October 2023
Do you know what workers want?
As we settle into the last quarter of the year, it’s important to stay up-to-date on what keeps employees happy, leading to retention in your team. How can you stay above your competitors? In our news article this month, we break down some creative ways to set yourself apart. (this will be linked to the news article – I sent it in a separate doc)
Read the Full StoryVote for your favorite Atlantic pumpkin!
It’s time for our 2nd annual pumpkin decorating contest. Click the link to check out this year’s entries and vote who you think is most gourd-eous!
Popular CRA sued over outdated records.
A new class action lawsuit alleges that a well-known background screening provider may be reporting outdated information in reports.
In the case, the plaintiff provided that she was a full-time employee with a company when they decided to run a background check on her. The screening provided that her nurse/nurse’s aide license had been suspended or revoked, which allegedly caused the company to terminate her.
Upon review, however, the plaintiff noted that the adverse information on the report was beyond seven years. The suspension/revocation occurred back in 2011, which claims the defendants allegedly provided ‘inaccurate and misleading’ information by furnishing a report with a disciplinary action beyond seven years.
While the lawsuit is in the beginning stages, it’s yet another case that involves an alleged violation of the FCRA by a background screening company. Many CRAs are finding themselves in hot water for not following the rigid regulations of not only the FCRA but also the CFPB (Consumer Financial Protection Bureau) and other state laws that are constantly changing.
It’s easy to Google (“your background check provider” class action lawsuits) to see if your company is at risk by receiving unverified or unreportable results. Pro tip: you won’t find any with Atlantic.
That’s why choosing a vendor who stays up-to-date with compliance and industry experts is so important! With Atlantic, we take the ‘screening’ part of background screening seriously. This includes verification and validation directly with courts and databases. After all, isn’t that the point of a background check? To read the class action in its entirety, click here.
CA’s new Fair Chance Act requirements may spread further.
With California’s new background check requirement taking effect on October 1st, it is imperative to stay up-to-date to make sure your team is compliant with the changes. The most noteworthy update involving background screening is that an assessment must be done if the employer contemplates not hiring an individual due to criminal history. This assessment was implemented in 2018, but the new Fair Chance Act provides a list of sub-factors that employers must consider at a minimum. The specificities include the age of the applicant when the conduct occurred, the context in which the offense occurred, and several more.
You can read more about the requirements and how it may affect your hiring process in this article by SHRM. While it is only in effect for California, it’s important to note that one state making a change usually means others will follow. Keeping your policies up to date is the very best method to ensure that you’re remaining compliant with any laws at the city, state, or federal level. Any questions? We suggest reaching out to your legal team!
Did you know we offer E-Verify and Form I-9?
With almost half the nation mandating some 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 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 your team needs Form I-9 or E-Verify (or both!), our solution can help streamline your processes! If you have any questions or are interested in listing it on your account, please contact our office for the next steps on how to employ these services in the portal.
