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Employment Law Update California
Oct 30th, 2008 by admin

employment law update california

There is a strange dichotomy of information when it comes to criminal record research, with the most easily accessed and ‘technically advanced’ records frequently being outdated and less reliable than those held in paper files, microfiche and archive rooms. Most background checks have multiple components, including an Address History, Criminal Record Searches, Employment and Education Verifications, Credit Reports and more. The purpose of this article however, is to focus on criminal record research and how developments in technology are presenting employers and other end-users with additional options, and more importantly, decisions that can minimize or create legal exposure.

In today’s world of instant information, there is often an assumption that a single, electronically accessible source of all criminal records must be available. Not so. Even the FBI National Criminal Information Center (NCIC), which is available only to law enforcement and certain government agencies, does not contain all records. The bottom line is simple; our laws and record keeping procedures haven’t kept pace with advances in technology. Enter the key words “background check” in any search engine and within a few clicks, you’ll find promotions for “Nationwide Criminal Record Search” and “Instant Statewide Criminal Record Search”. These searches are database oriented and represent the growing availability of what is commonly sold as an instant and complete background check. The idea that a criminal records search can be ordered and completed within a few seconds is very appealing – a miracle of sorts for those experiencing a time famine. In too many cases however, users are focused on delivery time and not content. Would it surprise you to find that an “Instant Statewide Search” doesn’t include all records in the state or that a “Nationwide Search” really isn’t nationwide? Don’t be. Because there is no standard among states as to what should or should not be reported with regard to criminal records, data content varies widely from one state to the next. The Massachusetts CORI system for example, filters the publicly available criminal record data extensively – the North Carolina Statewide search produces an extensive history, all the way down to low level misdemeanors and infractions. Many counties in Texas, which requires all counties to report felony convictions to the state, simply lack the personnel to comply with state regulations, leaving volumes of criminal records unreported. And with Vermont, California, Louisiana and other states offering no widespread electronic access to criminal record databases, how can a search be advertised as ‘Nationwide’? The answer to that question lies with the provider and is a valid consideration when selecting a vendor.

Of equal importance is how records reported from instant database sources can or cannot be used. If the reported information is from sources that are updated monthly, quarterly or even annually, then it isn’t considered to be the most current information available. Under the Fair Credit Reporting Act (FCRA), if a Consumer Reporting Agency (CRA) is reporting information that could have an adverse impact (such as a criminal record), they must either notify the consumer (applicant/employee) of what is being reported and to whom it is being reported; or have strict procedures in place to insure that reported information is the most accurate and up-to-date information available. In most cases, this means the records reported from the database would need to be verified with a County Court Criminal Record search.

Instant criminal record searches definitely have a place in your screening program – it just isn’t as the primary means of research. The most effective and FCRA compliant method of criminal record research is a County Court Criminal Record search conducted in each county of residency and employment during the past 7 years, supplemented by Statewide Criminal Record searches or a Multi-State Criminal Database search. County Court searches generally require a visit to the courthouse; usually Superior Court where felony and serious misdemeanors are handled. These searches produce the most current information available along with at least two identifiers. The Statewide and Multi-State database searches are an excellent means of broadening the geographic scope of the search. Even though most cases occur in a county of residency or employment, there are certainly occasions when individuals violate laws outside these areas. If a record is identified by one of the instant database searches and you plan to use it in making an employment decision, it should be verified via a County Court search.

Eventually, technology at the County Courts will advance to the point where up-to-the-minute information will be available on all records. When that point is reached, the ability to run a truly instant FCRA compliant criminal record search will have been realized. Until then, stick with the standard 7 year County Court search, and use the instant database searches as a supplement to improve your screening program.

About the Author:

easyBackgrounds – Comprehensive pre employment, criminal and employee background check services with quick turn around

Article Source: ArticlesBase.comCriminal Records and Technology

Marianne Jones on the 2008 California Employment Law Update


Nhs Maternity Leave Guidelines
Oct 30th, 2008 by admin

Nursing job vacancies still show shortage of midwives all around the UK.

It has been a hot topic for some time now but yet the UK midwife shortage continues.

The Royal College of Midwives (RCM) still believes women giving birth are being put at risk because of this shortage.
NHS guidelines say women in labour should have one-to-one care with a professional, yet as many as two thirds of health authorities are missing this target.

Although the Government has guaranteed to employ thousands of extra whole-time equivalent (WTE) midwives by 2012, the RCM says that an estimated 5000 extra WTE midwives are needed to deliver safe, high-quality care, and to meet the Government’s commitments in ‘Maternity Matters’ – their proposal for maternity services launched in April 2007 – which is set to be in effect by the end of this year.

So where are the midwives?

One of the main barriers to sustaining midwife numbers could be attributed to the fact that although other parts of the NHS have seen increases in staff and resources over the ten years, midwifery has not benefited to the same degree. This has contributed to a decrease in the percentage of NHS workforce represented by midwives.

More worryingly however, Doctors have claimed that only one midwife in three might be working at any time, as more choose to work part-time for agencies, which supply staff to the NHS to cover holidays, sickness and antisocial hours. A midwife working long hours could potentially earn up to double or treble the amount per year at agency rates, compared with working for the NHS.

As more hospital trusts have been experiencing financial difficulties, they have cut back on agency staff leaving their own staff to cover, however; agency midwives have chosen not to go back to working for NHS rates, leaving noticeable gaps in services.

This, coupled with the fact that birth rates are increasing, in some areas significantly impacted by immigration, puts additional pressure on the services that are in place and the midwives available.

So are midwife staff shortages putting pregnancies at risk?

Yes, as the amount of midwives has fallen in recent years and over half of specialist units say they are understaffed, but also the birth rates are rising, so the need for midwives is increasing. Finally the number of medical graduates pursuing obstetrics has dropped by 50% in ten years

We could also say no because there are still thousands more midwives working in the NHS today than a decade ago, but also infant death rates are have dropped and childbirth is safer than it has ever been, and in the end the practice of grading hospitals according to their risk, as well as greater monitoring of staff performance has improved safety

About the Author:

The author works for a website specialised in nursing jobs and nurse jobs in the UK

Article Source: ArticlesBase.comMidwives and Midwifery


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Oct 27th, 2008 by admin

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