In a recent article of the Sun Sentinel, it highlighted the inconsistencies in background checks for those working with our most vulnerable populations of people, children and the elderly. This was specifically directed at Florida, though I have seen this in many states. They are not only inconsistent with their practices, but it appears they are also relying solely on fingerprinting that can take weeks to return and has proven to have inaccuracies in its information.

With the availability of criminal background checks from a consumer reporting agency, there is no excuse NOT to check backgrounds. County and state level checks, in conjunction with the fingerprinting, will provide a thorough investigation on an applicant.

I’m not sure about you, but I certainly don’t want to send my children to a day care provider, nor have my grandma relying on care providers in her assisted living home, that haven’t thoroughly checked its employees.

Find the entire story at http://www.sun-sentinel.com/news/local/breakingnews/sfl-felons-house-speaker-b101209,0,7464346.story .

A resource for HR professionals in case they didn’t know.  This seams a little early for major elections but this refers to all voting days.  HR beware!

State-by-state list of employee Election Day rights.

This one made me think.  I have mixed feelings about the people who are sueing T-Mobile for back pay and OT because they were working outside normal hours on business.  On one side, if T-Mobile was requiring them to work after hours AND punished them for not working then they did push the envelope and should be in hot water.  On the other side, the culture of the young working professional is as such.  They perform these functions (working after hours, answering emails, responding the customers through their mobile devices) as a large part of their lives.  They are communicating with clients and potential clients through social media.  Why these professional do this is because most business is client driven and the clients know this all to well.  The most responsive and social business professional usually gets the deal.  Most of the time, it is not price the client is buying but the person.  T-Mobile must have really pushed this too far for them to get into this deep of trouble, but then I wouldn’t put anything past a lawyer and a disgruntled employee.

Dangers of letting non-exempt workers go home with cell phones.

Just thought you might want to know.  Useful if you are doing business with the Feds.  I am sure the list will expand in the near future.

Who has to use E-Verify? Complete rundown.

Question
We’re thinking about having a question on our job application asking if the applicant has ever been charged with a crime.

Is it legal to ask? Can the question cause problems?

ANSWER -> Answers to tricky HR questions: OK to ask about criminal charges?.

If you’re not careful you’ll miss the subtlety of the syntax of the answer.  Just as lady justice is blind, a charge does not mean a conviction.  A charge has no bearing on guilt just as guilt has no bearing on the conviction. Notice that guilt is really not part of the equation between charge and conviction. Guilt is ours to own and take up with our maker – the real victim. Whoa, that was deep – sorry.