New Criminal Background Checks Regulations! What is the Impact for Employers and Employees?

Course Description:

Companies are understandably concerned about the safety of their workers and customers as well as their own assets and public image. But today, many employers are finding that the best approach to hiring individuals with criminal backgrounds is not so different from the hiring approach they use for everyone else: to evaluate each candidate on his or her merits. However, many Employers are considering reducing or eliminating the criminal background screening process. This is a mistake and could result in negligent hiring.

Before hiring a job candidate, screening the applicant’s background helps employers make safe and well-informed decisions about whether they will be a trustworthy and competent employee.

Criminal background check guide

Criminal background checks are often part of this process and may even be required for new hires if your company is in certain regulated industries or serves vulnerable populations, such as children, the elderly, or the disabled.

You might have missed it, but the prohibition against employers with federal contracts asking about a job applicant's criminal history—part of a defense funding bill signed in late 2019—took effect in the last days of 2021

Different searches might produce different records. For example, if an employer only searches a state’s criminal records repository, the employer will only receive information about any convictions and arrests that are contained in the state’s criminal justice system.

Employers might instead elect to complete nationwide searches to find criminal record information from multiple states or perform searches in every county and state where an applicant has lived. But what happens when Employers use social media as their screening process?

Why Should You Attend?

Employers who use criminal records in their hiring decisions need to be aware of applicable federal and state laws. Additionally, the Fair Credit Reporting Act (FCRA) governs how employers obtain and handle consumer reports, which include standard background checks. Legal compliance with these laws is key when considering formerly incarcerated applicants for hire. Many Employers are considering reducing or eliminating the criminal background check due to the labor shortages.

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Area Covered In The Webinar:

  • What new regulations about criminal background checks have been added to the Federal regulatory industry
  • Learn how criminal background checks are a critical part of onboarding and avoiding negligent hiring.
  • Learn what the negative implications are of using social media as a screening process
  • Learn what types of criminal background searches can put an Employer at risk
  • Learn what the impact is when Employers
  • Learn why regulations are protecting formerly incarcerated individuals in the workplace.
  • Learn what states have Ban the Box mandated protections.
  • Learn what the process is when conducting a criminal background check.
  • Learn what the requirements are when you rescind an offer of employment after learning about the results of a criminal background check.
  • What are the proper requirements if you reject a candidate after the results of a criminal background check

Who Will Benefit:

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Federal Contractors
  • Onboarding representatives
  • HR Professionals
  • Managers/Supervisors
  • Employers in all industries

Our Speaker

Margie Faulk

Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.

Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.

Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings.

Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

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