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EMPLOYMENT SCREENING RESOURCES (ESR) NEWS

Posts Tagged ‘Legal risk’

Facebook Warns Employers Asking Job Applicants for Social Media Passwords May Expose Businesses to Legal Liability

Posted March 26, 2012 — By Tom Ahearn, ESR News Editor

Responding to an increase in reports of employers seeking to gain “inappropriate access” to social network profiles of job applicants, online social media giant Facebook issued a warning to employers in a recent blog posted on the company website – ‘Protecting Your Passwords and Your Privacy’ – that the practice of asking job applicants for their social media passwords “undermines the privacy expectations and the security of both the user and the user’s friends” and could potentially expose businesses to “unanticipated legal liability.” The blog is available at: http://www.facebook.com/notes/facebook-and-privacy/protecting-your-passwords-and-your-privacy/326598317390057. (more…)

Safe Hiring Expert Lester Rosen to Participate in Webinar on Legal Pitfalls of Pre-Employment Background Checks

Posted August 18, 2011 — By Tom Ahearn, ESR News Editor

To provide guidance to employers on the legal pitfalls of pre-employment background checks, Attorney Lester Rosen, a safe hiring expert and CEO of accredited background check firm Employment Screening Resources (ESR), will participate in a live 90-minute webinar titled ‘Pre-Employment Background Screening: Legal Pitfalls’ on Tuesday, August 23, 2011 from 1:00 PM to 2:30 PM EDT (10:00 AM to 11:30 AM PDT). For more information about the webinar, which qualifies for Continuing Legal Education (CLE) credit, visit: http://www.straffordpub.com/products/pre-employment-background-screening-legal-pitfalls-2011-08-23. (more…)

Provider Fined $376,000 in Case Showing Need for Extensive Nursing Home Employee Background Checks

Posted January 6, 2011 — By Les Rosen, Founder & CEO of ESR

By Thomas Ahearn, ESR News Editor

An Indiana provider has been hit with $376,000 in penalties – which Indiana officials call one of the biggest fines of its kind – for employing several individuals at nursing homes who either had been convicted of criminal offenses or stripped of their licenses.

According to a news report, the fines were larger than usual because the provider – an operator of nursing homes – did not self-report the violations concerning seven employees who were ineligible to work where Medicaid payments were involved. The U.S. Office of the Inspector General (OIG) became aware of the problem in 2009.

A deputy in the office of the counsel to the Inspector General quoted in the news report said the provider “knew or should have known” the employees were excluded from taking part in federal healthcare programs. The deputy also stated that:

  • The majority of ineligible employees had lost their licenses or had their licenses revoked.
  • Violations are self-reported by provider companies in most similar cases.
  • Providers should regularly check lists of contractors and workers who are excluded from participation in government reimbursement programs.

This case reveals the growing need for more extensive nursing home employee background checks, or of any caregivers working with vulnerable populations such as children, the elderly, or those people with special needs. Nursing homes are particularly vulnerable to a higher duty of care to patients. Employers at nursing homes can be sued not only for negligent hiring, but also negligent retention if they knew – or should have known – there was a problem, not to mention negligent supervision.   

Employment Screening Resources (ESR) – a leading provider of background checks accredited by The National Association of Professional Background Screeners (NAPBS) –   offers a search vital for most healthcare industries: the OIG/GSA Name Search.

Together, the OIG (Office of the Inspector General) Excluded List and GSA (General Services Administration) Sanctions Report search the U.S. Department of Health and Human Services and OIG databases for individuals and businesses excluded or sanctioned from participating in Medicare, Medicaid, and other Federally funded programs.

ESR also offers expanded health cover searches that cover disciplinary actions taken by federal agencies as well as those taken by licensing and certification agencies in all 50 states. This is the most comprehensive search method available.

Employment Screening Resources ESR Home Health Care Check provides background screening services specializing in home health care workers in private homes or elder care facitlites. For more information, visit http://www.esrcheck.com/services/homehealthcare.php.

For more information, visit Employment Screening Resources at http://www.ESRcheck.com.

Source:
http://www.mcknights.com/provider-to-pay-376000-for-hiring-ineligible-employees/article/193588/

Employment Screening Resources President Lester Rosen Presents Session at 69th Annual HR Southwest Conference in Ft. Worth TX on October 13

Posted October 6, 2010 — By Les Rosen, Founder & CEO of ESR

By Thomas Ahearn, ESR News Blog

Author, speaker, and safe hiring expert Lester Rosen, President of Employment Screening Resources (ESR), the company that literally wrote the book on background checks, will present a session titled ‘Background Checks: Trends, Best Practices, and Legal Developments’ at the 69th Annual HR Southwest Conference in Ft. Worth, Texas on Wednesday, October 13, 2010 at 8:30 AM local time. To register for the HR Southwest conference, visit http://www.hrsouthwest.com/GeneralInformation.aspx. For more information about educational sessions, visit http://www.hrsouthwestsessions.com/.
 
“As hiring increases, employers need to select safe, qualified, and honest candidates,” explains Rosen, an attorney at law and author of ‘The Safe Hiring Manual – The Complete Guide to Keeping Criminals, Terrorists, and Imposters Out of Your Workplace,’ a comprehensive guide for employment screening. “This session covers best practices and current issues in background checks, including EEOC considerations for criminal records and credit reports, and the dangers of using social networking sites.”

The presenter of ‘Background Checks: Trends, Best Practices, and Legal Developments,’ Lester Rosen, is a frequent speaker nationwide on pre-employment screening who has testified as an expert witness on issues surrounding safe hiring and due diligence. He was the chairperson of the steering committee that founded the National Association of Professional Background Screeners (NAPBS) and also served as the first co-chairman.

The 69th Annual HR Southwest Conference lasts from October 10 to October 13, 2010 and is the largest regional human resources conference in the United States.

About Employment Screening Resources (ESR):
Founded in 1996 in the San Francisco area, Employment Screening Resources (ESR) literally wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. The company is a leading provider of information, education, and training on “all things background checks” and is dedicated to promoting a safe workplace for both employers and employees. In 2003, ESR was rated the top U.S. employment screening firm in the first independent study of the industry. To learn more about Employment Screening Resources, visit http://www.ESRcheck.com or contact Jared Callahan at 415.898.0044 or jcallahan@ESRcheck.com.

Sources:
http://www.hrsouthwest.com/GeneralInformation.aspx
http://www.hrsouthwestsessions.com/

New Massachusetts CORI Reform Law Prohibits Employers from Asking About Criminal Convictions on Initial Job Applications Starting November 4

Posted October 5, 2010 — By Les Rosen, Founder & CEO of ESR

By Thomas Ahearn, ESR News Blog

Starting November 4, 2010, employers in Massachusetts will no longer be able to ask about convictions on “initial” job applications.

In August 2010, Massachusetts Governor Deval Patrick signed into law new legislation that prohibits employers from asking questions on initial written job applications about criminal offender record information, which includes criminal charges, arrests, and incarceration. 

The new law overhauls the Commonwealth’s Criminal Offender Record Information (CORI) law and contains several provisions that will affect the way employers use the criminal histories of prospective and current employees and impact Massachusetts employers performing criminal background checks on job applicants and employees.

According to a ‘Management Alert’ from law firm Sayfarth & Shaw, while the new law does not prevent employers from obtaining criminal histories of job applicants or employees contained in the CORI database, under the CORI reform law those records will no longer contain:

  • Felony convictions closed for more than ten years, whether convictions occurred more than ten years ago or individuals were released more than ten years ago.
  • Misdemeanor convictions closed for more than five years. 

In addition, the alert indicates the new law also includes the following provisions:

  • Employers that decide not to hire applicants or take adverse actions based on criminal histories in CORI reports must first give applicants copies of the reports. 
  • Employers conducting five (5) or more criminal background checks per year must maintain a written criminal offender record information policy.
  • Employers are prohibited from maintaining CORI records of former employees or unsuccessful job applicants for more than seven years from the last date of employment or from the date of the decision not to hire the job applicant.

As previously reported on the ESR News Blog, the initial application of the CORI reform law provision which restricts questions by employers about criminal history on initial written job applications will take effect on November 4, 2010. Employers who continue to ask questions on initial written applications about felony or misdemeanor convictions after that date may be subject to liability under the new law, experts warn. The other provisions described regarding the new law do not take effect until February 6, 2012.

For more information about employment background checks and the latest legal updates for employers, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

Sources:
http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter256
http://www.seyfarth.com/dir_docs/news_item/8795eabd-0b60-47f6-9164-a58c9faf0d7a_documentupload.pdf
http://www.esrcheck.com/wordpress/2010/08/12/new-massachusetts-law-prohibits-employers-from-inquiring-about-criminal-convictions-on-initial-job-applications/