Pre-Employ Blog

What Employers Need to Know About Continuous Monitoring

Posted by Marketing on October 01, 2019

Pre-screening of employees during the hiring process provides employers with a snapshot of the candidate's past work, financial, and legal history. Once a job offer both offered and accepted, monitoring of this same important information stops. Actions or behaviors by employees after they come on board often go unnoticed by management and HR departments. When a change in an employee's criminal or financial history has a potential impact on their ability to perform their job, employers need to know. This is why continuous monitoring, or rolling background checks, are increasing in popularity among many of today's employers. 

Continuous monitoring keeps your company, clients, and employees safe.

 

What Is Continuous Monitoring?

Arrest Monitoring continuously scans nationwide databases to provide real-time alerts when employees or watched persons are arrested.

The comprehensive service includes over 80 percent of the nation’s incarcerations with access to more than 2,000 direct interfaces with law enforcement agencies, county jails, and state prisons.

With this ongoing service, you no longer need to check for arrests at set intervals or rely on ineffective self-reporting policies. Instead you’ll receive up-to-date reporting via your normal screening access when legally allowable.

Pre-Screening Limitations

Hiring just one employee is a complex process for any business. There is a large amount of time that goes into processing the paperwork and for ensuring that all methods used are in compliance with federal and state law. 

The sad truth that many HR departments encounter is that people often lie about their experience or past history. Even if they don't lie, they may stretch the truth in such a way that it doesn't appear as a red flag during the background check.

Advances in technology and digitization of criminal records make it possible to obtain information faster and on a broader basis. In the ever-changing world of the #MeToo movement and social media, employers can't—and shouldn't—babysit employees. They can, however, keep track regarding changes and charges to employee history.

Pre-screening provides employers with information as to whether an employee is safe and suitable for the company and the position. Continuous monitoring gives them peace-of-mind that the employee remains a good fit for the job and the company culture.

Fair Credit Report Act

It is important to note that continuous monitoring must still comply with the standards set by the Fair Credit Report Act (FCRA). Employers must use clearly disclose their intentions and secure permission from applicants or current employees. For example, before running a background check, employers must provide in writing that the information obtained can and may be used for employment-related decisions. The disclosure is not included with the application or other forms but rather is a stand-alone document.

The FCRA rules make continuous monitoring a little tricky, only because permission from the employee is necessary before each background check. The Federal Trade Commission (FTC) governs the FCRA and provides the following tips for staying in compliance while performing continuous monitoring of employees, including:

  1. Use a one-time disclosure that clearly and concisely states that the employer intends to use the disclosure and authorization for application for employment and any additional reports throughout their employment upon hire.
  2. As long as the disclosure is valid and signed by the applicant or employee, it remains effective throughout the duration of employment. Without a disclosure that clearly states this key information, employers must obtain authorization from the employee each time they run a background check.

Case Study: Uber

The popular transportation company Uber is among one of the first to go public regarding its use of continuous monitoring of drivers. The rolling background checks provide the company with helpful updates regarding license suspension, traffic violations, and any criminal charges, including drunk driving.

Drivers who feel their suspension over the data is unjust may initiate a dispute. Uber's decision to use continuous monitoring of drivers comes after recent allegations of misconduct. 

During an approximately three month period using the continuous process, Uber suspended more than two dozen drivers. The ride-sharing giant remains a leader in using continuous monitoring to keep drivers employed and passengers safe.

Legal Concerns

Consult with third-party experts who can help you manage both continuous monitoring and compliance concerns.

 

While there are many benefits to continuous monitoring, it is important to understand state laws. Litigation in California, for example, challenged the legality of continuous monitoring. Among key issues are:

  • Employee permission for each check
  • Employees who refuse to give authorization

The importance of obtaining employee permission for every check can't go understated. It is the best way for employers to ensure compliance and to protect themselves from any possible litigation.

As the interest in continuous monitoring grows, more employers will join the likes of Uber and other companies who feel the benefits far outweigh any risks. 

About Pre-Employ

Learning about an applicant's history remains vital information to hiring top talent. At Pre-Employ, we bring more than 20 years of experience to the field of background checks, drug testing, I-9 compliance, and more. We do what most HR departments don't have time to do, which is to focus on the details behind your potential new hire. 

Trusting your background checking program to a qualified provider such as Pre-Employ will save your staff time, money, and stress. With our award-winning customer service and superior turnaround times, and FCRA certification program for our employees, Pre-employ is the smart choice for fast, accurate, and compliant background screening needs.

 

As continuous monitoring grows a popular tool for employers, choosing the right company to provide these services is imperative for success. To learn more about Pre-Employ and all that we offer, experience our excellent customer service for yourself! Call us at (800) 300-1821 or contact us online today. 

Let Us Help You

We're happy to share more information about how we can help you, screen employees, whether in advance or throughout their employment. We take great pride in providing top-notch service from our U.S. based California office. Background checks demand professional attention and quality results. At Pre-Employ, we deliver both. We look forward to sharing with you how we can make a difference by providing the time-saving services you need.

Invest in quality, compliant background checks by reaching out to Pre-Employ today.

Topics: Our Products, Employment Verification, Criminal Background Checks, Continuous Monitoring

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