Form I-9 and E-verify

Form I-9, E-Verify & US Employment Eligibility: What Small Businesses Need to Know

Employers often focus extensively on vetting candidates for suitability for the role they applied to during the hiring process. Screening for serious criminal records, conducting drug tests, and verifying the truth of someone’s claimed credentials are often all critical elements. However, employers cannot afford to overlook employment eligibility verification. With updates made to the Form I-9 process by the US Citizenship and Immigration Service (USCIS) and Department of Homeland Security (DHS) in 2023, it’s a critical time for employers to re-examine their procedures in this area.

For decades, employers in the US have been required to take specific steps to verify that employees are authorized to work in the country. The government created Form I-9 to manage the verification of identity and authorization to work in the US Later, the E-Verify system for electronic status confirmation became available as an optional addition to the employment eligibility verification process, with some employers now being required to use this system.

Although you don’t file Forms I-9 directly with the government, you must keep them on file for all US employees. The government could inspect these files anytime; non-compliance can be costly and damage your company’s reputation. Small business owners must understand these requirements and the resources available for meeting them.

This page breaks down all the essential facts, from why we must verify employment eligibility in the US to completing a Form I-9 as an employer. Good compliance practices can help protect your business and create a smooth onboarding process for all employees. Let’s review how you can begin to get there.

Vetting eligibility to work in the United States

There was not always a time when employers had an obligation to collect employment eligibility information and review identity and employment authorization documents. However, decades ago, legislation changes at the federal level led to the creation of Form I-9. Companies must meet their obligations in this area to avoid fines and other consequences.

Before we dig into the details about satisfying your obligations in this space, we should discuss where these requirements originated and why they matter.

Why is confirming eligibility so important?

Confirming employment eligibility is vital because it keeps your company compliant with legal and regulatory requirements.

The government aims to enforce these provisions through periodic Form I-9 inspections. Employers must have a complete Form I-9 on file for each employee on their payroll who is required to complete the form, with each section completed within the designated timeframe and according to the instructions.

Maintaining non-discrimination best practices during employment eligibility verification

The United States has enshrined non-discrimination as an essential element of the workplace. Maintaining non-discrimination principles at all employment stages is critical, from recruiting and hiring to firing.

Employers are prohibited under federal law from discriminating against people based on several factors. These factors include the individual’s citizenship or immigration status and national origin. As it relates to completing Form I-9, for example, the Form outlines a range of documents that are acceptable to verify identity and work eligibility. You cannot create a different standard for different people based on citizenship, immigration status, or national origin, for example, by requesting additional or specific documents from someone or rejecting documents that reasonably appear genuine and relate to the individual. The USCIS website contains extensive information about unlawful discrimination, including a helpful table of discrimination types, which employers should read carefully.

Key items of employment eligibility legislation to understand

The law in this area has evolved, beginning with the Immigration Reform and Control Act of 1986 (ICRA). The IRCA led to the creation of Form I-9, which prohibits employers from hiring individuals without completing the employment eligibility verification process. The ICRA also prohibits employers from knowingly hiring unauthorized workers and discriminating against individuals based on their national origin and citizenship or immigration status in hiring, firing, recruiting, or referring for a fee.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was another reform that, in part, established the prohibition against discriminatory documentary practices in the employment eligibility verification process. The E-Verify system also began as a pilot program in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

The USCIS maintains a page that lists the federal statutes and regulations about the Form I-9 process. Employers are encouraged to review this page for additional details and a complete list of relevant legislation.

The government continues to periodically revise and update Form I-9 and the regulations surrounding it. The UCSIS’ Form I-9 Related News page is a helpful resource for employers to stay on top of updates to avoid missing essential changes or news.

Understanding form I-9 made simple

The purpose of this process should be clear: The government has established that companies must complete Form I-9 for all employees working in the US and were hired on or after Nov. 6, 1986. In addition to Form I-9, the newer digital E-Verify system is an optional addition to the employment eligibility verification process for most employers, although it is required for some. However, it is necessary to note that E-Verify is not a replacement for the Form I-9 process.

Since most employers do not face a requirement to use E-Verify, many—particularly small businesses—may choose to stick with only the traditional Form I-9 process for employment eligibility verification. You can review who must handle these documents, what mistakes to avoid, and a quick guide on filling out the I-9 below:

Who needs to complete Form I-9?

Is the employee the only person who needs to fill out Form I-9? Not exactly. Multiple parties must touch a single form, including the employer.

Employers must complete a Form I-9 for every individual they hire to work in the US There are two critical sections to know, with additional sections that only become necessary in some circumstances:

Section 1 is for your employee to complete and contains their information and attestation. Your employee must complete this section on their first day of employment.
Section 2 is for you, the employer, to fill out as part of your document review and the employee’s employment eligibility. You must complete this section within three business days of hiring the individual.
Supplement A of Form I-9 is necessary if the employee uses the assistance of a Form I-9 preparer or translator.
Supplement B is for use for reverifications or rehires.

For more information on each section of Form I-9, please see the “Completing Form I-9” section of the USCIS website.

A step-by-step guide to filling out Form I-9

Here is a high-level overview of the basic steps required to complete a Form I-9 for an initial employment verification, where only Sections 1 and 2 are required. Note that each scenario is unique, and this will not account for all of them. For more detailed information, consult the USCIS website and the Handbook for Employers M-274.

Step 1. The employee must complete Section 1 of the form. This section has two parts: a section the employee must fill in with their information and an attestation. In the first part, the employee must provide basic information such as their name, address, date of birth, and citizenship status. Section 1 must be completed no later than the individual’s first day of employment.

Step 2. The employer must complete Section 2. To do so, you must review the documents the employee provides from the Lists of Acceptable Documents. You may create copies of the documents if you wish.

Review the different lists of acceptable documents. List A includes documents that prove identity and eligibility, such as a US Passport. Only one List A item is necessary. Lists B and C verify identity and eligibility separately and respectively. Employees who choose to provide documents from Lists B and C must provide one document from each list.

Step 3. Once you have reviewed the documents and made copies, you must read and sign the attestation in Section 2 if desired. Section 2 must be completed within three business days of the employee’s hire date.

Step 4. Retain the Form I-9. For current employees, you must keep the forms on hand for the entire time they are on your payroll. Maintaining these forms for the designated period after you no longer employ the individual is necessary. For more information and to calculate the time you must retain an employee’s Form I-9, please visit the USCIS site.

Major mistakes to avoid

Always ensure that an employee fully completes their Form I-9 and does not leave out any required information. Do not assume that any provided documents are acceptable, but examine them to determine, to the best of your ability, that they’re genuine and relate to the employee who presented them.

Don’t procrastinate. Do not wait beyond the allotted timeframe for completing the Form I-9.

Beware of actions that might seem discriminatory. Remember that any genuine documents from A or a combination of one from List B and one from List C are acceptable. You cannot demand specific documents from the lists.

Ensure accessibility in your process. The I-9 form comes in English and Spanish. Only employers in Puerto Rico may legally file their Forms I-9 strictly in Spanish. All other US employers must use the English version but may provide the Spanish version as a guide to help employees understand the document and process.

When and how should you re-verify employees?

Sometimes, you will need to re-verify candidates using Supplement B of Form I-9, formerly called “Section 3.” Re-verification is required when an individual’s employment authorization or documentation of employment authorization has expired. For information on completing Supplement B for rehires and re-verifications, please see the USCIS page here.

The E-Verify program

In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act required the federal government to conduct pilot programs to identify the best way to verify an employee’s employment eligibility. Initially known as the “Basic Pilot Program,” one of these pilots was renamed “E-Verify” in 2007. E-Verify remains a free web-based system that supports employers’ employment eligibility verification processes.

Some business owners may find the E-Verify process confusing and complex. Let’s unravel the mystery and explore why this solution is a valuable tool, even for employers who aren’t required to use it.

What is E-Verify, and how does it relate to Form I-9?

The E-Verify program, administered by the USCIS and the Social Security Administration, provides an easy way to confirm a candidate’s employment eligibility using the information they provide on their Form I-9. In general, the program is voluntary except where otherwise required. Some public and private employers may be required to use E-Verify under federal or state law or regulation.

E-Verify does not replace Form I-9, nor does it fulfill your obligation to maintain a record of an employee’s Form I-9. Think of it as a supplement to the Form—ensuring you use every tool available to verify your employees’ employment eligibility. Even for employers that don’t face a mandatory requirement to use E-Verify, there are excellent reasons to consider doing so.

The advantages of combining E-Verify and Form I-9

E-Verify is free; results are typically almost instantaneous when submitting a case. Running E-Verify helps add an extra layer of assurance that your employee is authorized to work in the US It provides peace of mind for employers who want added compliance assurance. While you cannot rely on E-Verify to replace your Form I-9 process, it is a robust, reliable service that may provide valuable help to your business.

How to set up and use E-Verify as a small business owner

The process is surprisingly simple if you wish to voluntarily enroll your small business in E-Verify or need to do so to meet requirements. You can complete the process with the correct information in a few simple steps. To get started, you’ll need to have information such as:

Which hiring sites will use E-Verify
How many employees you have
Your NAICS code
Contact information for specific stakeholders
Company information, such as legal name and EIN.

Visit the E-Verify website for a full enrollment checklist to help ensure you have all of the information you need to enroll ready before beginning the process.

Next, you can begin the enrollment process. This process has several steps, starting with visiting the enrollment site and accepting the terms of use. At some stages of the process, you will be asked to provide information, such as your employer category, company details, and the number of hiring sites you have that will use E-Verify. You must also register at least one E-Verify administrator and agree to and sign a Memorandum of Understanding. If you are considering enrolling in E-Verify, visit the E-Verify site for a complete list of the steps involved in the enrollment process to ensure you are prepared before you begin.

Once the enrollment process is complete, you’ll be set up and ready to begin running employees through E-Verify.

Common E-Verify myths and misunderstanding

Myth: E-Verify adds expenses to your business.

Reality: This process is free and is often instant. The extra time it takes in the hiring process, as is the cost impact, is typically negligible.

Myth: E-Verify users don’t need to keep Forms I-9 on file.

Reality: Form I-9 is still a requirement even when you use E-Verify. E-Verify can supplement – but not replace – Form I-9 in your US employment eligibility verification process.

Myth: E-Verify is not a business-friendly service.

Reality: E-Verify was designed to be easy for businesses to use. It relies on employee-provided information, offers 24-hour access with only a web browser, and delivers its results instantly. It simplifies fraud detection with photo matching, and online tutorials create a gentle learning curve. When businesses need support, a dedicated team of customer service agents stands by to help.

Employment eligibility verification best practices to know

As a business owner, you will encounter diverse people seeking jobs. The Form I-9 requirements don’t mean you must only hire US citizens. Remember, it is all about verifying identity and authorization to work in the US

Navigating compliance in this space can sometimes prove stressful, but it doesn’t have to be. A clear understanding of your responsibilities and a plan for implementing best practices make a big difference. Here are a few things to know.

Your responsibilities as an employer

You should familiarize yourself with Form I-9 and the List of Acceptable Documents that accompany it. You should also familiarize yourself with the timeframes in which the Form I-9 must be completed and ensure compliance. You do not file Form I-9 directly with the government. Instead, you must keep it on file and ready for review should you be subject to a Form I-9 inspection. For more information on storing Forms I-9, please see the “Retention and Storage” section of the USCIS website.

The USCIS makes a wide range of Form I-9 resources available for employers. Employers must review the Handbook for Employers M-274 and the USCIS’ I-9 Central.

Remember that some employers are required to use E-Verify in addition to Form I-9. It is advisable to review all laws applicable to your business and consult legal counsel to help ensure your organization’s compliance.

What are the penalties for non-compliance?

Falling afoul of the laws and regulations that mandate employment eligibility verification can be very costly to a company’s reputation and finances. There are good reasons to be very strict about enforcing and following your Form I-9 policies and doing so without any trace of discrimination. What can happen if you violate the law? Some of the consequences can include:

Debarment from, or the total loss of the ability to take government contracts
Monetary fines
Court orders to provide back pay or to hire individuals discriminated against in the hiring process

If the government determines your business engaged in a pattern of hiring (or recruiting or referring for a fee) unauthorized non-citizens, there may also be criminal penalties. You can find a complete list of penalties and a schedule of monetary fines on the USCIS Form I-9 penalties page.

Maintaining accurate records and preparing for inspections

Make every effort to ensure that Forms I-9 are correct and complete the first time an employee completes one. You or your authorized representative should fully understand how to complete the employer sections of the document. Once completed, you should securely store the documents in the location designated for your organization.

If you receive notice that you will soon face a Form I-9 inspection, don’t panic. Review the Notice of Inspection and any available government resources, including the Handbook for Employers M-274 Inspection section, to better understand the inspection process. To remain prepared for an inspection consistently, you should consider periodically conducting a self-audit of your Forms I-9.

Always be transparent with your employees about their obligation to complete an accurate Form I-9 during the hiring process. Also, educate staff about their rights and responsibilities and available resources. Demonstrate your commitment to non-discrimination and fair hiring practices by being open with employees about your process and what obligations you must fulfill.

How long does Form I-9 remain valid?

Form I-9 undergoes periodic revisions and changes. When a new version of Form I-9 is released to the public, the old version may become invalid for future use. If this happens, you must begin using the new form for employment eligibility verifications as instructed by USCIS. For more information to ensure you’re using the current version of Form I-9, please visit the USCIS website.

In some cases, you may hire an individual with a temporary work authorization or whose employment authorization documentation expires. In this situation, you must re-verify the employee’s eligibility using Supplement B. When hiring temporarily authorized individuals, keep track of when their documents expire and be ready to ask for updated paperwork. For more information, please see the USCIS page on completing Supplement B.

When and how should you self-audit your Form I-9 compliance?

If you’ve never self-audited your existing Forms I-9 now may be the ideal time to do so–before you experience an actual government inspection. Employers may consider conducting self-audits regularly based on their hiring pace.

Auditing helps you detect common mistakes, such as candidates who skip a box in Section 1 or cases where you did not fully complete Section 2 as the employer. You do have the opportunity to correct these mistakes

if you find them. For information on the process for correcting errors identified on a Form I-9, please review the USCIS page on Self-Audits and Correcting Mistakes.

A periodic self-audit and error correction process can help ensure you remain compliant and readily accommodate the government taking a closer look.

Navigating today’s challenges in this Space

The landscape of how we work has undergone significant changes in recent years, which continue to create many challenges for small business owners. Those difficulties are apparent in the Form I-9 process, where issues such as remote work can develop roadblocks you’ll need to navigate.

Let’s unpack a couple of possible difficulties and explore how you can strategize solutions that make a difference.

Watch out for these Form I-9 and E-Verify pitfalls

There are numerous challenges brought on by the complexities of the shifting landscape in this process facing employers today. What are some of the substantial challenges you should know about today?

Completing the Form I-9 for remote employees is one potential area of trouble. Many companies have begun using employees who work from home or do not reside in the same locale as the office. Now that the COVID-19 temporary flexibility related to remote document examination have expired, how can employers continue to use remote workers?

If feasible, you may still ask your remote workers to visit the office to complete the form in person. However, a new Form I-9 format and associated DHS-authorized alternative procedure issued in 2023 offer an additional option for some employers. Under the alternative method, you can continue conducting remote document examination if your business participates in and is in good standing with E-Verify.

The USCIS has dedicated a webpage to these newly authorized procedures for remote examination of documents. Employers considering implementing a remote examination procedure are encouraged to review this page and the alternative method published in the Federal Register to determine whether they are eligible and understand the required process.

What are some other common problems?

Incomplete information is a persistent problem for many employers. An employee might forget to enter accurate name information, date of birth, or address. Employees might forget to sign the document. Similarly, employers might leave out important information in their section. Inspecting the form before storage, if using a physical document, helps you spot these issues early and make corrections. An electronic I-9 process that won’t allow submission without complete information can also eliminate this concern.

Employees might not complete the form by the appointed deadline, the first work day. Employers should develop procedures to collect this information quickly after a candidate accepts an offer and begins onboarding. When possible, don’t commence an individual’s employment until you’ve completed all the necessary paperwork.

Finding official government support and guidance

Confused? The Form I-9 process can seem daunting or overly complicated. The good news is that there are plenty of resources you can use to understand your next steps at any stage. Likewise, consulting with legal counsel who clearly understands this area can be valuable in helping you craft your policies.

The USCIS provides an I-9 help center to help you make sense of the problems you may encounter. The Handbook for Employers M-274 also contains valuable information that all employers are encouraged to review. Available Monday through Friday, you can contact the USCIS for support by phone or email. Visit their official website for more information.

The E-Verify website also has many resources, including guidance on enrolling and insights into the verification process. You can also review an in-depth FAQ with answers to many common concerns.

Additional Resources

Iowa Lawmakers Re-Evaluate Background Checks for Nursing Home Workers

In the state of Iowa, the law that requires nursing home workers to go through background checks is fourteen years old and many believe these requirements are outdated and need an update. A new bill has been introduced into legislation that would alter the way that background checks are done on nursing home employees. These new changes are supported by both state regulators as well as by the nursing home industry.

Currently the background check done on new nursing home workers only takes a few seconds and is simply an initial search for records. If there are no matches for felonies, certain misdemeanors or abuse, the job applicant can be hired at that time. If there is a match during the few seconds that the background check is going on, the applicant will go through a more stringent process where it will be determined how serious the previous crimes are and if these crimes would be detrimental to the position or would lead to putting patients in danger.

Though this background check system is thorough, each time a person switches agencies or gets a new position, they must go through the background check again, including the extra work if any crimes are found. This wastes a lot of time and money as it is estimated that about 22% of all applicants need to go through the second background check. Lawmakers in the state believe that eliminating the second check and focusing on automatic elimination on some results would be a more efficient process when checking the backgrounds of potential hires.

Another way to streamline the hiring process would be to partner with a third party background check company like backgroundchecks.com. Due to the enormous volume of searches they perform they have already perfected the re-verification process of instant searches that result in hits and brought the research time down to just a few days instead of a weeklong process. During that re-verification backgroundchecks.com can also apply standardized grading criteria so that offenses that would NOT lead an applicant to be barred from working in an Iowa care facility would be removed. That way the nursing homes would know that in the final reports they would only be looking at criminal records that according to predefined criteria would typically lead the nursing home to bar the applicant. Saving the nursing home time and ensuring the consistent application of screening standards within and across nursing homes in the state of Iowa.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.desmoinesregister.com/article/20120213/NEWS/302130026/-1/groupblogs/Bill-would-alter-background-check-process-care-centers

Kenneth Morales • February 20th, 2012

Are Universities Doing Enough When it Comes to Background Checks

Ever since the Penn State and Syracuse scandals came to light, colleges and universities across the country have been asked if they are doing enough when it comes to background checking their staff. One of these universities, Indiana State University, is really asking themselves that question as over the past two months three ISU employees have been arrested. Though the university states that all employees went through a background check and that the arrests are not related to their policy, there appear to be several employees who have been hired that have backgrounds that are less than desirable.

The current policy at ISU states that all new employees of the university are put through background checks including student employees who have access to sensitive information. However, these background checks are only done when an employee is hired and never again. In the case of ISU, they would benefit from hiring a third part background check company like backgroundchecks.com that would be able to offer specific products to enhance the way they are checking their existing employees. Products like their Ongoing Criminal Monitoring service can be added to traditional background checks to monitor for the occurance of new criminal records. ISU would be notified of any new criminal record that appeared for an employee's name.

Source: http://www.indianastatesman.com/news/background-checks-can-isu-do-more-1.2776783#.Tzj5CFFAXK4

HubSpot System • February 16th, 2012

Chicago Daycare Hires Sex Offender Even When They Knew His Background

A registered sex offender has been working at a Chicago area day care without the knowledge of parents, the community or other employees. Eric Ellis, the employee in question, was hired by the day care through a temp agency. Though Ellis worked in the kitchen and had no access to children, as soon as the management found out about the history of Ellis, they immediately removed him from the property.

Ellis states that both the day care center and the temp agency knew of this background as he informed them both. The day care, on the other hand, states that they only hire temps when regular employees are sick. They rely on the temporary agency to do the background checks on these employees. The day care does not do the background checks on temporary employees themselves, though they do background checks on permanent employees.

Parents had mixed thoughts about Ellis being inadvertently hired by the day care center. Some were understandably upset and are considering removing their children. Others, though happy that Ellis was quickly found, believe it was an honest mistake and do not hold the day care responsible. Both sides believe that the day care needs to re-evaluate the way they get employees, even those through background checks. Though the day care relies on the temporary agency to perform the background checks, they may consider taking a closer look at the results.

It is true that the temporary agency does background checks, but the day care did not take on the responsibility to actually look at the results of the background checks in question. It may be difficult to place blame in this situation as some would say the temporary agency is at fault for not informing the day care center of Ellis’ background and others would say the day care is to blame as they did not take the responsibility to check the background of Ellis themselves. Both agencies should likely re-evaluate their practice in this situation.

There are many third party companies like backgroundchecks.com who perform background checks instantly and have products like a US Offender OneSEARCH that can search through records in seconds. It contains records from all 50 states and US territories like Puerto Rico, Washington DC and Guam. If the day care in question had considered an option such as this, it is very possible that this entire situation could have been avoided.

Kenneth Morales • February 15th, 2012

Schools Move to Require Background Checks for Volunteers

In a move that follows many other schools, the Parsippany, NJ Board of Education has made the decision to consider performing background checks on volunteers who have the chance to work closely with children. New Jersey recently made it law to require all members of the Board of Education to undergo background checks and it seems as if the momentum is continuing down the line to include volunteers. The volunteers who would be covered under this requirement would be both those who work in the classroom as well as those who work in after school activities like sports coaches.

Though many are supportive of these changes, others have concerns like cost. The cost of these background checks would have to come out of the schools budget. Another consideration is parents not wanting to go through the hassle of getting a background check done. Some feel that it could deter parents from interacting with students in school which is needed for not only support of the school, but for building relationships.

Should the school decide to go through with this, companies like backgroundchecks.com are able to provide services for full background checks and can also offer products like US Offender OneSEARCH which can search offender databases all over the US.

Source: http://parsippany.patch.com/articles/boe-again-takes-on-issue-of-background-checks

Should Door-to-Door Salesmen Under Go Background Checks? Some Say Yes

The city of Huntsville, AL has a proposal on the table that would require door-to-door salesmen to undergo a background check and have to carry a city ID if they want to legally sell their wares. The goal of this move is to not only keep residents of Huntsville safe, but to also weed out anyone who may be selling illegally or selling unsafe products door-to-door.

It is important to note that these background checks would only be required for those who are commercial sales people and professional fundraisers. The background checks would not be required of school children, girl scouts, political candidates, and charitable or religious groups. The proposed legislation in the city would look at the criminal background of each door-to-door salesperson and make a determination based on their background if they will be given an ID card from the city of Huntsville. This ID card would need to be worn continuously and shown when the salesperson approached a home. There would also be a provision added which would make it illegal for them to approach a home with a “No Solicitation” sign. Violators could be subject to a fine of up to $500 and/or spend up to six months in jail.

Should this legislation pass, it seems that those who are ex-convicts or who are paroled would be unable to participate in this program. Even certain misdemeanor crimes would be considered disqualifying events.

The city of Huntsville says they simply want to keep their residents safe, and this is one way that they can go about it. Should a sales person who previously received a city ID card be convicted of a crime, they would immediately lose their ID card and be unable to keep selling in the city limits.

Companies like backgroundchecks.com can be useful to cities like Huntsville who may be considering a move such as this. Not only can backgroundchecks.com perform these checks, they can offer products like Ongoing Criminal Monitoring that would let the city know, immediately, if one of these sales people were indicted or convicted of a crime. This would help the city keep track of who is out on their streets and interacting with their residents.

Source: http://blog.al.com/breaking/2012/01/huntsville_considering_backgro.html

Commentary on E-Sign and the FCRA

Kmart was recently sued in a class action based on the idea that, under the FCRA and the separate federal E-SIGN Act, an electronic signature is not allowed on an authorization. A leading law firm’s FCRA blog discusses the plaintiff’s faulty logic, available at http://www.strasburger.com/fcrablog/template_permalink.asp?id=676.

Taxi Drivers to Go Through Background Checks to Ensure Public Safety

A bill has been introduced that will ensure taxi drivers in certain areas are subject to background checks before renewing their licenses. there is no law or policy that forces taxi drivers to get their backgrounds scrutinized but if lawmakers have their ways, this will soon change.

Not only will this change of policy protect the public, it will standardize the way cities across the nation hire their cab companies and drivers. The plan is for licensing authorities to make the final call when it comes to granting a license to be a cab driver based on the results of the background check. In many cities, people rely on taxi’s for transportation and when they know the have gone through criminal background checks, they will feel better about taking cabs. Protecting the public is one of the main reasons these checks are being done.

Cities that will bring this policy into their borders can choose to use a third party processor like backgroundchecks.com in order to get the checks done. backgroundchecks.com has products that would be perfect for checking the background of taxi drivers including instant criminal checks and motor vehicle record checks. The information from these types of companies can be to cities and companies who hire taxi drivers.

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about ’ offerings, please visit www.backgroundchecks.com.

Kenneth Morales • February 13th, 2012

Fire Department May Require Background Checks for New Employees and Volunteers

Some cities in the nation are taking steps in order to fully protect citizens. For example, the city of Coatesville, PA is considering putting employees and volunteers from their fire department through full criminal background checks. In Coatesville, there are currently both full time and volunteer firefighters. The new policy, if passed, would only apply to new volunteers and employees, not those who are already serving. One of the main reason the city is considering this change is so full time employees and volunteers will be going through the same process when it comes to background checks.

Though the idea is certainly out there, the city is currently forming an exploratory committee as to decide what will be checked and how extensive these background checks would be. It is important when checking the backgrounds of all employees and volunteers that all of them go through the same process.

The city of Coatesville states that there was no single event that caused this idea to take hold, but there is a history of issues when it comes to the fire department and their lack of background checks. One example is the case of Robert Tracey, who was a volunteer fire fighter. He was serving as the assistant Fire Chief of the city when a series of arsons took place. Tracey was convicted of the arsons. After his arrest it was found that he had a history of arson as well as two counts of writing bad checks and two counts of theft. He had never been subject to a background check until he was arrested. The fire department has never said that this case is the cause of the move towards background checks, they only say they wish to move in a positive direction.

Companies like the Coatesville, PA fire department can continue to move in a positive direction when it comes to background checks by using the services of third party companies like backgroundchecks.com. The company backgroundchecks.com have a lot of different products, like Ongoing Criminal Monitoring which would be a great idea for the fire department since they are only planning on performing background checks on those who are new hires. This would allow the department to be notified if any of their employees or volunteers are indicted or convicted of any crime. Keeping the residents of Coatesville safe from fires is one job of the fire department and now they are also moving towards keeping them safe from criminals.

Source: http://dailylocal.com/articles/2012/02/01/news/doc4f29ce103245e156859826.txt?viewmode=2

Should Poll Workers Get Background Checks

With presidential primaries and caucuses looming in many states, plans for the next election cycle are in full swing. Many polling locations are planned to be in schools and the city of Madison, WI has something to say about that. They want all poll workers, who will work in one of their city schools, to go through a background check before being allowed to work on Election Day.

Currently the city is looking into ways to get the background checks done, as well as the criteria that will be used in order to make a decision on who can work in a school and who cannot. The question has also been raised asking if all poll workers should be subject to a background check or just those working in schools. The city of Madison has over 2000 poll workers and over 200 of them are scheduled to work in schools throughout the city.

At this time, poll workers are not subject to any type of background check, though they are required to take an oath and attend a training course. If the city of Madison is going to get this enacted, they are running out of time. The primary in Wisconsin will take place on February 21 and the next election is April 3.

It is important to note that the school districts plan to begin putting poll workers through background checks is not caused by any specific incident, it is only to get in line with school policies and procedures when it comes to employees and volunteers. Since poll workers will be in the school and will technically have access to children, it is important, according to the school, for these workers to go through the same process. The district also states that putting poll workers through background checks will bring a greater sense of safety in schools as well.

Organizations that are planning on doing large volume background checks may want to consider using a third party background check company like backgroundchecks.com. Not only can backgroundchecks.com perform background checks quickly and easily, they can handle high volume business accounts. In addition to doing traditional background checks, they have several products available that will give companies an even better overview of employees and volunteers. One of these products is called the US Offender OneSEARCH which should always be done when someone will be working around children. Taking care to check the background of anyone who is in contact with children is the safest way to conduct business.

Source: http://host.madison.com/wsj/news/local/govt-and-politics/school-district-wants-madison-to-do-background-checks-on-poll/article_248aec5c-45b7-11e1-bfbf-0019bb2963f4.html

Kenneth Morales • February 9th, 2012

backgroundchecks.com Legislation and Compliance Update: FTC Warning: A Consumer Report is A Consumer Report Even if You Think It’s Not_1229

The Federal Trade Commission warned several mobile app makers that their products may be consumer reports. According to the FTC’s website, these app makers all performed instant database checks into individual’s criminal histories. The FTC noted that this information, if used for employment purposes, is a consumer report. The on an app that it is not for employment purposes. Instead, the FTC said it would look to indications of actual use, such as where the mobile apps were advertised and who was on the app-makers’ customer lists.

This is who use anything other than a regulated consumer reporting agency for their background reports. (whether mobile apps or websites) . The FTC points out that a consumer report is a consumer report, regardless of whether the companies providing or obtaining it think so. The FTC is absolutely correct.

At a minimum, the FTC and plaintiffs’ lawyers would be able to show a violation of 15 U.S.C. § 1681b(f)(2), which prohibits anyone from obtaining a consumer report without having first certified to a consumer reporting agency the purpose for which the report will be used. Most likely, they would also be able to show a violation of:

· 15 U.S.C. § 1681b(b)(2), which prohibits anyone from obtaining a consumer report for employment without having first told the subject that that it will obtain a consumer report and having obtained the subject’s authorization;

· 15 U.S.C. § 1681b(b)(3), which requires anyone intending to take adverse action based on a consumer report obtained for employment purposes to give a specific notice before taking that action, and

· 15 U.S.C. § 1681m, which requires anyone who takes adverse action based on a consumer report to give a further notice about the action.

It seems probable that the FTC would show this to be a knowing violation, which would entail . More significantly, plaintiffs’ lawyers would show this to be willful, which means that the employer would be liable for

Using a regulated consumer reporting agency like backgroundchecks.com avoids this particular problem. More importantly, it assures employers that the reports on which they make critical hiring decisions were prepared by a responsible agency using processes designed to produce accurate, complete, up-to-date reports. When another service – whether mobile or web – disclaims the FCRA, that is a sign that the report may be too unreliable to be used for hiring.

Kenneth Morales • February 8th, 2012

Boston Prep School Hired Registered Sex Offender to Work with Children

In Boston, the New England Conservatory has recently been under fire for hiring a registered sex offender and having this man on their staff for ten years. Peter Benjamin, who is a freelance videographer, has worked for the prep school by videotaping numerous concerts, performances and rehearsals involving the children of the school. When he was hired, he was not given a background check.

If Benjamin had been giving a criminal background check prior to being hired, it would have been noted that he had spent five years in prison in the 1990’s after being found guilty of sexually abusing teen boys. Though the school has a policy that prohibits the hiring of convicted sex offenders, Benjamin was able to slip through the cracks. He was hired on a freelance basis by the director of the youth philharmonic orchestra at the school Benjamin Zander. Zander would have been in charge of getting the background check done on Benjamin, something he failed to do. Zander has subsequently been fired recently for failing to ensure Benjamin had gone through a background check even though he know about Benjamin’s background.

What makes this even more troubling is not only was Benjamin not required to go through a background check ten years ago when he first started freelancing with the school, he was not put through a background check in 2010 when the school put in a firm policy about background checks for all of their volunteers, vendors and staff. In fact, besides Zander, school officials only found out about Benjamin’s background through an anonymous tip. Parents and the community, of course, were outraged and the school has received over 6000 letters of protest.

This is a situation that easily could have been avoided by ensuring that Benjamin had gone through a background check before being hired. Companies all over the US are upping the amount of background checks they give and with the help of companies like backgroundchecks.com, they are able to stop potentially dangerous situations before they even have a chance to happen. Though there are no accusations that Benjamin has done anything wrong since working for the school, the chance alone is too much for most people.

backgroundchecks.com has several products, like their US Offender OneSEARCH which could have told the school about Benjamin’s past instantly. Not only could it have given the school information on Massachusetts, it is able to search all fifty states.

Drug Roundup at Elementary School Yields Criminal Janitor with No Background Check

Late last month January, Beaumont Independent School District in Texas performed a routine drug roundup in their schools. Though it is not unusual to find a hit or two in the local high school, it was a surprise when a hit was found at Caldwood Elementary School. It wasn’t a student who had drugs on them, but the janitor, Darrel Patrick Clover Jr. When arrested and booked, it was found that Clover, age 32, has a lengthy criminal background, including six misdemeanor drug charges. He has never undergone a background check and has been employed at the school since 1998.

According to the Beaumont Independent School District, non-certified employees, basically anyone who is not a teacher, who was hired prior to January 1, 2008 was never required to go through a background check. The school district had no idea who was working in the same facilities with students. Even though these employees, including janitors, cafeteria workers and secretaries, do not work directly with students, they still interact with them on a daily basis. Parents question if the school district has the best interest of the students in mind with this policy on background checks. The school has stated that Clover has been suspended and that another policy states that any employee found with drugs will be met with criminal charges.

Clover, who had marijuana on him at the time of the arrest, has not yet been charged, but since he was found with drugs in an area that is certified to be a “drug free zone”, it is likely he will be charged with felony drug possession. This recent even raises the question of why all employees who have access to children in a school has not gone through a background check.

In this day and age, it is extremely easy and affordable for companies to get background checks done on their employees. Companies like backgroundchecks.com offer instant information for many types of records including criminal records by county, state and even on a national level. backgroundchecks.com offers many packages and products that can be beneficial for companies and organizations to look into like their Single State OneSEARCH which will pull information from one state and may include information from such places like the Department of Corrections and county courts.

Choosing a third party to do background checks could have prevented this from happening and would have given the school a better idea of who was interacting with their students.

Source: http://www.kcentv.com/story/16551081/parents

Should Employees be Responsible for Self-Reporting Crimes?

Some employers, such as the University of Georgia system, are relying on employees to self-report any crimes that they commit while working for them. Unfortunately, as many would expect, this is a flawed system of reporting. Even if an employee of the University of Georgia is arrested, how many of them would actually report that? Surely there may be a few here or there, but overall, a majority would likely not report the incident, which is exactly what happened to Rudo Kieft, a professor in the Department of Biochemistry and Molecular Biology.

Kieft was arrested on November 30, 2011 for DUI in Athens, GA, but was released soon after the arrest. He missed no work, nor did he report the incident to the University, even though the policy was to do just that. In fact, at this time, the University of Georgia doesn’t even have a policy or any direction on what to do when this situation occurs. In the situation of Kieft, it was simply a fluke situation and not one that was being actively sought. There is no way to tell how many other employees of the University of Georgia may have been arrested or convicted while in their employ, nor any information on what crimes they may have committed.

It is important to mention that the University of Georgia does have a policy to perform background checks on their employees. In fact, a very thorough and complete background check is done upon hiring on each and every employee. However, these background checks are only done when the employee is hired. The employee could work with the University for 15 years, for example, or more, and never have to go through any background check again, which can be dangerous. Periodically running background checks on present employees can help ensure the safety of other employees and will keep the organization a safer place for students and employees alike.

Companies like backgroundchecks.com are able to not only provide extensive and thorough background checks on new and present employees, but they also have a product called Ongoing Criminal Monitoring. This product of backgroundchecks.com is recommended for employers like the University of Georgia who wish to know about arrests made while someone is working for them. The product works by notifying the employer anytime one for their employees are arrested. It can be an extremely important tool for companies to use in order to keep their employees and others safe.

Source: http://redandblack.com/2012/01/26/univ-expects-employees-to-self-report-arrests/

If Companies Hire Convicted Felons, There Could be Consequences

A fast food restaurant known as the Flying Biscuit Café is under fire right now for hiring a convicted felon. The restaurant hired convicted felon Mark Anthony Cox. Cox was a relatively new hire when he attacked and murdered a pregnant restaurant manager. He then robbed the restaurant and fled. Cox had served time for robbery and breaking and entering. He was released from prison in November, 2011 and began working at the fast food restaurant 2 weeks after his release. The restaurant did not perform a background check on Cox before he was hired, so they were unaware of his arrest and conviction.

HubSpot System • January 30th, 2012

Tennessee employers required to collect documents or use E-Verify database

Tennessee employers are required to demonstrate that they are hiring and maintaining a legal workforce under new requirements that became effective January 1, according to Tennessee Department of Labor and Workforce Development Commissioner Karla Davis.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.

Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act (H.B. 1378) requires employers to verify the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:

A valid Tennessee driver's license or photo identification
A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee
A birth certificate issued by a U.S. state, jurisdiction or territory
A U.S. government issued certified birth certificate
A valid, unexpired U.S. passport
A U.S. certificate of birth abroad
A report of birth abroad or a citizen of the U.S.
A certificate of citizenship
A certificate of naturalization
A U.S. citizen identification card
A lawful permanent resident card

The law also requires employers to obtain and maintain a copy of one of the above-listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s or services.

The employment verification provisions referenced above will be phased in as follows:

All state and local government agencies must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
All private employers with 500 or more employees must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
All private employers with 200 to 499 employees must and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012
All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013

The Tennessee Department of Labor has authority to impose penalties for non-compliance. For a first violation, $500 for each employee or non-employee not verified; for a second violation, $1,000 for each employee or non-employee not verified; and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.

Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.

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