Keeping Up with New Labor and Employment Laws
Federal, state and municipal labor and employment laws changed as of late 2016 and 2017.
- Many states approved minimum wage increases with adjustments for consequent years.
- Laws concerning the medical and recreational use of marijuana were liberalized.
- Some states limited inquiries about applicants’ prior salaries to encourage pay equity.
- Some states enacted new paid sick leave measures.
Employers may be hard-pressed to keep up with what went into effect in 2016 and what is still scheduled to take effect this year.
Do these changes affect conducting pre-employment background checks?
Yes, they do! For example, the liberalization of marijuana necessitates adjustments in drug screening laws, especially those requiring periodic testing in the workplace.
These changes are not the only strong impacts. Ban the box, and the gig economy are two more trends shaping employment practices.
Wikipedia explains “Ban the Box” as:
“The name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at persuading employers to remove from their hiring applications the check box that asks if applicants have a criminal record.”
This movement aligns with the Fair Chance Act which went into effect late in 2015.
WhatIs.com says “a Gig Economy” as:
“An environment in which temporary positions are common and organizations contract with independent workers for short-term engagements.”
If you are a small business, it may be time to refresh your knowledge of state and municipal laws that legally affect you. Moreover, it would be advantageous to use a reputable agency in your hiring practices. An agency such as datascreening.com keeps up with current laws and trends so that you receive the most complete, accurate and trustworthy information.
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 New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional SBackground Screeners. How may we help you today?
New Healthcare Job? Expect a Background Check with Fingerprinting
Here’s Why:
New job opportunities arise when an industry burgeons, like home health care, skilled nursing facility patient care, and behavioral healthcare.
More and more, trained and caring individuals are needed to assist the aging Boomer population, and people are answering that need. However, as one might expect, new opportunities bring new challenges. Two of those challenges are patient safety and quality of care, particularly in home and behavioral health care, and skilled nursing care.
Various state boards that govern health professions are mandated by law to ensure the people entering those fields are not only competent but also of high moral character, which means that those individuals would be honor-bound to self-disclose any concerns before licensure.
Because the term “moral character” has become archaic, other means are now required to check for issues. Several states are considering more stringent laws, including extensive employment background screenings, to oversee the requirements for workers in these fields.
These more stringent data screening requirements focus on preventing and controlling neglect and abuse of patients by healthcare workers, which, unfortunately, occurs much too frequently.
Therefore, home health care, skilled nursing facility, and mental health care professionals are often fingerprinted as part of their pre-employment background checks.
The fingerprint-based background check
Since 1999, the FBI has been using the Integrated Automated Fingerprint Identification System. It is the world’s largest fingerprint identification database though it does not contain the fingerprints of all criminals. If located in the system, convictions that took place anywhere in the United States will show regardless of the use of aliases.
Each state has different statutes regulating the need for fingerprinting healthcare professionals. More states than not require them.
So, if you have been involved in a criminal complaint, gather records from your local courthouse, check them for any misinformation or errors against the FBI fingerprint results, and reveal them to your potential employer.
Full disclosure regarding any concerns in your past will speak on your behalf toward any future healthcare opportunity.
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 New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?
Tenant Screening: 7 Red Flags to Keep from Getting Burned
As a manager for rental properties, finding reliable renters is crucial for your business success and reputation. Hence, it pays to be informed or refreshed on why you should perform a thorough background check.
Remember, don’t skip the processing of applicants to save time or because the person “appears” right or offers you a tempting “deal.” People with nothing to hide don’t mind adhering to Federal Fair Housing Guidelines, but those who are ready to scam you might. Watch for these typical red flags.
- Bad Credit History
A poor credit history may be a blazing trail of potential problem tenant behavior. Unless you know of the tenant’s personal situation—such as a divorce—which has caused the applicant’s financial picture, you’d be wise to forego the deal right then. However, if the applicant’s minimum credit score falls within your parameters, and their situation warrants consideration (especially with a qualified co-signor), then forge ahead.
- Low Income
This is simple math. If the applicant’s income barely meets the monthly rental, chances are good they will default on rent. Income should exceed two-three times the cost of rent.
- Frequent Job Changes
A job hopper indicates a troubling behavior pattern. Similar to one with a bad credit history, this individual is potentially high-risk.
- Prior Evictions and Bad References
People may try to hide prior evictions or bad landlord references. Are applicant’s smart enough to pull off this trick? Not typically. One manager called to check a reference for and found it was the applicant’s friend using a different phone number and fake accent. When desperate, people will try many schemes.
- Notifications
Check if deposits were returned from prior landlords, as the lack of one being returned could indicate a future problem tenant, one who is irresponsible in keeping the property in good condition.
Also, check how much notification was given before the tenant moved out. Not giving notice within contract guidelines says a lot about the applicant.
- Cash up front
Few people request to pay deposits or rental fees by cash. Those who do could be hiding a criminal background or illicit activity. Money may talk at the onset, but there is no way to predict future problems with someone who requests to deal in cash.
- A Tax Lien
This is an obvious one. If the IRS has difficulty collecting from tenant applicants, can you expect any less?
Don’t negate your instincts when it comes to screening for a tenant. If an applicant is giving you a definite bad vibe (needy, demanding, rude), don’t second guess yourself.
Otherwise, use a legal, professional agency such as Data Screening, to assist you with a thorough background check. Learn as much as you can to protect your clients and keep your mind at peace.
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 New Jersey Staffing Alliance, the Society for Human Resource Management and the National Association of Professional Background Screeners. How may we help you today?