June 2023
Happy 4th of July from Atlantic Employee Screening!
The whole team at Atlantic wishes you a happy Independence Day, from sea to shining sea! In observance, our office will be closed on Tuesday, July 4th. We will resume normal business hours on Wednesday, July 5th. May you and your loved ones enjoy the holiday!
DHS announces employers will have 30 days to comply with Form I-9 requirements
In the height of COVID-19, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) provided flexibility regarding the physical presence requirements associated with Employment Eligibility Verification (Form I-9). This amendment was granted with the idea that, upon normal operations resuming, a physical inspection would take place. While these flexibilities were extended throughout the pandemic, they also announced that those very extensions would come to an end on July 31st, 2023.
One of the latest announcements by ICE provided that employers have 30 days from the deadline to ensure all required physical inspection of identity and employment documents is completed. To read their announcement in its entirety, click here. As a reminder, we offer I-9 services including storage directly within our a dashboard in our portal. If you’re interested, reach out to our office to learn more!
A national screening provider’s alleged inaccuracy could turn into a class action lawsuit
A background check done by a nationally recognized brand has stirred up a possible class action lawsuit that alleges to affect “hundreds of thousands of individuals”.
When Pedro L. Ramos III applied for a job at a company in Connecticut, he was offered the position contingent on a successful background check. But once the company received the screening, they rescinded their offer on the account that his background check provided he had four convictions, including one felony drug charge. Pedro did not have any convictions on his record and claimed that the screening provider did not supply an accurate report.
Not only did they produce an inaccurate screening, but the plaintiff also claimed that the screening provider did not give him a chance to dispute the charges before his prospective employer saw them. Because of this, the litigation stems from an alleged violation of failing to uphold compliance procedures by the FCRA (Fair Credit Reporting Act). This involves following “reasonable procedures to assure maximum possible accuracy“, which the screening company allegedly failed to do.
As always, these lawsuits serve as a reminder to press your screening vendor as to what their validation process is. If they are not utilizing several points of identification, it’s possible that you may receive results that have not been verified with an address, driver’s license number, or any other identifier to distinguish a match between your candidate and the criminal record. Such reporting can be regarded as a direct violation of the FCRA. To read more about the lawsuit, find the article by Emilie Shumway at HR Drive here.
How the identity of HR is changing in 2023
In 2021, HR was doing everything in its power to hire as quickly as possible. Getting a candidate’s foot in the door was difficult, given the obstacles of background check turnaround times still being affected by the pandemic. But as time has worn on, hiring is now taking a backseat, according to HRDive’s survey about HR’s identity in the workplace. What can we expect for the rest of 2023? Read more in our June article, where we discuss the shifts in the industry and how your team can not only adapt but embrace those very changes.
With layoffs on the rise, beware of the WARN Act
Layoffs are unfortunately becoming more and more common worldwide following mass hiring during the pandemic. But did you know that there is an act that was created to outline requirements for employers who are performing large layoffs or office closures? The WARN Act (Worker Adjustment and Retraining Notification Act of 1988) was enacted to protect employees and their surrounding communities from sudden job loss, enabling them to pursue new employment.
The most basic guideline for certain companies contemplating a layoff is the necessity to report it 60 days prior. Of course, there are some other things to consider: not all layoffs require WARN notices. This depends on the state where the layoff is occurring, the size of the company or layoff, and many other variables. A huge thing to keep in mind is that while the WARN Act is a federal law, many states may have their own (usually stricter) “mini-WARN Acts”. We implore your team to look into these acts if your company is considering layoffs of any size, as they may affect your timeline. You can read more about the WARN Act here, as well as tracking real-time layoffs across our nation at www.warntracker.com.
E-Verify Made Easy through Our Screening Portal
With almost half the nation mandating some type of E-Verify requirements, Atlantic is more than thrilled to offer a solution that can be easily utilized from within our screening portal. This way, you can launch the E-Verify directly from the candidate’s file, making it that much easier for your team! You’ll be able to see all cases – active, closed, or otherwise – from within a Compliance Dashboard available to you. Coupled with our QuickApp, having the ability to track your applicants from the beginning to the end of your onboarding process has never been simpler.
Whether you’re being required to utilize E-Verify or are doing it for your own purposes, our solution can help streamline your processes! If you have any questions or are interested in listing it on your account, please reach out to our office for the next steps on how to employ our E-Verify services in the portal.
