Background Checks for New Employees

By adding background checks to the screening process for new employees, employers can verify applicant information, reduce the risk of theft and workplace violence and improve the general quality of the candidate pool.

Prior to performing any background screening, the employer should have a written policy in place which describes the details of the screening process. Some of the information that may be included is a description of who will be screened (i.e., applicants only, all employees, managers only), when screening will occur (i.e., pre-employment only, annually), what paperwork is necessary, what type of background check will be performed, who will have access to the information, who will decide how the information will be used, and who will be responsible for adhering to the Fair Credit Reporting Act (FCRA) and state law compliance.

Employers should consult legal counsel regarding how they use potentially adverse information as part of their hiring criteria. For example, many states prohibit the use of an applicant’s arrest record (as opposed to convictions) when making a hiring decision. Also, decisions based on criminal convictions may be subject to the nature/gravity of the offense, the time that has elapsed since conviction or sentence completion and the nature of the job assignment.

In general, employers will find it more cost efficient and accurate to hire a third-party background screening company. Many of these background screening companies are members of the National Association of Professional Background Screeners and will provide information to the employer about the legal requirements of the screening process.

The FCRA defines screening companies as “consumer reporting agencies” and the background reports are defined as “consumer reports.”

Under the FCRA, employers must:

1. Have a written disclosure to the individual that a consumer report will be obtained. This disclosure must occur before the background check is obtained and it must be a separate document from the employment application.

2. Obtain written authorization from the individual prior to requesting the consumer report.

3. If the employer plans on taking any adverse action based on the consumer report, the employer must provide two notices to the individual – one notice before taking adverse action and another when the adverse action occurs.

4. Before taking the adverse action, the employer must provide applicant/employee with a copy of the consumer report and a summary of the applicant’s/employee’s rights under the Act (these rights can be found at www.ftc.gov)

5. After providing this information the employer must wait for a period of time (usually 5 days) before taking the adverse action. This waiting period allows the individual to identify any inaccuracies in the consumer report.

6. Upon taking the adverse action, the employer must provide the individual with a Notice of Adverse Action taken, the contact information of the consumer reporting agency, and a notice of the consumer’s right to dispute the accuracy of the report with the reporting agency.

Employers should also make sure background checks have been performed on their temporary workers and independent contractors. If the employer is using a staffing agency, the employer must inform the staffing agency the employer has a background screening policy. All applicants that the staffing company refers should be screened and all FCRA and state laws followed, including getting written authorization from the applicant.

Bruce E. Loren & Associates specializes in drafting policies to enable your company to conduct background checks in compliance with applicable laws, and in advising businesses in the appropriate use of information obtained from background searches. Bruce E. Loren & Associates is an AV-rated business and construction litigation law firm, also specializing in all employment-related issues for our clients. If you have any questions about this article or any employment-related issue, please contact Bruce Loren or Cara Barrick.

Leadership Lessons From the King

Elvis Presley, known around the world as the “King of Rock and Roll,” built a billboard-topping career that spanned nearly a quarter of a century. During that time he changed the face of music and opened the doors for generations of musicians who followed. Even now, almost 35 years after his death – assuming you choose to believe the King truly has left the building – Elvis is still one of the most universally recognizable pop culture icons in the world.

So, it’s only natural to assume he knew a thing or two about being a leader. It’s time to dust off the vinyl and start shaking your hips as we dig deep into Elvis’ extensive musical repertoire to see what the King can teach us about leadership.

Don’t you step on my blue suede shoes! – Blue Suede Shoes

While the song serves as a warning to all the other flailing feet on the dance floor to refrain from scuffing the now iconic pair of designer duds, these words also work well as a reminder to give your employees some room to step up to a new challenge or take on a leadership role. Sometimes the best thing a leader can do to help employees with C-suite aspirations is to simply get out of the way and let them learn through experience.

You look like an angel, walk like an angel, talk like an angel, but I got wise – You’re the devil in disguise! – (You’re the) Devil in Disguise

Originally recorded in 1963, Devil in Disguise is a tale of love gone awry when the leading lady, and object of Elvis’ affection, shows her true colors, ending the relationship in heartbreak for the King. In the workplace, these words more aptly describe the necessity of transparency. Your employees want a leader they can trust, and it’s your responsibility to be as upfront, open and honest as possible.

A little less conversation, a little more action, please. – A Little Less Conversation

This seize-the-day anthem, written for Elvis for the 1968 film Live a Little, Love a Little, doesn’t so much ask, but rather tells the listener to stop talking the talk and start walking the walk. And in the workplace, that’s exactly what’s expected of a great leader. When projects and deadlines start piling up, nothing builds respect and confidence more than a leader who rolls up their sleeves and dives into the trenches alongside them.

My hands are shaky and my knees are weak. I can’t seem to stand on my own two feet. – All Shook Up

Listed on The Rolling Stone magazine’s list of the 500 Greatest Songs of All Time, this song is said to have been inspired by a “shook up” bottle of Pepsi. However, in the workplace, these iconic words help to remind us of the importance of confidence. Your employees need to feel that they are following a leader who is not only confident about where they are going, but also how they will get there. When management appears nervous and unsure, it becomes more difficult to inspire the people they lead.

The King of Rock and Roll may be gone, but his legacy lives on. Even today, nearly 60 years after he recorded his first single, the music of Elvis Presley still holds up, and there’s no doubt it’ll be remembered well into the future. Inspiration comes from many sources, and who better to pull some helpful words of wisdom from than a man who helped define an entire generation.

Five Things to Do This Month: November 2011

The leaves are changing and we are slowly cooling down from a record-breaking summer. Autumn is officially here – and so is the holiday season. So besides filling up on turkey and football, let’s take a look at five things we can do this month.

Discover North America
November is Native American Heritage Month. Throughout our history, we have adopted several cultural identities from Native Americans. Whether by food, clothing, or art, take this month to discover more about one of our most fascinating and tradition-rich people groups.

Change Your Clock, Change Your Battery
It’s that time of year again. On Sunday, November 6, enjoy an extra hour of sleep as we fall back from Daylight Savings Time. Make sure to remind your employees to set their clocks back, so they can’t use it as an excuse to snooze in on Monday. Firefighters also say this is a great time to change the batteries in all of your smoke detectors. So put a couple of able-bodies in charge of the change, and don’t forget to set your clocks back!

Raise Eyes, Raise Awareness
Okay, so No-Shave November may not be the most professional thing to do this month, but it has its roots in a great cause. Thousands of people celebrate it to raise awareness of male diseases like prostate and testicular cancer. November is a great opportunity to raise awareness for lung cancer, diabetes, pancreatic cancer, Alzheimer’s, and many others. Have your department pick an illness to sponsor and do something creative to promote the cause. Don’t worry – it doesn’t have to involve facial hair.

Share the Harvest
At the end of the month, most of us eat enough calories to last well past winter hibernation. With turkey, ham, pumpkin pie and the rest of the buffet all-stars, we usually have more than enough food. One way to build unity and help empty the pantry is to have a food drive at the office. Place your employees into a few groups and compete to see how many non-perishables everyone can gather for the local food bank. You will help the less fortunate and have plenty of fun along the way.

Embrace the Season
Thanksgiving season is when we focus on what we are thankful for and what matters the most to us. This month, make an effort to tell each of your employees what you appreciate about them. Whether it is saying how impressed you’ve been with the way they handled their last project or how thankful you are for the extra work they put in, encouragement goes a long way in boosting office morale.

It’s National Staffing Employee Week

By Jared Brox

This is National Staffing Employee Week in theU.S.The American Staffing Association (ASA) sets aside a week each year to honor the more than 2.5 million men and women who make upAmerica’s temporary and contract workforce.

To help better understand the contributions staffing employees and staffing companies make to businesses across the country in multiple industries, check out these statistics provided by the ASA.

• 2.58 million people are employed by staffing companies every business day.
• 9.7 million temporary and contract employees are hired byU.S.staffing firms over the course of a year.
• 79% of staffing employees work full time, virtually the same as the rest of the workforce.

The staffing industry offers flexibility to both employees and businesses:

• 66% of staffing employees say flexible work time is important to them.
• 64% of staffing employees report that their work gives them the scheduling flexibility and thetime for family that they desire.
• 90% of client businesses say staffing companies give them the flexibility to keep fully staffed during busy times.

Temporary and contract work provides a path to full-time employment:

• 88% of staffing employees say temporary or contract work made them more employable.
• 77% of staffing employees say it’s a good way to obtain a permanent job.
• 80% of staffing clients say staffing firms offer a good way to find people who can become permanent employees.
• 65% of staffing employees say they developed new or improved work skills through their assignments.
• 40% of staffing employees say they choose temporary or contract work to obtain employment experience or job training.

Staffing employees have positive views about their temporary or contract job experiences:

• Eight out of 10 temporary and contract employees work full time, about the same proportion as the overallU.S.work force.
• The number one reason staffing employees cite for choosing temporary or contract work was to get a permanent job.
• Flexibility and work experience were also ranked high.

As you can see, staffing agencies are an integral part of the American workforce and Express Employee Professionals is proud to be a part of the industry.

Five Questions to Ask in an Exit Interview

By Ashlie Turley

When an employee quits, it always adds more stress to your workplace, even if you’re glad to see them go. But, in the hustle of wrapping up projects, shifting duties, and searching for a replacement, don’t miss out on the opportunity to glean what could be the most honest feedback you’ve ever gotten from an employee. Exit interviews offer you the chance to learn what your workers really think of your business and its practices, and while it is too late to stop that particular employee from leaving, it does arm you with the information you need to increase the retention of your remaining staff.

Check out these five, must-ask questions to maximize your exit interviews and the information you garner from them.

What is your reason for leaving?

Basic as it sounds, you’ve got to start somewhere, and this is the best place to begin. Most likely you’ll receive a pretty basic answer such as better pay or more opportunities, but don’t discount what the interviewee says. As you talk with the exiting employee, you’ll be able to use their initial response as a benchmark to judge their other answers. And, you really do want, and need, to know why they’re leaving since employee turnover is on the rise and costing employers in productivity and profitability.

 Could your departure have been avoided?

Another reason you should conduct exit interviews is in an effort to learn of and address any harassment, discrimination, or retaliations taking place in the workplace. Their response may help you dig deeper into their reason for leaving and ensure there is no hidden causes that they’re afraid to talk about. It will also give you steps to take in order to hopefully stop other employees from leaving in the future.

What will your new position offer that your current one didn’t?

As the turnover battle heats up, you have to know what your competition is offering that you’re not. Certainly, there will be benefits or perks that you can’t offer due to financial or cultural reasons. But, at least you’ll know what you’re up against, and may even be able to make a few adjustments. For instance, you might not be able to offer a 36-hour work week, but you could offer a flexible work schedule of four 10-hour days.

What are we doing right?

This conversation shouldn’t be completely focused on bashing your company. You also want to hear what you’re doing right so you’re able to recognize your team’s strengths and can play off them as you work to retain other staff members and attract new employees. Most likely, every departing worker won’t give the same answer, but you’re goal is to look for and recognize patterns in their answers, both in what they do like and what they don’t.

Would you recommend this company to a friend?

This is a final shot at uncovering the employee’s reason for leaving, as well as how deep grievances run. There will always be turnover within every company, and some employees truly do leave on good terms, so this will provide insight into where they stand. If someone isn’t willing to recommend your business to a friend looking for work, there really is a problem that needs your attention.

Having that final conversation with a departing employee can be awkward, but don’t miss out on your chance to better your team and business. You might be surprised at how insightful, and helpful, the feedback could prove to be.

Fight Stress, Stay Healthy

The Japanese concept of “Karōshi” can almost literally be translated as “death from overwork.” The term first came into common usage in Japan during the 1980s after rising concern following the sudden death of several high-ranking business men who showed no signs of previous health issues. “Karōshi” has been attributed to a wide variety of stress-related medical issues, such as high blood pressure, heart attack and stroke, to name a few.

There have been extensive studies on the effects of stress on a workforce’s overall health and wellbeing. According to the American Psychological Association (APA), 54% of workers are concerned about health problems due to stress. And, Express Employment Professionals’ recent Hiring Trends survey showed that 88% of company leaders say their current work stress is as high or higher than last year. It’s a serious problem that companies and their employees are being forced to address.

So, how do you reduce workplace stress? There are a wide variety of techniques and countless books about eliminating stress in your life. But, the first and most important step is to know the warning signs of stress, which can vary between individuals. In a recent APA study, some of the most common indicators of excessive stress included fatigue, irritability, lack of interest or motivation, head and stomach aches and insomnia. So it’s important to find a stress reducing activity that best fits your symptoms and lifestyle to help eliminate tension and keep you healthy and happy.

Take short breaks
The human body wasn’t made to sit in one position and stare at a computer screen for eight hours a day. Make it a point to stand up and take a quick walk around the office every hour or two. Go grab a small, healthy snack. Say hello to a coworker. Or simply just stand up at your desk and stretch. Find a quick and simple activity you can do throughout the day to get your body moving and break up the monotony.

Make simple lifestyle changes
You can make a significant impact on stress levels by just making a few simple lifestyle changes. Take some time to clean and reorganize your workspace. Eat a healthy breakfast. Go to bed an hour earlier. Cut back on sweets or sodas. These aren’t major decisions, and you’ll be surprised how little it actually takes to make a noticeable difference in how you feel.

Get some exercise
Exercise can do wonders for your stress and anxiety levels. Just a half-hour a day a few times a week can make a huge difference in your stress level. The important part is finding an activity you enjoy so you don’t think of it as something you have to do. Whether it’s as simple as a walk through a local park, swimming laps at the gym or taking a yoga class, a little bit of activity can go a long way.

Use your vacation time
If you have vacation time, don’t be afraid to use it. Taking a few days here and there to escape the daily grind of the work week is one of the best ways to recharge your mind and body. By allowing time to focus on the most important parts of your life, like family and friends, you will return to work more productive and better prepared to handle stressful situations.

If you’re a leader at your company, it’s also important to keep a close eye on the overall stress levels of your employees. When you do notice a spike in stress, act quickly. There are a variety of tactics you can use to help ease some of the tension. You just need to be aware and understand what causes the build up in stress and then act accordingly.

Some examples of changes you can make on an organizational level to reduce stress could include:

• Redistribute employee workloads or hire new full-time or temporary workers to help take some of the burden off your current employees’ shoulders.
• Provide opportunities for fun and bonding outside of work.
• Open the lines of communication to be sure your employees understand their jobs and why they are important.
• Allow your employees to participate in discussions and decision making that affect the business.
• Help your employees define development goals to help guide their careers in the right direction.

The impact of stress on health and wellbeing can be profound and indiscriminate. Employees at all levels are prone to developing stress-related illnesses, and those who choose to deal with the issue head on are the ones who stand the best chance of overcoming it.

If It Were Fun, It Wouldn’t Be Called Work

Hello, I’m Lee Fossett, president of the West Palm Beach office of Express Employment Professionals staffing agency. Welcome to our new company blog.

You know, as a staffing professional providing Greater Palm Beach businesses with temporary help, permanent employees, payroll outsourcing and HR-related services, I don’t truly believe what the headline here says. I derive tremendous satisfaction from my job, making just the right staffing placements at all kinds of businesses across Palm Beach County. My profession is all about work—my own, the work of the employees we place and the work of the clients’ for whom we place that staff. If I didn’t enjoy the concept of work, I’d be one miserable individual.

But there is a situation where work can indeed become drudgery, and that’s when a particular position and the employee filling it equal a bad fit. The ripple effect of one poorly selected employee can affect not only office morale, but it can hurt a company’s bottom line.

That’s why businesses with or without HR departments have come to trust and rely on Express Employment Professionals. We take the guesswork out of new hires, whether temporary, professional or temp to perm. At Express we have a pool of qualified and experienced candidates at our fingertips. We know how to quickly define the needs of the client and then interview the most qualified candidates that exactly match the job description, both in skill set and demeanor.

What I hope you’ll take away from our new blog are employment facts and figures, laws and regulations governing workers and employers, tips for keeping employees happy, motivated and productive from the standpoint of both the worker and employer, and maybe even some of the lighter side of running a staffing agency. I hope you’ll come back often.