New HUD Guidelines for 2018
If you rent properties, you need to know about laws and issues regarding legal aspects of leasing. For instance, new guidelines released by the US Department of Housing and Urban Development may affect the way you approach the tenant screening process.
The end of April, HUD released a bill aiming to raise rent for families who receive housing aid to reduce long wait times for federal assistance and to increase self-sufficiency. This rent reform bill will set new boundaries and limits on assistance.
The Making Affordable Housing Work Act (MAHWA) of 2018 intends to amend the Housing Act of 1937 to introduce rent reforms and standards. HUD Secretary Ben Carson said, “The current system isn’t working very well. Doing nothing is not an option.”
The MAHWA bill is similar to draft reforms first reported in February 2018. President Donald Trump signed an executive order in April which mandates work requirements for benefits in preparation for welfare reforms affecting housing, food, and healthcare.
MAHWA establishes new formulas for calculating rent; that is, families must pay 35 percent of their gross monthly income or 35 percent of the total an individual would earn working 15 hours minimum per week for four weeks—whichever amount is higher. The bill also creates a new minimum rent for those presently exempt from paying the 30 percent, which includes the elderly and disabled.
In summary, the new legislation enables public housing authorities and landlords who accept vouchers to put in place work requirements for people who receive aid. While the bill does not indicate minimum or maximum hours of work to be set, or the nature of the work involved, it does give Carson the power to set those terms. And Carson’s theme is to promote self-sufficiency and better financial stability.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
6 Reasons for Background Check Delays
Employment screening is a crucial part of the hiring process. While an employer may want the most rapid response possible, it is wise to mitigate risk by being thorough and accurate.
On average, an employment background check takes up to five business days depending upon the nature and scope of information requested. It can take longer, however, due to a variety of reasons.
Incomplete information. One of the top causes for delay, yet it is the most easily prevented. As an employer, ensure that all the information about a candidate – full name, address, etc., including correct spellings – is accurate before submitting it to a screening agency.
Identity check. Some records are nearly instant, but others take longer depending on the type of check conducted. A social security number trace may take less time than a passport or national identification card. Some identity screenings may also include a search of a global watch list.
Drug testing. Face it – drug screenings take time. The potential candidate must get to a lab, and then you have to wait or results. On-site facilities for collecting specimens helps, but there is still a wait period.
Holidays and backlogs. Courts can be backlogged or closed for a holiday. This increases time it takes for records to be processed. A delay can also occur when a court mandates research must be conducted specified personnel. Of course, the record must be confirmed as up to date and legally reportable.
Difficulty establishing verifications. Sometimes you may have trouble contacting a former employer or educational institution. Furthermore, their response may take a while. Other times, you may need to request additional information to substantiate previous documentation.
Nonresident information. If a candidate’s background contains information that must be requested outside of the United States, expect a slower process. Organizations and institutions located in other countries may operate differently and require additional time to verify a request.
Remember, if a background check signals a glitch, as a potential employer, you are legally obligated to notify the candidate. Once notified, the candidate has the opportunity to dispute the issue.
Consider contracting a screening agency to do your background checks. They still have to deal with the above issues, but they will be dealing with them – while you have more time to do what you do best.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
ASA Paper Speaks to Ban-the-Box Laws
On February 28, the American Staffing Association (ASA) published an updated paper on staffing firms’ ability to conduct and use criminal background checks. The use of these tools falls under the purview of the Fair Credit Reporting Act (FCRA), and guidelines are subject to various EEOC requirements and state and local ban-the-box laws.
Ban-the-box laws limit the conditions on when an employer may ask about a candidate’s criminal history. The updated paper from the ASA, “Background Checks: A Primer for Staffing Firms on Complying with Federal, State, and Local Laws,” is written by attorneys Pamela Devata, Esq., and Jennifer Mora, Esq., with law firm Seyfarth Shaw, LLP. The paper provides details in a chart of various jurisdictions’ ban-the-box laws, as well as the nuances of these laws that are relevant to staffing firms seeking to navigate this complex legal area. Members of ASA can access this relevant article on the ASA website.
For additional information, consider attending the 2018 ASA Staffing Law Conference, which takes place May 10-11 in Washington, DC. This year’s conference will feature a session dedicated to recruiting issues, including criminal background, medical marijuana, and salary inquiry laws by federal, state, and local governments. Visit staffinglawconference.net to learn more and register today.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
E-Verify and Employee Screening
E-Verify is a federal website of the Department of Homeland Security (DHS) which will allow businesses to determine the eligibility of employees to work in the U.S. It is a free online system maintained by the government.
E-Verify was first established in 1997 as a pilot program to prevent illegal immigrants and other people who have violated immigration laws from obtaining employment illegally in the United States. In 2007, the DHS required federal contractors to use the system. Moreover, some states have passed legislation requiring employers to use it. Facial image requirements were added in August 2007.
How does it work? After an employee is hired, both the employee and employer complete a Form I-9, which is entered into the E-Verify system where it’s compared against millions of government records.
When the I-9 information matches the E-Verify information, the person is eligible to work in the United States. If the information conflicts, an alert is sent to the employer, and a resolution must be made within eight (8) days for the employee to continue working.
By the end of 2016, more than 600,000 employers were using the E-Verify system.
With The Legal Workforce Act of 2017 (HR 3711), Congress proposes a mandate for every employer within the U.S. to use E-Verify, which would preempt state laws and penalize any employer who knowingly hires an illegal immigrant. The HR 3711 is being met with partisan differences and is still waiting for passage as of this date.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Ban the Box and Criminal Record Laws
Employers and HR Managers are on constant alert for changes to state and federal background check regulations to prevent discrimination in hiring practices and screening laws. This includes the evolving Ban the Box laws.
The phrase “Ban the Box” was coined by groups in a civil rights campaign on behalf of ex-offenders who frequently were unable to secure or were limited in the jobs for which they could apply or be hired.
The underlying concept was if an ex-offender could not find a job, a higher percentage of those people would tend toward recidivism. So, instituting more advantageous hiring policies would benefit society by fewer ex-offenders backsliding.
Advocates of the program agree to its necessity because of stricter laws governing drug crimes—which may have been the result of a wrong decision in an applicant’s youth.
Those who disagree argue it exposes their businesses and employees to higher risk and potential crime. Some propose it could also expose employers to more lawsuits from unsuccessful candidates. However, those who wished to quiet the campaign may have inadvertently enforced the Streisand Effect on it.
Either pro or con, there is an official guidance offered by the EEOC. The guidance provides details (in Section III, A.) regarding contextual framework for use of criminal record-screening.
Criminal Record
As with the Ban the Box trend, employers are expected to consider an applicant’s qualifications before learning about their criminal history. To date, more than 150 cities and counties and 30 states have adopted the fair chance practice.
States, too, have included their interpretations to the ban the box and criminal record checks, such as how long after the criminal history the employee is applying, and how grave was the offense. These amendments help the employer to assess individuals concerning the duties inherent to the job.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Answers to Three Important Questions about Background Checks
What can a firm expect when outsourcing candidate background checks? The following Q&A may help you decide what is right for your business.
Q.I have a small business and must carefully watch my bottom line. Why would I hire an agency rather than just use information at hand, like searching the Internet and Social Media, or speaking with references supplied by the candidate?
A. Internet and Social Media findings are just a place to start. Because it is difficult to know from what source the information originates, neither will provide the most complete picture of the candidate. Too, it is always best to hire a reputable screening agency, so you comply with federal and state ethical and legal standards.
Speaking to a candidate’s references can be an excellent way to confirm what the candidate expressed in an interview. The reference received, however, may be incomplete for several reasons. A former boss may not give a complete or honest answer about the candidate. You do not know the person providing the reference, and, the person may not have known the candidate. (Some candidates are clever and give their friend’s information knowing s/he will pose as a former boss.)
Also, the previous boss may have moved on. Or the reference will only verify the person’s employment start and end date and their salary.
Q. Why do I need to perform a background check?
A. In keeping with federal, state and local statutes, a thorough background check includes verification of past employment and can include a credit history and criminal history. These aspects help as a means of judging a candidate’s past, character and fitness as well as determining the potential risks for safety and security. For instance, an employer can tell if the candidate lied about being terminated from a past position, or avoided mentioning being charged with a DUI. Remember, as a business; you are also responsible to ensure the safety of all your employees.
Q. What else does an employment background check do?
A. It flags discrepancies in the information the candidate provided. It verifies education and certifications. It reduces risk and liability by fulfilling due diligence. It highlights a criminal or drug history. These factors give a more complete picture of the candidate.
It might sound cliché, but paying for a reputable professional agency, such as Data Screening.com, to provide the information you need on your prospective candidates gives you peace of mind about hiring. Since many businesses tend to be overwhelmed with responsibilities, laying to rest the worry about applicants seems a good ROI.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
The Story of the Gift that Wasn’t
Who of us has not seen or heard the ads for Publisher’s Clearing House (PCH)? Where the firm’s “prize patrol” appears at the front door with balloons, champagne and an oversized check for thousands of dollars?
Haven’t you wondered why (if you have entered this contest multiple times over the years) you have never won anything—even a free magazine subscription? Beware, while PCH has to follow the appropriate legal requirements, those who “pretend” to be PCH – or any other company, couldn’t care less about legalities.
So, beware of unusual calls, especially during the holiday season.
Here’s what happened to us.
Out of the blue, we got a call from a “law firm” said to reside in New York City who represented PCH. Since we had casually entered the PCH drawing, we decided to accept the call and continue the conversation.
The caller’s commentary could be believable; so, we stayed on the line with him. He said we had won the second prize of $200,000 in the PCH giveaway, and it was his job to disburse the winnings.
He verified our address and said a cashier’s check would arrive by a specified carrier at a specific agreed upon time the next day. We just needed to be present to sign the check. He also promised no one else would arrive at our door as that only happened for the grand prize.
We still listened, but we also began to check on the name of the firm to verify the call.
Next, the representative told us the amount of the award would be about half once taxes were paid. (Well, of course, the IRS would have to get a share.)
The gentleman told us that his firm was also tasked to save us taxes and by their calculations, the savings were over $56,000. He informed us of the exact dollar amount we were supposed to receive.
Then he passed us to his supervisor to complete the transaction.
Now we were more skeptical but remained on the phone. The supervisor again verified what the previous representative had told us.
While we continued listening, we looked up the name of the firm online and found nothing. Neither did we locate the area code for New York. The number seemed to come from another state altogether.
Suddenly, the call dropped. We never heard from the caller again, and no one showed at our door at the “appointed time.”
‘Tis the Season
While the call we received did not come during the height of the Holiday Season, there are still many scam callers who use this time to play on unsuspecting individuals. In fact, like those “legal representatives” who called us, scammers are so skilled that they sound convincing.
The moral here is clear. Pay attention to – even search for – red flags.
- No matter how enticing the conversation, make sure to vet everyone, before committing to anything.
- Never share your bank, credit card, or payment information with them unless they can prove legitimacy.
- If you do receive a false call, follow the steps in this video presented by the Federal Trade Commission.
- Above all, keep your awareness high especially during the Holiday Season.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Ways to Show Gratitude to Colleagues and Clients
Thanksgiving, with its cravings for turkey and a table full of family and friends, has quickly passed and our thoughts turn from thankfulness to what we want for Christmas – wait . . . thankfulness is a year-long essential. That’s the Data Screening challenge – to make expressing your gratitude to colleagues and clients a lifestyle, rather than a season.
The book, The 5 Languages of Appreciation in the Workplace, by Dr. Gary Chapman and Dr. Paul White, tells us that nearly 90 percent of employees leave their firm due to the lack of feeling trusted and valued. Additionally, human resource professionals realize those who work in customer service and hear the most complaints just quietly exit from their jobs.
Chapman’s and White’s book covers five languages (categories) with detailed examples of how supervisors/managers and business owners can express gratitude to their workforce and clients: words of affirmation, quality time, acts of service, tangible gifts and appropriate human physical touch.
The book also explains how the languages rank differently with different individuals. In other words, it tells why some categories work better than others, and why it is important to “read” the person’s preference.
Overall, it is safe to say that everyone places an essential importance on being heard. It is why actively and attentively listening to the person who is speaking is the key to moving ahead in a positive way.
It’s true we all make assumptions about those we work with, know and serve, but this time of year, take a few extra moments to listen and “speak” to your employees and clients in their language of appreciation.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
6 Solutions for Great Property Management.
As a property management company, your focus is not just on providing what tenants will sign leases for, but also for doing so in a way that continues the best profitability because of best management practices. These 6 items will help you keep an eye toward this goal.
- Draft and execute accurate property management agreements at the inception of the relationship with the lessee. Set expectations and boundaries up front to make sure clarity of terms is established.
- Use clearcut language on a hold harmless provision. Include a broad indemnity provision that provides a clear means for termination upon noncompliance.
- Take time to visit and inspect the property before accepting responsibility for it. Moreover, ascertain the property manager is a named beneficiary on the property owner’s insurance policy. Use a respected data screening service for information and background checks, such as http://Data Screening.com
- Hire experienced people. Make sure the property management team has formal training and knowledge of property management laws such as fair housing regulations, the ADA, and security deposit accounting rules.
- Have a program in place for continuing education which includes participation in trade groups, seminar attendance, maintaining a close relationship with a law firm and continuing online education at sources like propertymanager.com
- Prevent losing good employees due to dissatisfaction with compensation. Attrition is costly. Well-trained people are worth paying for as they will save the firm money over time. Pay them competitively, especially when they are motivated to learn more to improve their performance.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA (American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners).
Discrimination in Employee Screening?
Would you be shocked to learn discrimination is sometimes allowed in employee screening? Anyone who regularly hires others would be familiar with Title VII or the Civil Rights Act of 1964 which has led to the statement on many applications that “prohibits discrimination based on race, color, religion, sex, or national origin.”
Similarly, the Age Discrimination in Employment Act of 1967 also forbids age discrimination of those 40 and older.
Additionally, the EEOC renders there should be no discrimination based on gender identity or sexual orientation.
So, how can discrimination be permitted with employee screening?
It’s all about Job Classification
Differences in employee screening processes can be based on job classifications. That is, as long as a company treats all individuals within the same job classification equally, the law permits said employer to vary screening procedures by job classification.
What is a job classification?
A job classification may be defined as hourly, exempt or non-exempt. For example, an employer may choose to perform a more in-depth screening on exempt employees, such as vetting information on education and criminal backgrounds.
Another example would be the addition of a motor vehicle report to the screening for those positions requiring driving a company-owned motor vehicle.
Perhaps rather than discrimination, we should term the procedure as differentiation. Employers still must comply with the federal, state and local laws.
A firm such as Data Screening.com can provide accurate and current information on any applicant’s employability.
About DataScreeening.com
Data Screening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA(American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners). How may we help you today?