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SELECTiON.COM® is closely following a court decision adversely affecting consumers and employers.
On Wednesday, September 1, 2021 the California Supreme Court denied review in the matter of All of Us or None vs. Hamrick. The Professional Background Screening Association (PBSA), Consumer Data Industry Association (CDIA) and dozens of other organizations filed an amicus letter with the California Supreme Court on July 15, asking the Court to take up the Fourth Appellate District’s Hamrick opinion on the grounds that it misconstrued several rules of court as barring the use of identifiers such as DOB and driver’s license number as search filters for use in locating online criminal records.
This denial means that we will continue to see courts in California redacting date of birth from both their online and public access terminals. It is also very possible that court clerks will stop providing clerk assistance to verify full dates of birth – as we have recently seen in Los Angeles County. Criminal-records checks in California will continue to become more difficult, and in some cases impossible.
We will be keeping up with this issue and the PBSA’s Government Relations Date-of-Birth Redaction Task Force as they now begin execute two potential alternative paths to resolution.
1. Work with the California Judicial Council to modify the rule.
2. Create a legislative campaign to introduce statutory changes that requires the Judicial Council to modify the rule.
However, even if successful, the outcome is not likely to happen for another year. We will notify you as soon as there is additional information available.
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The world is (hopefully) getting back to normal soon now that vaccines are readily available to the general public. That means we can move back into our offices and begin the daily grind alongside each other once again. Right? That may be true for some, but many companies will likely decide to keep part of their workforce remote or offer flex positions.
The COVID-19 pandemic has fundamentally transformed the office workspace. A recent study by LiveCareer found that 61% of employees want their employer to let them work in a remote capacity indefinitely. Also, 29% of working professionals go so far as to say that they would quit if they had to return to the office after the pandemic. That leaves companies set on returning to the typical 9-5 in-office workspace in quite a predicament.
If you were one of the many companies delaying implementing remote positions pre-COVID-19, you weren’t alone. Among many reasons, companies feared productivity issues would be a logistical nightmare. And, while there have certainly been some bumps along the way, many companies have effectively implemented remote positions. A recent survey by Mercer, a human resources and workplace benefits firm, showed 94 percent of 800 employers surveyed indicated productivity was the same or higher with their employees working remotely.
Many companies are considering drastically downsizing their office space for the coming year and offering flex positions.
According to a survey from the consulting firm, PwC found that executives and employees are converging around a post-pandemic future with a lot more flexibility, yet few are prepared to completely abandon the office space. As a result, by design or default, most companies are heading toward a hybrid workplace where a large number of office employees rotate in and out of offices configured for shared spaces.
That seems to confirm LiveCareer’s further findings. Thirty percent of professionals surveyed said that if going back to the office is inevitable, they’d like to work there three days a week. Twenty-five percent said two days a week, and 19% said one day. Just 9% said four days.
So, what does this mean for you? And how does this affect hiring and background checks?
Remote hiring was likely a fast-tracked implementation for many, so now is the perfect time to reflect on what did and did not work over the last year. What steps of the hiring process can now be improved and secured?
Here are our hiring tips for the post-COVID-19 reality:
- Clearly define your background check requirements per position. The Equal Employment Opportunity Commission (EEOC) already recommends this to avoid disparate impact. Adding fully remote or flex job offerings may change the background check selection, so be sure to appropriately update your handbooks or hiring guidelines.
- Be sure to make it clear if you plan on making a currently remote position in-house once the pandemic is over.
- Are you going to offer flex positions? If so, be clear on when they are expected to be in the office. For example, will it be one or two specific days a week or days of their choosing, etc…
- If you require a video interview, be sure to use an application compatible with the most common devices, such as Apple, Android, and Windows.
- There has been a significant shift in how people shop, resulting in an uptick in hacker activity and an increased need for cybersecurity. Therefore, it’s more important than ever to partner with a background check company that offers an easy-to-use and secure online portal for applicants to enter personal information.
In addition to everything above, it’s important to note that while EEOC recommendations will likely evolve with the new remote/flex working reality, the requirement of strict Fair Credit Reporting Act (FCRA) regulation adherence remains the same.
- Always obtain a signed release form.
- If a person is denied the position, regardless of the reason, always send a copy of their background check, a Pre-Decision letter, and a copy of their consumer rights.
- Follow up with an adverse action letter five business days later.
In these uncertain times, it pays to have a trusted partner who can provide the data you need and the customer support to answer all your questions. Our unparalleled support, combined with our nationwide researcher network, makes SELECTiON.COM® a valuable background check partner.
Our five-star customer support team is not only industry experienced but tenured in their time with our company. Our staff is available to you via phone, email, and chat, Monday through Friday, from 8 am to 8 pm.
SELECTiON.COM® offers employment and education verifications, character reference reports, criminal history reports, and our Search America® locator tool is the largest in the industry with other 1 billion records.
Contact us today to develop a fast and accurate background check program to meet your needs.
NOTE: This article gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
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SELECTiON.COM® is proud to announce we have partnered with Virtual Babysitters Club™ (“VBC”). VBC is a web-based platform that is connecting out-of-work performers with parents trying to work from home with young children. SELECTiON.COM® will conduct background checks on all performers and entertainers desiring to contract as virtual “babysitting” professionals with VBC. Recently, VBC was featured on ABC’s Good Morning America.
VBC’s network of professional performers entertain children remotely with interactive and engaging individual and group parties, magic and puppet shows, improv games, dance parties, sing-alongs, storytelling, trivia competitions, and homework help. VBC is also ramping up virtual camp programs for the summer while students are out of school. Parents can monitor and see if their child has moved away from the session via mobile device. It is designed to be fun for kids and provide comfort to busy working parents.
VBC also offers an Employer Partnership Subscription Program, which allows employers to reserve VBC’s network of performers on a dedicated private calendar from which employees can select sessions to book. For more information, go to www.virtualbabysittersclub.com.
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The Federal Motor Carrier Safety Administration (FMCSA) released information gathered from its Commercial Driver’s License Drug and Alcohol Clearinghouse in late February. The data indicated that the Clearinghouse had detected and recognized nearly 8,000 positive substance abuse tests of commercial drivers since it became operational in January, according to a news release from the FMCSA.
The Clearinghouse provides FMCSA along with employers the tools needed to detect drivers who have disregarded the requirements for federal drug and alcohol testing and are restricted from operating a Commercial Motor Vehicle (CMV). The objective of the Clearinghouse is to guarantee drivers get the necessary evaluation and treatment before they continue driving. According to the FMCSA, those required to enroll in the Clearinghouse include:
- Employers of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders, or their designated service agents, and medical review officers who report drug and alcohol program violations that occurred on or after January 6, 2020
- Employers or their designated service agents who lead required queries which inform them whether prospective or current employees have drug and alcohol program violations in their Clearinghouse records. Employers must purchase a query plan before doing queries in the Clearinghouse – query plans must be obtained from the FMCSA Clearinghouse website only
- Drivers who respond to employer consent requests or would like to view their Clearinghouse record when applying for a job
- Substance abuse professionals who report on the completion of initial driver assessments and driver eligibility for return-to-duty testing for violations committed on or after January 6, 2020.
Commercial drivers are not required to register for the Clearinghouse immediately; however, they will need to join in order to respond to an employer’s request for consent before a pre-employment query or other full query conducted. Employers enroll during the first year of implementation to guarantee they can lead required yearly inquiries on employed drivers. There is no cost to enroll.
The Clearinghouse is an online database that enables FMCSA, employers of CDL drivers, State Driver Licensing Agencies, and law enforcement officials to recognize CDL drivers who have violated federal drug and alcohol testing program requirements. As of February, the Clearinghouse has more than 650,000 registrants.
SELECTiON.COM® provides background screening services for the transportation industry to help them make smart hiring decisions. We offer drug screening for pre-employment, post-accident, reasonable suspicion, and random testing. SELECTiON.COM® can help with all the necessary background checks required for the trucking industry and can develop a package to suit your needs. Contact us today!
