Category: Human Resources

Criminal Records Reported for 7 years?

Q: Background checks will only reflect history back 7-years, correct? Is that regardless of the “crime” even if there are felonies on the record, or are there exceptions? A: Well, there are a number of screening companies that ignore California Law , following only the Federal law which has lifted the time requirement.  California is [...]

Negligent Hiring Costs Trucking Company $7 Million

Trucking company’s negligent hiring practices lead to fatal collision The plaintiffs alleged that the driver of a tractor-trailer was negligent and reckless for driving while fatigued and crossing the centerline. Suit against his employer alleged negligent hiring, among other claims. The parties reached a confidential settlement after the jury awarded $7 million. Reagan v. Dunaway [...]

Firms that don’t do worker checks could be exposing themselves to legal liability

The killing of a south Charlotte store manager – allegedly by a felon hired to work there – highlights the risks companies take when they hire an employee with a criminal record, or don’t do a full background check on applicants. The Flying Biscuit Cafe in StoneCrest shopping center faces possible fines or other penalties [...]

Why Companies Should Do Employment Verification

For many companies, referencing evokes more emotions that a hangover.  Why you ask?  Because the sheer nature of verifying employment, or education, or attempting to make contact with those dreaded former supervisors, co-workers or friends can take such inordinate amounts of time that one regularly wonders if it is really worth it! As an employment [...]

Friday January 13th, 2012 in Employment Law, Human Resources | No Comments »

Are people’s social media accounts checked in employment screening?

As a Consumer Reporting Agency, APSCREEN is not authorized by law to purvey unverified information.  APSCREEN has long led the fight against the use of Social Media in the hiring context for several reasons: a.       No consent is usually given to use Social Media by the candidate, unless an expressed consent is given for an [...]

Thursday January 12th, 2012 in Employment Law, Human Resources | No Comments »

EEOC Takes aim at Systemic Bias

The EEOC received 99,922 charges of alleged discrimination in 2010, the highest number in recent history. As its workload has increased, the commission has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to [...]

New California Law Penalizes Employers for Willful Misclassification of Independent Contractors in 2012

Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: [...]

Wednesday December 28th, 2011 in Employment Law, Human Resources | No Comments »

Employers Beware: The Risks of Negligent Hiring

In reviewing Snell & Wilmer’s guidelines, the layman will gain a useful basic understanding of this area of the law.  What is omitted is the primary legal ‘pursuit’ concept of respondeat superior which a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course [...]

Wednesday December 21st, 2011 in Employment Law, Human Resources, Negligent Hiring | No Comments »

Employee Locator Comparison Matrix

Employee Locator is our popular locate service for HR Managers and Benefit Plan Administrators. People often ask what is the difference between what we do and what other services can do, including the government. So here is a matrix you can use to easily see how great Employee Locator is. See matrix here

Tuesday November 29th, 2011 in Human Resources | No Comments »

Casting assistant’s past prompts calls for screening

Jason James Murphy, a convicted child molester, began cooperating with an LAPD investigation, as child protection advocates called for background checks for those with access to child actors. Read more

Wednesday November 23rd, 2011 in Employment Law, Human Resources | No Comments »