August, 2009

Hello to all ...

The end of summer is approaching very rapidly. Hope that some of you are squeezing in one last week of vacation or on the other side of the coin .. maybe some of you are getting ready to celebrate "back to school" time!

My newsletter this month includes some exciting news at MJMS, a new poster Arizona employers must post, a government audit warning, and a new law everyone in Arizona must know about! Summer has not been slow!

First MJMS news!
MJMS is excited to announce a significant expansion of our online presence! It has been a lot of work, but a lot of fun also! I'm looking forward to interacting with you on the social networks and invite you to share my website with those you know.

• Our New Website www.MJMS.net
  It took a while coming but all of my former website's content has been updated and revised. Now my "On Call©" and "Help Desk™" services are highlighted throughout all the pages as well as my Webforms™
  Please take a look!



• A New MJMS Facebook Fan Page
  Yes, I have jumped in with at least one foot and maybe one toe! You are welcome to join our fan base ... simply go to The MJMS Fan Page and add yourself as a fan. I will be posting short informational items, photos and even a video or two. Please visit as often as you like, offer comments on our posts or post new information, questions or queries. This is intended to be interactive, so feel free to write on the MJMS wall. I welcome your input.



• Twitter
  I am also tweeting on Twitter! If you are on Twitter, I'd love to follow you. Go to my site http://www.Twitter.com/MargaretJacoby and let me know you are following me and I will do the same.




• More Coming Soon
  Stay tuned for more forays into Social Media in the near future. After all, MJMS doesn't want to be left out of cutting edge technology, even if we are not in the Millennial Generation.

News For Your Workplace ...

• AZ Employers Required To Display New Poster in the Workplace

  Effective immediately, all Arizona employers are required to post a new notice in a conspicuous place next to the Workers' Compensation Notice to Employees. The new poster informs employees "...that a claim may be made for a condition, infection, disease or disability involving or related to MRSA, spinal meningitis, or TB within the provisions of the Arizona Workers' Compensation Law. (A.R.S. § 23-1043.04)"
  
  While all workplaces do not expose employees to hazards that might lead to such exposure, all employers are still required to post the notice. You can download a free copy of the notice from our WebForms™ page on the website. Just click here. (Go to very top of page that opens)




• IT'S A GOOD IDEA TO AUDIT I-9 FORMS NOW

  In July, 2009 ICE, the U.S. Immigration and Customs Enforcement Agency issued 652 notices to employers of their intent to audit hiring records to determine compliance with federal laws requiring employer verification of employment authorization. In one day ICE issued more inspection notices than the total completed during the entire previous fiscal year. Employers were selected based on tips and information gathered in other investigations. ICE hasn't announced a list of targets but did publicize the effort in a press release picked up by a wide variety of news media.
  
  This information could launch your own check of current I-9 processes. Don't be alarmed if the form you are using is clearly marked in the top right hand corner, "OMB No. 1615-0047; Expires 06/30/09." ICE confirms you're using the correct form, "Rev. 02/02/09. The revision date can be found on the "lower right hand corner" of the form. No previous editions accepted. *NOTE: The 02/02/09 revision will continue to be valid for use beyond its current expiration date of June 30, 2009."
  
  Start your audit by comparing a list of current employees to the I-9s you have to make certain that one is completed for each person. If a form is missing, check employee files and misfiling. If this doesn't turn up the errant item contact the employee and request completion of a new I-9. Never request specific documents or backdate forms. Include the current dates and a notation that it was completed after an audit.
  
  ICE is seeking to focus on employers who hire illegal immigrants; they will be more understanding of paperwork errors than willful violations. Audits and corrections go a long way to establish your good faith efforts to comply with the law.
  
  For previously completed forms look for missing and incorrect information. Make corrections and notations in the appropriate spots. U.S. Citizenship and Immigration Services offers a complete Handbook for Employers http://www.uscis.gov/files/nativedocuments/m-274.pdf with step by step instructions for I-9 completion including copies of sample documents for verification.
  
  The individuals who actually sign the form on behalf of the employer should be the ones inspecting these documents. They must be well trained in the entire process. Too often I have conducted audits where the only person in an organization, if anyone, that really understands the process is a senior HR professional who is not responsible for day to day administration. Forms are completed in multiple locations with varying degrees of compliance.
  
  Setting up and maintaining effective I-9 processing and storage will save headaches, time and the potential for an ICE audit disaster.
  
  Source: Rebecca Mazin www.allbusiness.com - The HR Answer Blog
  
  Employer I-9 liabilities and I-9 penalties include civil penalties which can amount to millions to dollars. Employer I-9 and employment eligibility verification processes liabilities and penalties include civil penalties, which can mount quickly based on each I-9 document or individual, and criminal penalties for both the company and individuals.
  
  Criminal liability can involve fines, asset forfeiture, loss of profits and individual imprisonment for any number of federal crimes that may be involved in violations of the employment eligibility verification process.
  
  If you have not checked your I-9 forms since you hired each employee, now is the time to do this. Professionals at MJ Management Solutions can assist you in this process. We will come to your site and review all forms and provide guidance on correcting errors and omissions.
  
  Contact us now to schedule your review - call 480-924-6101 in Arizona; 310-798-4569 in California; or e-mail us at margaret@mjms.net

Now, on to our main article about the new "Guns-At-Work" Law effective September 30th in Arizona! Make sure you read it for some good ideas on how to "manage" this law for the safety of all your employees.

Arizona Governor Jan Brewer recently signed a new law severely limiting employers from implementing and maintaining policies that prohibit employees from lawfully storing firearms in their locked vehicles while parked in their employer's parking lot. In so doing, the Arizona Legislature reiterated that the Constitution of Arizona "protects an individual's right to bear arms in self-defense" and concluded that individuals, including employees, "are deprived of the means of self-defense in their personal motor vehicles" if forbidden from storing firearms in their locked and privately owned vehicles. The legislature also stated employers and business entities are not "unduly burdened by the presence of legally possessed items" secured within their employees' motor vehicles.

Similar laws have been passed in other states including Alaska, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, Oklahoma and Utah. Although the law does not take effect until September 30, 2009, Arizona employers are advised to modify their policies about guns in the workplace and provide appropriate training in anticipation of the new law's effective date.

How the New Law Applies to Arizona Employers

The new law (Ariz. Rev. Stat. §12-781) prohibits property owners, tenants, and public or private employers or business entities from maintaining or enforcing any policy or rule that would forbid employees, as well as other individuals such as visitors and customers, from lawfully transporting or lawfully storing any firearm that:

• Is in the employee's locked and privately owned vehicle or in a locked compartment on the employee's privately owned motorcycle; and



• Not visible from outside of the vehicle or motorcycle.

The new law, however, is not without restrictions. Specifically, employers may prohibit an employee from carrying a firearm in their vehicle while parked on company property if any federal or state law prohibits the employee from possessing the firearm, or if complying with the law would result in the employer violating other federal or state laws or regulations. Further, the law does not apply if the parking lot, parking garage, or other area designated for parking vehicles or motorcycles is located on an owner- or tenant-occupied, single-family detached residence.

Employers may prohibit employees from carrying or storing firearms in any vehicles owned or leased by the employer when the employees are using the vehicle for their employment. Of course, an employee may transport or store a firearm in an employer owned or leased vehicle if the employer provides consent to do so or the employee is required to do so as part of the employee's official duties. The law also does not apply if the employer is a current United States Department of Defense contractor and the parking lot is located in whole or in part on a United States military base or military installation.

What the New Law Does Not Address

"Guns-at-Work" laws in some other states are more detailed and impose greater restrictions on or provide greater rights to employers than Arizona's law. For example, in Georgia, employers are specifically permitted to search their employees' vehicles for firearms if there is a reasonable risk of an immediate threat to human life or safety or if the employee consents, based on probable cause that the employee is unlawfully possessing their employer's property. On the other hand, in Florida, employers are not allowed to inquire about the presence of a firearm in a vehicle and are not permitted to search a private vehicle to determine whether it contains a firearm.

Arizona's law does not allow an employer to prohibit employees from keeping a firearm in their vehicle if the employee has engaged in violent behavior in the workplace. Because Arizona employers may not discipline an employee, regardless of the employee's violent tendencies, for having a gun in his/her vehicle, terminating the employee for the workplace violence is the best course of action.

Unfortunately, the new Arizona law does not provide immunity from suit if employees or others are injured or killed as a result of an employee carrying or storing a firearm in their private vehicle on the employer's premises. Of course, an employer may be able to defend a lawsuit by arguing it relied in good faith upon the statute and took other precautionary measures to ensure the safety of its employees.

According to a 2005 study in The American Journal of Public Health, workplaces that allow guns are five to seven times more likely to suffer homicides than those that ban firearms. With the current economic climate prompting so many reductions in force, the likelihood of violence could be considered a workplace hazard, particularly with guns on the property.

In anticipation of the new law's effective date of September 30, 2009, public and private employers with operations in Arizona, along with employers in other states with "Guns-at-Work" laws, should review and update their workplace policies to ensure they do not prohibit guns in locked vehicles unless some exception applies as described in the law.

At the same time, all Arizona employers should implement a strong workplace violence policy that, among other things, prohibits weapons anywhere on the property other than in locked vehicles in the parking lot. Moreover, if an employer in Arizona wants to be able to search vehicles on company property for weapons, that should be included in the workplace violence policy. Consistent enforcement of the policy may prevent employees from claiming they are being harassed or punished for exercising their right to carry lawful firearms in their private vehicles.

Employers in all states, regardless of whether they are in a state with a "Guns-at-Work" law, should consider taking additional steps in their ongoing effort to reduce the likelihood of any type of violence in the workplace, including:

• Implementing and disseminating a strong policy against workplace violence, setting forth conduct that will not be tolerated and steps employees should take to report any threatening or violent behavior.

 
• Conducting pre-employment criminal background checks to determine whether applicants are at risk for engaging in violent behavior in the workplace.

 
• Providing employees with training on workplace violence and harassment, including how to reduce the potential for workplace violence and the appropriate action to take when confronted with a potentially violent or harassing situation.

 
• Reviewing and updating safety and security measures to deal with the increased risk of violence associated with the presence of guns on company property, including the installation of metal detectors and other mechanisms to ensure employees are not bringing firearms into the workplace.

Steven G. Biddle is a Shareholder and Jennifer L. Mora is an Associate at Littler Mendelson, Phoenix, Arizona . © 2009 Littler Mendelson. All rights reserved.

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ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, SPHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
 
Her work has included: 

• Conducting H.R. Needs Assessments
• Drafting employee handbooks and policy manuals
• Conducting job analysis and developing position descriptions
• Conducting on-site compliance audits
• Counseling management on progressive discipline
  
• Drafting and review of employee disciplinary actions
• Providing mediation in employee/employee conflict
  
• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
• Conducting workshops for business owners on H.R. compliance issues.

 
Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources (SPHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:

• Professionals in Human Resources Association (PIHRA)
• Society for Human Resource Management (SHRM)
• National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix
• California Chamber of Commerce


• Arizona Small Business Association (ASBA)
• Long Beach Community Business Network (LBCBN)
• Institute for Management Consultants (IMC)

The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.