After the recession started in 2007, states were massively hit with having to pay unemployment benefits. This created a huge increase in state unemployment taxes, creating a rise of almost 44%. States have gone into debt, borrowing $45 billion in Federal funds, and they could only repay these loans by increasing taxes even more. A major problem for states, some states were forced by federal law to pay benefits that didn't make any sense when local conditions were taken into consideration.

However, the JOBS act is focusing on helping get people back to work and it could make an extremely positive impact on your business. What the JOBS act does is it helps states to keep unemployment taxes down and creates a major a push towards hiring. JOBS stands for Opportunity, Benefits, and Services Act, and with it states would have more flexibility in how they could spend their portion of $31 billion in remaining temporary federal employment funds. This way, they could choose to use those funds for things like preventing unemployment tax hikes and promoting job creation and hiring using reemployment services such as wage subsidies. This means that your business could experience an increase in better qualified employees because you won't have to worry constantly about an increase in unemployment taxes. Instead, you can spend that time focusing on job applicants, interviews, and your business overall.

With the JOBS act you won't experience any negative impact on how you pay your benefits. States will be able to keep on paying up to 99 weeks of unemployment benefits, and the states will have all the money they need to do just that. However, states will be able to decide if paying out fewer weeks of benefits is more sensible. Therefore, you'll still have all the money you need.

Perhaps most importantly, the JOBS act would not add to country's deficit. It can only enhance your business. Since the acts only promotes a reduction in taxes and more hiring, the economy can only take a turn for the better as more jobs are created. Your business can only thrive with the JOBS act.

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In the state of Kentucky, only employees of nursing homes and assisted living homes (nurses, etc.) are subject to criminal background checks. These employees are typically the ones who provide direct care to residents. Members of the public are hailing this as a sane, common sense law, while others are lauding it as unfair to those who have undergone criminal rehabilitation.

On Thursday, the legislation was introduced to the 2012 General Assembly. The law states, among other things, that criminal background checks must be conducted for all long-term care employees. This law would extend background checks to janitors, and even dining room workers.

The motive for this law stems from a lawsuit filed in 2010. A Fayette Circuit Court found that a nursing home in Lexington unknowingly hired a registered sex offender as a maintenance worker.

The legislation is very exhaustive, and prohibits employment in nursing facilities or assisted living communities based on a variety of factors. The factors that would exclude employment are as follows: conviction of a felony related to theft, abuse or sale of illegal drugs, neglect, abuse, sexual exploitation of an adult, or any sexual crime.

The legislation was explicitly brought about in light of cases in which nursing home employees took advantage of residents. The exploitation was not only financial, but cases also documented workers taking sexual, emotional, and physical advantage of residents.

Lobbyists worked for nearly five years to draft legislation that would require background checks for all employees. The legislation was unanimously praised by these interest groups. One lobbyist stated "It's important because it affects the quality of the people taking care of our elderly population."

Similar legislation has also been brought about (Senate Bill 44) in the 2011 General Assembly, however, it failed. Lobbyists state that this may be because some lawmakers misunderstood the bill. Currently, no nursing home industry representatives have voices any opposition to the bill.

In June, a $3 Million dollar federal grant was given to Kentucky to conduct criminal background checks, using state of the art fingerprint technology instead of name based checks only. This grant for background checks was primaraly used by those in direct care facilities.

Top 5 Tips to Avoid FCRA Non-compliance
The ramifications of not following the “rules” surrounding pre-employment screening may lead to financial catastrophe as described in a complimentary guide provided by Pre-employ.com.  You can download it here: http://www.pre-employ.com/5Tips

Free analysis:
Reviewing an organization’s background screening process yearly helps ensure that the procedures used follow the prescribed steps, and will identify areas of concern. Pre-employ.com offers a free analysis of background screening programs here: http://www.pre-employ.com/quote

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

Employers perform background checks on their prospective new hires, but there are rules and regulations that were meant to prevent employers from asking job applicants for information that would identify their ages. The dilemma is that employers need to ask for a date of birth in order to check their applicants’ background, and this has been disallowed by federal law as well as state law.

The Federal Age Discrimination in Employment Act of 1967 sought to prevent older people from refraining from applying for jobs by not allowing employers to ask their applicants for their date of birth during the application process; after the person has been hired employers may request this information. The individual states also have enacted their own civil rights legislation that would make it illegal to ask for an applicant’s date of birth. For example, California specifically spells out which questions about age that cannot be asked when employers are considering hiring an applicant.

A very important issue is the criminal background check. Employers need to be able to perform background checks on applicants and they cannot do them without a date of birth. The reason is because the courts’ most important information for identifying people is the date of birth rather than the social security number or other information.

Employers will be permitted to ask for a date of birth under strict circumstances. All applicants must be given a reason for the request for their date of birth and there must be a permissible reason for doing so. If it is warranted, the EEOC will make sure that the employer followed all the rules when asking for an applicant’s date of birth.

To comply with the laws, employers have begun to perform measures that delay the hiring process. Some employers have waited until they offer applicants the job before requesting their dates of birth, and other employers have asked the applicants to be the ones to give the screening company their dates of birth. Both of these procedures can keep employers from doing background checks in a timely manner.

An alternative is to have the prospective employee fill out the screening company’s form at the same time that they fill out the employment application. To ensure that the person doing the hiring will not see the screening form, another employee can be charged with the task of keeping both forms separate from each other.

Pre-employ.com is a company that offers all types of pre-employment services including an extensive background check. They understand that employers need these services performed quickly, and they are more than capable of accommodating this need.

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

An employer looks at numerous considerations before hiring any potential employee, including an employee’s background. The appropriate time to check into the background of employees can be confusing and have many variables depending on the state and the laws governing the state.

In general, the answer to whether it is possible to start a background check before providing a conditional job offer is “yes.” However, state laws differ and potential employers are not allowed to inquire about birth records or medical records of any potential employee due to discrimination laws.

The appropriate timing of when to check an employee’s background depends on numerous factors, such as which information is included in the background check or the state requirements. For example, a business that looks into worker’s compensation records as part of the standard background check is not allowed to check before providing a conditional job offer. Otherwise, the company might discriminate due to disabilities.

Employers can only inquire about health conditions that potentially interfere with job performance or ability after the offer is made to protect individuals who have disabilities. Once the offer is made, but before the potential employee starts working, inquiries about health conditions that prevent work are allowed.

While most states allow criminal background checks as part of the standard screening, not all states allow a criminal check before offering a job. In Hawaii employers are not allowed to look into criminal background until after the conditional offer is made as well. The condition set forth by the state is that if the employer discovers that the committed crime relates to the job duties or responsibilities, they are then allowed to withdrawal the job offer.

New York State is considering a similar law as that in Hawaii to allow employment options for individuals who have committed crimes in the past.

Age is another area of a background check that is sensitive and which employers are not permitted to ask about before hiring. Since birth records are obtained with criminal background checks, employers must take care to ensure the service they use not only provides the requested information, but will also protect potential employees from discrimination.

The background service can provide information without disclosing the age of a potential employee. In this case, the employer is free to ask for a background check provided the employer is clear that age is not provided with the background information.

Finding an appropriate service that not only respects employers, but also respects the law is challenging. Fortunately, Pre-employ.com provides background check services that are both legal and help employers learn more about prospective employees.

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!

A dramatic increase in the use of criminal background checks has thrown up a "red flag" to the Equal Employment Opportunity Commission (EEOC). As part of its five-year initiative started in 2008 known as E-RACE (Eradicating Racism and Colorism from Employment) the EEOC has gotten extremely aggressive in going after companies that it perceives as having "blanket policies against the hiring of felons." So much so that in a lawsuit filed against a well-known temporary staffing firm, the Court found that the EEOC had, "continued to pursue the case despite overwhelming evidence that its claims against [the company] were meritless." 

But the EEOC is not alone. State legislation such as "Ban the Box" is sweeping across the country and has now trickled down to the municipal level. Ban the Box may seem fair to ex-cons entering an already over-saturated job market, but it could be a “Pandora’s Box” for employers - opening them up to a Tsunami of fines and lawsuits for non-compliance!

Disqualifying candidates for criminal records may seem fair to most employers. But not hiring an ex-con who had all the right requirements simply because they disclosed a criminal record could result in a very expensive cost of hire- in litigation fees!

So how can you protect your business and ensure your hiring methodologies are in compliance with the EEOC, State and municipal laws during your hiring process?

Pre-employ.com a pioneer in pre-employment background screening services is offering a valuable Free Guide, 5 Tips: Avoiding Litigation during the Hiring Process.(http://www.pre-employ.com/bestpractices). The Guide is a helpful tool for employers who desire to proactively address potential liability in their employment application and hiring process. This guide was written with input from over a dozen of the nation’s leading attorneys in the employer defense arena.

In addition, employers can request and download the EEOC documents surrounding the litigation of three employers charged in the E-RACE initiative.

Pre-employ.com can review your current screening program and ensure you are fully compliant with the FCRA and EEOC. Take advantage of our Free Analysis today http://www.pre-employ.com/quote

*We welcome relevant comments and questions from consumers, experts, and human resources professionals. Please do not submit comments with advertisements as they will not be posted publicly. Thanks for visiting our blog!