Tag: continuous background monitoring

Industry Best Practices for a Continuous Employee Monitoring System A substantial amount of people-based risk goes unnoticed and unmanaged in organizations across the nation. This is why many companies are turning to a continuous monitoring system to help mitigate post-hire organizational risk. According to the US Bureau of Labor, more than 10% of employees will be arrested twice after just four years of employment. Criminal activity monitoring is intended to reduce the risk associated with employee behavior that can easily go unnoticed until it directly affects the workplace. Rather than reviewing past history with programs such periodic rechecks, criminal activity monitoring allows employers to receive real-time incarceration alerts. In addition to the capability of receiving immediate booking alerts (typically within 15 minutes), Pre-employ offers custom compliance safeguards specified to your organization's requirements. Options such as verifying reportability under FCRA prior to notifying your organization or custom reporting specifications based on your company's provisions. We always recommend that you work with your organization's legal counsel before implementing new programs, but through this article, we hope to offer guidance and best practices for implementing your criminal activity monitoring program. Determining When To Recieve Reports During your initial set-up of any continuous monitoring program, you will need to decide when your organization will receive reports. This will determine the process and procedures you'll want to establish before implementation. While there are numerous variances, we will speak on primary two options: Option 1 | Organizations are notified immediately In almost real-time, organizations are notified when a booking matches the profile of a monitored individual. This offers organizations the earliest indication of risky employee behavior that may pose a threat to business, also requiring organizations to establish thorough internal investigation processes and reportability training. Option 2 | CRA verifies reportability under FCRA Alternatively, Pre-employ offers an FCRA compliance safeguard reporting option, which entails Pre-employ's compliance team verifying the reportability of the charge before bringing it to the organization. Pre-employ's compliance experts will investigate the booking alert immediately and establish reportability before alerting the organization. Determining when booking reports are received will define the extent and requirements of your internal Procedures and Policies that will need to be established before implementing your program. Obtaining Employee Consent In addition to complying with federal law rules and regulations such as FCRA (Fair Credit Reporting Act), many states have additional regulations for obtaining consent both before hiring an employee and after the employee has been hired that need to be considered when setting up your monitoring program. California, for example, has a condition under the California Investigative Consumer Reporting Agency Act (ICRAA) that generally requires new consent each time an investigative report is sought. . With each organization considering different state and local laws across the nation, we encourage employers to consider their respective requirements of the jurisdiction(s) in which they operate and develop policies and procedures that comply with the specific laws governing that region. To comply with rules, for many, this will entail developing an additional consent form specific to continuous monitoring. In the case an organization falls in a region requiring regular consent forms to be received from individuals being monitored, Pre-employ offers a unique solution to automate, track, and remind individuals. This process is determined during Pre-employ's set-up and can be managed and tracked within Pre-employ's client portal. Contact Pre-employ's Compliance Experts for more information on Pre-employ's Criminal Activity Monitoring Dashboard and Customization Options Procedures and Policies - Internal Companies implementing a continuous monitoring program using reporting option 1 are especially encouraged to develop and allocate a clear and consistent employee/contractor (as applicable) self-reporting policy for all unlawful manners, including arrest. An example of a comprehensive self-reporting policy should include: An explanation of WHY the policy was established Who is governed by the policy How the organization intends to enforce this (what happens if an individual does not self-report) Any timeline for report submission Companies should also clarify how the information is to be communicated to the company. Including how the company expects to receive the report (through an online form, verbally to an executive, or written). They should also define what is expected in this report. Policies should be reviewed and clearly communicated during hiring, available for review by employees as requested, and reevaluated with employees regularly. Investigating Reported Charges Option One - Immediate Booking Alerts If your organization decides to receive alerts immediately when a booking matches the profile of a monitored individual, option 1 in the example above, comprehensice investigation process, policies, and procedures should be established before implementation. It's generally agreed by The Equal Employment Opportunity Commission (EEOC) and the legal community that… An employer cannot act or base employment decisions upon arrest records alone. However, the arrest record may trigger an independent investigation into the details and circumstances surrounding the arrest and upon which the employer may make its disciplinary decisions regarding the subject employee. Option Two - Pre-employ's FCRA Reportability Safeguard Alternatively, if your organization chooses to implement Pre-employ's FCRA safeguard reporting option (option 2), your team will not require the training and procedures to determine the reportability of a booking. In this case, Pre-employ's compliance experts will investigate the charges and verify under FCRA the reportability of the charge, only bringing it to your organization's attention when it meets the custom-decided upon reporting requirements. Final Thoughts Criminal activity monitoring is a crucial facet of a comprehensive risk management platform, becoming even more critical in our evolving remote and hybrid workforce. To ensure a successful program, organizations must be thorough and compliant with all laws and regulations (federal, state, & local). This has been an overview of the standard best practices the industry we encourage organizations to consider, written to serve as a tool to assist and develop a program but certainly not legal advice. We strongly encourage organizations to consult legal guidance in determining their unique plan and procedures. For more information on Pre-employ's Criminal Activity Monitoring and/or the safegaurds Pre-employ offers organizations Contact Pre-employ's Compliance Experts.

Tag: continuous background monitoring

Industry Best Practices for a Criminal Activity Monitoring System

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