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October 2010 Newsletter
We are starting the fourth quarter with an exciting trip to Las Vegas for the Staffing World 2010 Convention. We will be hosting a booth in the convention center. Come visit us at booth #112.
Multi-State hiring processes might be required to change. New laws are emerging that directly obtain to the background/application procedure. Revising employment applications to make sure companies are in compliance with the new law, depending on the job description. Read the new requirements in the first article.
Privacy and Data Protection has always been and still is extremely important in the background industry. Private Eyes, Inc. makes sure that our company is up to date on all new privacy requirements and guidelines.
Many changes have been coming into effect with the new healthcare laws. Questions about Open Enrollment, changing plans can be answered by Stephen Miller in the third article.
Recently enacted legislation in Massachusetts will significantly affect employers' use of criminal history information for employment purposes. While most provisions of the new law (pdf) do not go into effect until February 2012, one provision, effective on November 4, 2010, requires the immediate attention of multi-state employers.
Multi-State Employers Must Revise Job Applications to Address New Massachusetts Background Check Law
This provision generally prohibits employers from inquiring in an "initial written application form" about an applicant's criminal history. Two narrow exceptions permit questions about criminal history if a federal or state regulation (1) disqualifies the applicant from employment in the open position based on a criminal conviction; or (2) bars the employer from hiring for one or more positions an individual with a criminal conviction. The second exception, as written in the statute, is ambiguous. It is unclear whether an employer who is barred from hiring a convicted criminal for certain positions may inquire into an applicants' criminal history on the initial employment application used for a variety of positions, including those that can be filled by a convicted criminal. This issue is particularly important for multi-state employers who use a standard job application form for all jurisdictions.
FTC Previews Forthcoming
Maneesha Mithal from the FTC Division of Privacy and Identity Protection recently spoke at the Online Trust Alliance Forum in Washington, DC and provided insights into the forthcoming FTC Report on Privacy. She cautioned that the Commissioners had not yet approved the Report, and that it may change, but said the following:
There are five fundamental findings about privacy that will be included in the Report:
- There is increased collection, storage and use of data.
- Consumers are largely unaware of the use of data, especially the practices of the data broker industry and behavioral advertising. Notice and choice has been a disaster.
- Consumers really do care about privacy.
- Innovation in the Internet economy is important, and free content that is provided through the collection of information also is important.
- There is a blurring of the distinction between personally identifiable information and non-personally identifiable information.
The Report will build on these findings, propose a new privacy framework, and will say "This is what privacy should look like".
There will be three major aspects of the Report:
- Privacy by Design, that includes privacy reviews, must be a part of all technology development that involves personal information
- There is a need to improve consumer choice, with just in time notices of collection practices
- There is a need for Improved transparency, even with just in time disclosures. Privacy notices will remain, but must improve (see e.g. the new GLB privacy notices sanctioned by the FTC)
For the full article, click here.
Open Enrollment Brings Higher Premiums, Plan Design Changes
While U.S. workers might be expecting a major overhaul to their benefits plans because of the health care reform law enacted in March 2010, most should see modest differences in what's offered during the fall 2010 open enrollment season, according to HR consultancy Aon Hewitt (formerly Hewitt Associates).
However, some changes employees will see-including cost increases, changes to dependent coverage requirements and stricter federal rules around flexible spending account (FSA) reimbursements-make it important for workers to take an active role in choosing their health benefits this enrollment season.
For the full article, click here.
Private Eyes, Inc.