Notice to New Jersey Employers: Bills Protecting Unemployed Job Applicants and Bolstering Their Rights Approved by N.J. State Senate

Bill S1440 has been approved by the New Jersey Senate Labor Committee. This bill specifically restricts employers, as well as their agents and representatives, from basing employment decisions regarding hiring, compensation, and the terms conditions or privileges of employment on an applicant’s unemployment history.  An identical bill A2910 is currently awaiting a vote by the state’s General Assembly Labor Committee.  The bills must be signed by Governor Christie before becoming law.


The bill does NOT prohibit employers from:

  1. Asking job applicants questions surrounding his/her separation from previous employment.
  2. Basing employment decisions on an applicant’s job-related qualifications, such as professional or field experience, training level, or relevant professional or occupational licenses.
  3. Only considering or giving preference to current employees in the application process.
  4. Using an applicant’s actual amount of work experience to determine his or her compensation level, as well as other terms and conditions of employment.


Fines for employers in violation of the law will start at $1,000 for a first violation, and increase to $5,000 for a second violation and $10,000 for each violation thereafter.


The Senate Labor Committee also approved bill S153, called the “New Jobs for New Jersey Act”, that would give businesses with 100 or fewer employees tax credits for hiring workers who have been unemployed for at least a month.  The credits would be equal to the full amount the company paid in payroll taxes for the employee.

Survey Results on How Organizations Use Social Media in the Hiring Process

social-media-icons-previewThe fact is social media is here to stay!  Today, the U.S. workforce consists of 36% of millennials (30 years of age and younger) and they will account for 75% of the global workplace by 2025 (according to the Bureau of Labor Statistics).  This group has grown up actively communicating via social media.  Therefore, use of social media is, and will continue to be, a workplace communication mainstay.


Organizations currently use social media for public relations, branding, marketing, internal and external communications, recruiting, organization learning and, more recently, for screening potential job applicants.


The subject is so prevalent for organizations, that social media engagement was the subject of a SHRM 2013 survey.  I think you will find the results interesting.


  • 77% of organizations surveyed use social networking websites to recruit potential job candidates.
  • 20% of organizations surveyed use social networking websites, such as Facebook, for screening potential employees.
  • 57% of organizations surveyed have no formal or informal policies regarding use of social media for job screening.
  • 28% of those organizations plan to implement a formal policy in 2013.


Social media offers many benefits to organizations but there are currently no definitive best practice standards. The EEOC is currently getting involved.  But, to minimize risk until best practice standards are developed, organizations should remember that the same compliance, legal and ethical principles that apply to other employment practices should also apply to social media.

Update on Medical Services Background Checks in New Mexico





bj_NewMexico-pptOn March 8th, New Mexico Governor Susana Martinez signed S.B. 98, which amends sections of the New Mexico Emergency Medical Services Act to provide for criminal history background checks for individuals applying for licensure to provide medical services. The bill also states that an applicant or licensee whose license is denied, suspended or revoked, or who is otherwise disciplined based on information obtained in a criminal history background check, shall be entitled to review the information and to appeal the decision.

Pending Florida Legislation – Use of Credit History in Hiring

Law bookOn March 4th, Florida State Senator Nancy Detert (R) introduced S.B. 324, which prohibits an employer from using a job applicant’s credit report or credit history in certain hiring, compensation, or employment decisions.


The bill provides:


  • Specific situations in which an employer may use such information;


  • Exemptions for certain types of employers;


  • Remedies for an aggrieved person;


  • For the award of actual damages and court costs; and


  • For a plaintiff to post a bond to indemnify the defendant for damages, including attorney fees.


The Bill has not yet been signed by the Governor.


We will keep you updated on the status of this bill.

San Francisco’s Board of Supervisors Passes “Ban the Box” Law

Law bookThe San Francisco Board of Supervisors unanimously passed Ban the Box legislation to expand the city’s existing law to include most private employers, publicly funded housing providers and city contractors.

Under San Francisco’s Fair Chance Ordinance, employers are barred from inquiring about an applicant’s criminal convictions and pending charges on the employment application or during the first live interview.  Exempted from the ban are applicants for jobs where criminal history is relevant, such as law enforcement and child care.


At the point when employers can inquire into criminal history, they can ask only about misdemeanor and felony convictions that occurred within seven years of the inquiry.

Employers are prohibited from asking about:

  • arrests other than those for which charges are still pending,
  • the completion of a diversion program,
  • sealed and juvenile offenses, and
  • infractions that are not felonies or misdemeanors.
  • Before making a permissible inquiry, employers must provide the applicant with a notice regardless of whether the inquiry is made directly to the applicant or to a third-party consumer reporting agency, i.e., a background check vendor.
  • If an applicant does disclose criminal history, employers can consider the information only if it has a direct and specific negative bearing on the applicant’s ability to perform the responsibilities related to the position.
  • In evaluating whether criminal history meets this standard, the employer must consider whether the position offers the opportunity for the same or similar offenses to occur, and whether the underlying conduct will recur in the position.
  • The employer must consider the time that has elapsed since the conviction or unresolved arrest and must conduct an individualized assessment taking into account a list of factors that might evidence rehabilitation or mitigating circumstances.
  • If the employer decides to reject an applicant based on criminal history, it must provide a pre-adverse action notice and a final adverse action notice.
  • The notice must be provided regardless of whether the employer obtains the criminal history information through the applicant’s self-disclosure or a background report provided by a consumer reporting agency.
    1. The notice must identify the specific criminal history that provides the basis for the adverse decision, whereas the FCRA has no such requirement.
    2. The employer must wait at least seven days from the date of the notice before taking final adverse action.
    3. If the applicant disputes the criminal history or provides information regarding rehabilitation or mitigating factors during the seven-day waiting period, the employer must wait a “reasonable time” before taking adverse action.
    4. Employers must retain records related to the hiring process for three years and provide them to the OLSE for inspection upon request.


The consequences of non-compliance could be significant:

The City can pursue civil remedies for violation of the Ordinance, including:

  1. an injunction,
  2. reinstatement of the employee,
  3. back pay and benefits,
  4. $50 per employee for each day the Ordinance was violated, and
  5. attorneys’ fees and costs.
  6. The OLSE can pursue administrative enforcement which, during the first 18 months after the Ordinance’s effective date and for a first violation, is limited to a warning and an offer of assistance with compliance.
  7. After the initial grace period, the OLSE can seek penalties of up to $50 per employee for a second violation and of up to $100 per employee for each subsequent violation.

It is recommended that San Francisco employers review their employment application and hiring processes with counsel to ensure compliance.


Click here for information on the Ordinance:



What makes CARCO the best risk mitigation company in the industry and the best partner for your company?

All vendors can provide the required background screening checks…..

The difference is HOW they are completed!

Things to consider when hiring a background screening company:

  •  Are checks conducted through databases?…
  • Rising number of class action lawsuits against background screening companies….WHY?
  • Are checks legally compliant?
  • Does your provider focus on risk mitigation or simply “check the box” solutions?
  • Are they outsourcing critical functions to keep costs low?
  • Are they re-verifying results to ensure accuracy?
  • Are they accredited by the NAPBS?
  • Do they stand behind their work product with indemnification protection?
 Why choose CARCO?  Simply put…..
Our philosophy is a constant focus on providing the best product and highest quality service to our clients. CARCO’s goal is to make our clients’ jobs easier by developing innovative technology solutions that provide efficiencies, improve performance and support growth.

Our main goal is to keep our clients out of harms way!




CARCO Group, Inc. is pleased to announce the completion of their three-year Interim Surveillance Audit for the Background Screening Agency Accreditation Program with The National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC).  CARCO and its Driver IQ Division have successfully demonstrated through a desk audit continued compliance with the Background Screening Agency Accreditation Program (BSAAP)’s Accreditation Standards and will continue to be formally recognized as BSCC-Accredited.


Each year, U.S. employers, organizations and governmental agencies request millions of consumer reports to assist with critical business decisions involving background screening.  Background screening reports, which are categorized as consumer reports, are currently regulated at both the federal and state level.


Since its inception, NAPBS has maintained that there is a strong need for a singular, cohesive industry standard and, therefore, created the BSAAP.  Governed by a strict professional standard of specified requirements and measurements, the BSAAP is becoming a widely recognized seal of achievement that brings national recognition to background screening organizations (also referred to as Consumer Reporting Agencies).  This recognition will stand as the industry “seal,” representing a

background screening organization’s commitment to establishing written policies, documented procedures and auditable business practices reflecting industry excellence, accountability, professional standards and continued institutional improvement.


The BSAAP is overseen by an independently operating body appointed by the Board of NAPBS and referred to as the Background Screening Credentialing Council.   The BSCC currently oversees the accreditation process using a third-party auditor and blind audit procedures.   Once an organization has established through a desk audit and on-site audit their compliance with the BSAAP Standards for Accreditation, accreditation is granted.  Every accredited entity is required to undergo a three-year Interim Surveillance desk audit in order to maintain their accreditation status.   On-site audits and reviews take place every six years or in the event of a change of circumstances requiring re-consideration of their audit status.   To learn more about the BSCC or the BSAAP accreditation program, visit


About CARCO Group, Inc.

CARCO is an HR technology and paperless workflow solutions company. Started in 1977 as a background screening company, CARCO has evolved to become a full-service HR partner, helping clients manage their new hire process in standalone solutions or integrated with their Applicant Tracking System. CARCO’s Onboarding Solution eliminates paper processes and ensures efficient and compliant hiring. Full-service offerings include background screening products, electronic I-9/E-Verify processes, vendor screening, and drug testing. For more information, visit


About NAPBS®

Founded in 2003 as a not-for-profit trade association, the National Association of Professional Background Screeners (NAPBS) represents the interests of more than 700 member companies around the world that offer tenant, employment and background screening.  NAPBS provides relevant programs and training aimed at empowering members to better serve clients and maintain standards of excellence in the background screening industry, and presents a unified voice in the development of national, state and local regulations. For more information, visit



CARCO Group, Inc. Achieves Second Oracle Validated Integration with Oracle Talent Management Cloud

DATELINE –CARCO Group, Inc., a Gold level member of Oracle® PartnerNetwork (OPN), today announced it has achieved Oracle Validated Integration of Background Check Solutions with Oracle Talent Management Cloud.  This integration will help companies transition to a completely electronic and automated process for their background screening processes.


To achieve Oracle Validated Integration, Oracle partners are required to meet a stringent set of requirements that are based on the needs and priorities of the customers.  The integration of CARCO Background Check Solutions with Oracle Talent Management Cloud allows recruiters or any other entitled user to submit a background investigation without having to log in separately to the CARCO system. Once the recruiter requests a background investigation, the CARCO system launches the background investigation, monitors it electronically and automatically updates Oracle Talent Management Cloud on the status updates of each component.  The completed background investigation is then easily reviewed via a link to the CARCO portal.


Alan Gordon, CARCO’s CIO, stated that, “The integration of CARCO’s Background Check Solutions with Oracle Talent Management Cloud is a natural fit providing new hires and HR professionals with a great user experience while allowing us to completely automate the new hire process.”


“Achieving Oracle Validated Integration gives our customers confidence that the integration between CARCO’s Background Check Solutions and Oracle Talent Management Cloud is functionally sound and performs as tested,” said Kevin O’Brien, senior director, ISV and SaaS Strategy, Oracle. “For solutions deployed on-premise, in the cloud, or both, Oracle Validated Integration applies a rigorous technical review and test process that helps to reduce deployment risk and helps improve the user experience of the partner’s integrated offering.”

CARCO Receives Accreditation From Background Screening Credentialing Council

CARCO Group, Inc. Achieves Accreditation from Background Screening Credentialing Council

Supports CARCO’s commitment to excellence, accountability, high professional standards and continued improvement

HOLTSVILLE, NY (October 13, 2010) — CARCO Group, Inc. (CARCO), a worldwide leader in background screening and investigations, recently achieved accreditation from The National Association of Professional Background Screeners (NAPBS®). CARCO has successfully proved compliance with the Background Screening Agency Accreditation Program (BSAAP) and will now be formally recognized as being BSCC Accredited.

The Background Screening Credentialing Council (BSCC) oversees the application process and is the governing accreditation body that ensures the background screening organization seeking accreditation either meets or exceeds a measurable standard of competence. To become accredited, consumer reporting agencies must pass a rigorous onsite audit, conducted by an independent auditing firm, of its policies and procedures as they relate to six critical areas: consumer protection, legal compliance, client education, product standards, service standards, and general business practices. The BSCC determined that CARCO met or exceeded over 50 industry standards.

“We are honored to receive this accreditation. We know this shows our company’s commitment to optimum service in the field of background screening and investigation,” said James Owens, CEO of CARCO.

CARCO conducts over 1,000,000 reports per year in general, financial, and background investigations. Background screening of potential employees is critical for all employers, organizations, and government agencies. Reports of background screening are regulated at federal and state levels. Since 2003, the NAPBS® has represented the interests of companies offering tenant, employment and background screening. With over 700 member companies worldwide, their goal is to set the standard and maintain the highest standards and expectations in the background screening industry. With the recent accreditation, CARCO is now considered a company maintaining these high standards. For more information about CARCO, visit

About CARCO Group, Inc.:
Founded in 1977 CARCO Group, Inc. is a nationally recognized information services company that provides investigative, fraud detection, and risk mitigation services to corporations and business entities.

CARCO’s Background Screening Services division and Investigative & Security Consulting division provide background investigations on potential and current employees, vendors, customers, and business partners. CARCO currently conducts over 1,000,000 reports per year, and its services include self-service portal technology, domestic and international due diligence, and general and financial investigations.

About NAPBS®:
Founded in 2003 as a non-profit trade association, the National Association of Professional Background Screeners (NAPBS) represents the interests of more than 700 member companies around the world that offer tenant, employment and background screening. NAPBS provides relevant programs and training aimed at empowering members to better serve clients and maintain standards of excellence in the background screening industry, and presents a unified voice in the development of national, state and local regulations. For more information, visit