable. If marijuana is smoked, the THC levels in the drug user’s body will drop within a few hours or days of ceasing use. However, marijuana will still show up on a urine or blood drug test for up to 45 days or more after the last time it was smoked. But if it is ingested, it is metabolized more slowly and will remain detectable longer.

Rate of metabolism: Every person who smokes marijuana has a rate of metabolism that is completely different and this can dramatically alter the way the body breaks down THC. In turn, this can very easily change how many days marijuana will stay in the users system, and ultimately result in a failed drug test.

General Health and Body Weight: THC is stored in the body’s fatty tissue. Those with less fat in their body will clear their system of THC faster than those who have more fat.

Employers have the right to maintain drug and alcohol free work environments through the use of substance abuse screening programs. They just have to make sure they are doing so in compliance with all applicable local, state, and federal laws and regulations. The best practice is to have a comprehensive drug testing policy which clearly informs applicants and employees of all expectations.

For further reference, here’s a great infographic from Quest Diagnostics that quickly illustrates marijuana legislation by state.

We are here to help!

If you have questions about developing a drug-free policy, or about your current screening program, please don’t hesitate to reach out to us. Contact A-Check Global here to get started.