All posts by : psgmlaw

By: Daily Independent | December 20, 2023
Photo Credit: INDEPENDENT NEWSMEDIA/BRENT RUFFNER
Customers at Elevate Coffee Co. in the Norterra neighborhood of Phoenix. There could be some Valley businesses unaware of a minimum wage increase that takes effect on Jan. 1.

Arizona’s minimum wage is heading up again, and local businesses are going to have to prepare.

There could be some Valley businesses unaware of the 3.6% increase in the minimum wage that takes effect on Jan. 1, according to Employment Attorney Julie Pace.

The increase is the result of Arizona voters in 2016 approved Prop. 206 — an initiative that requires employers to give minimum wage workers a pay raise on Jan. 1 — to $14.35 per hour, according to the Industrial Commission of Arizona.

With the state’s minimum wage increase related to inflation rates and attempting to keep pace with the rise in Arizona’s cost of living, the increase going into 2024 is less than that which came in 2023 when the rate rose from $12.80 to the current $13.85 per hour, an 8.2% increase.

“I think (business owners) are going to be surprised,” Pace said.

Hotels, restaurants and the construction industry are among the trades effected by the proposition otherwise known as the Fair Wages and Families Act, Pace said.
At a restaurant, the owner might have to increase prices of meals to help cover labor costs, Pace said.

CLICK HERE TO READ THE FULL ARTICLE.

OSHA 300A Summary to be Posted by February 1, 2024

By Julie A. Pace, David A. Selden, Heidi Nunn-Gilman

I.  ARIZONA MINIMUM WAGE INCREASE JANUARY 1, 2024.

Don’t forget that Arizona minimum wage increases to $14.35 per hour beginning January 1, 2024.  This is an increase of $0.50 per hour from the 2023 minimum wage, based on the cost-of-living adjustment.

II. DON’T FORGET MINIMUM WAGE AND OVERTIME FOR NON-EXEMPT WORKERS, INCLUDING PIECE RATE AND DAY RATE WORKERS.

Remember that non-exempt employees, including hourly, daily, or piece rate workers, are required to receive both minimum wage and overtime.  Employers must require that all non-exempt workers keep track of the hours they work so that the employer can ensure that it is meeting the minimum wage and overtime requirements.

For example, for piece rate employees, to ensure that the piece rate worker receives minimum wage, divide the total piece rate paid for the week by the hours paid during the week.  If the average is lower than $14.35 per hour, then the employer is required to pay the difference between the piece rate and minimum wage.  For example, if a piece rate worker works 40 hours and earns $600, this is an average of $15 per hour, which exceeds minimum wage.  If the piece rate worker works 40 hours and earns $400 piece rate, this is an average of $10.00 per hour, which is less than the required minimum wage.  The employer must pay the worker $574 for the week, 40 hours times $14.35 per hour.

If the piece rate worker earned $800 piece rate and worked 50 hours, the piece rate workers is entitled to 10 hours of overtime, paid at ½ the regular rate.  To calculate the regular rate, divide the piece rate by the hours worked then divide by 2 to obtain the half-time overtime premium ($800 / 50 = $16.00 /2 = $8.00).  The employer must pay the piece rate worker $80 in overtime ($8.00 hour x 10 hours overtime), in addition to the $800 piece work, for a total of $880.00.

III. POST THE OSHA 300A SUMMARY BY FEBRUARY 1, 2024.

All covered employers must post the OSHA 300A summary from February 1 to April 30 of each year.  The OSHA 300A form summarizes any injuries or illnesses that occurred at the workplace for the prior year, as recorded on the OSHA 300 log.

The OSHA 300A must be signed by a Company executive.  It must be posted in a conspicuous place, generally with the other employment law posters, at the location covered by the report.  Generally, each physical location for the Company must have a separate OSHA 300 log and OSHA 300A report.

Establishments in certain high-risk industries with 20 or more employees and most establishments that employ more than 250 employees must report OSHA 300A information electronically by March 2 of each year.

The OSHA 300A and related records must be maintained by the employer for a minimum of five (5) years.  Failure to post and/or maintain the required records can lead to violations and penalties.

IV. SUMMARY.

The attorneys at PSGM Law are available to assist companies to review their wage and hour compliance and design and implement policies and procedures to promote compliance with a view towards business needs and success.

OSHA is also increasing enforcement and penalties.  It is important for employers to provide a safe workforce in compliance with OSHA regulations.  With experience in defending tens of thousands of OSHA citations, including approximately 365 fatalities, PSGM Law has the knowledge to assist employers of all sizes and in all industries.

Great opportunity this past week for #PSGMLaw with firm partner Julie Pace and Amber Pappas CIT, CSP President of Safety Help Today presenting at the American Society of Safety Professionals | Arizona Chapter regarding OSHA Inspection, Fatalities, and Top 5 OSAH Interview Questions and Mistakes. We always enjoy getting out there and talking with our beautiful community. Learn more about the great work our team is doing at PSGMLAW.com!

New firm: Pace Selden Gilman Marks PLLC dba PSGM Law

By: Staff Reports | Digital Free Press

Pace Selden Gilman Marks PLLC dba PSGM Law is open for business.

The PSGM Law firm, which features five local lawyers of national and global practice, have worked collaboratively together for many years at other national and state law firms, handling matters across the state, country and globally, according to a press release.

The Founding Partners of PSGM Law are Julie Pace, David Selden, Heidi Nunn-Gilman and Danny Marks.

The team draws on their 100 years of combined legal experience with depth and breadth in a variety of practice areas with a national reputation serving clients in litigation, OSHA, construction, I-9 audits, DOL audits corporate, government relations and employment law.

“Responsive. Creative. Results. That is our approach at PSGM Law,”Ms. Pace said in a prepared statement. “We love what we do in helping clients and we have a commitment to solving client challenges and being accessible 24/7/365 days to handle client emergencies. We are also thrilled to create a pension and profit sharing plan to benefit the entire team.”

CLICK HERE TO READ THE FULL ARTICLE FROM DIGITAL FREE PRESS

PSGM Law Partner Julie Pace was honored to be recognized as a nominee last night for the 2023 Athena Award Women Mean Business. Congratulations to all the fellow nominees for their accomplishments as Women in Business. We are honored to be around so many incredible people making a positive impact in their industries, and a commitment to supporting their communities and inspiring others to make a difference. A special thank you to the Greater Phoenix Chamber‘s ATHENA Awards program for recognizing powerful women across the valley and celebrating their accomplishments.

By: Paradise Valley Independent 

A group of nationally known and experienced lawyers in litigation, employment, Occupational Safety and Health Act, corporate and business have launched a new law firm, Pace Selden Gilman Marks PLLC, doing business as PSGM Law.

The firm launched with five lawyers, including Paradise Valley Council Member Julie Pace, at a new office in Phoenix. The founding members of PSGM Law have worked collaboratively together for many years at other national and state law firms, handling matters across the state, country and globally, according to a press release.

The founding partners of PSGM Law are Pace, David Selden, Heidi Nunn-Gilman and Danny Marks. The team draws on their 100 years of combined legal experience with depth and breadth in a variety of practice areas with a national reputation serving clients in litigation, OSHA, construction, I-9 audits, DOL audits corporate, government relations and employment law, the release stated.

“Responsive. Creative. Results. That is our approach at PSGM Law,” Pace said in the release. “We love what we do in helping clients and we have a commitment to solving client challenges and being accessible 24/7/365 days to handle client emergencies. We are also thrilled to create a pension and profit sharing plan to benefit the entire team.”

. . .

CLICK HERE TO READ THE FULL PARADISE VALLEY INDEPENDENT ARTICLE. 

Authorizes Remote Video Conference Inspection of I-9 Documents for Employers Using E-Verify

CLICK HERE TO FOR THE 2023 NEW I-9 FORM

By Julie A. Pace, Heidi Nunn-Gilman, David A. Selden

I. USCIS RETURNS TO ONE PAGE FORM I-9

Today the USCIS released a new Form I-9, available at https://www.uscis.gov/i-9.  The new Form I-9 largely returns to a one-page format, combining Sections 1 and 2 on one page.  Section 3 is a separate standalone supplement that employers will use only as needed.

The new I-9 is also designed to be more accessible as a fillable form on tablets and mobile devices to allow employers more flexibility in using electronic devices to complete the Form I-9.

In addition, the instructions have been reduced from 15 pages to 8 pages.

Employers may begin to use the new Form I-9 immediately, but it is permissible to use the 10/21/2019 Form I-9 through October 31, 2023. All employers must use the new Form I-9 no later than November 1, 2023.  It is important for employers to timely use the newest Form I-9, because using an expired Form I-9 can result in monetary penalties during an I-9 audit.

II. USCIS AUTHORIZES COMPANIES WHO USE E-VERIFY TO USE ALTERNATIVE PROCEDURE FOR REMOTE COMPLETION OF THE FORM I-9 THAT DOES NOT REQUIRE IN-PERSON INSPECTION OF ORIGINAL DOCUMENTS.

One of the most significant changes announced by USCIS is the alternative procedures for remotely completing Form I-9 without an in-person inspection of original I-9 documents.  Companies that use E-Verify and are in good standing with E-Verify are eligible to use the new alternative procedures.  To be in “good standing†with E-Verify requires that the Company:

1. Enroll in E-Verify at every hiring location in the US that will use the alternative procedure;
2. Be in compliance with the requirements of the E-Verify program; and
3. Continue to be enrolled in and participate in E-Verify at any time during which the employer uses the alternative procedures.

The alternative procedures still require the employer to comply with the time-frames for completing the Form I-9.  Employees must complete Section 1 of the Form I-9 on the first day of work and employers must complete Section 2 by the third business day after the employee’s first day of work.   To conduct the document inspection and complete Section 2 of the I-9 under the alternative procedures, the employer should take the following steps:

1. Examine copies, including front and back, of the documents being used for purposes of completing the Form I-9 to ensure that the documents reasonably appear to be genuine.
2. Conduct a live video interaction with the new employee to verify that the documents relate to the individual.  The new hire must present the documents that the employee sent copies of via video for the employer representative to inspect via video conference.
3. Complete Section 2 of the Form I-9 with the document information.   On the 10/21/19 version of the Form I-9 write in the “additional information†section “Alternative Procedure.â€Â  On the new I-9 released on August 1, 2023, there is a box to check to indicate that you used the alternative procedure.
4. The employer must maintain the copies of the I-9 supporting documents with the Form I-9 and make them available in the event of an I-9 audit.

Employees who do not want to provide copies of documents electronically cannot be required to use the alternative procedure.  Companies must allow employees who are unable or unwilling to use the alternative procedure to provide documents for physical inspection.

III. THE ALTERNATIVE PRODECURE CAN BE USED TO VERIFY I-9s COMPLETED REMOTELY UNDER THE COVID-19 FLEXIBILITY.

Employers who were enrolled in and in good standing with the E-Verify program during the COVID-19 flexible remote procedures between March 20, 2020 and July 31, 2023, can use the new alternative procedure in lieu of conducting a physical inspection of the employee’s Form I-9 documents, provided that the employer created an E-Verify case for the remote hire at the time of completing the remote Form I-9.  Employers must use the procedure described above and notate in the “additional information†box “alternative procedure†with the date of the live video interaction.  This must be completed by August 30, 2023.

Employers who choose to use this alternative procedure should make it available to all impacted employees and not use it selectively in a manner that may be discriminatory.

Companies who were not enrolled in E-Verify at the time of the remote hire or who did not create an E-Verify case for the remote hire cannot use the alternative procedures and must have a company representative physically inspect the documents used to create the remote I-9 during the COVID-19 flexibilities.

IV. RECOMMENDATIONS RELATING TO THE FORM I-9

With I-9 fines as high as $2,700 per Form I-9 that contains errors, employers need to ensure that they are in compliance with the I-9s requirements.  Employers should take steps to help promote I-9 and employment verification compliance, which could include but are not limited to:

1. Ensure that all employees are completing Section 1 of the Form I-9 on their first day of work and that the Company fully completes the Form I-9 by the third day.
2. Provide I-9 training to all employees who will complete Section 2 of the Form I-9 on behalf of the Company.
3. Implement an immigration compliance policy and an E-Verify policy (if using E-Verify).
4. Conduct regular internal I-9 audits and correct errors.

PSGM Law is available to help companies audit their current Form I-9s and help develop policies and strategies to promote I-9 compliance. We regularly conduct internal I-9 reviews and train companies on I-9, E-Verify and immigration law compliance.  Prepare now to be ready if ICE comes knocking.

Pace Selden Gilman Marks Launch PSGM Law in Phoenix Representing Companies of All Sizes

A group of nationally known and experienced lawyers in litigation, employment, OSHA, corporate and business launches a new law firm, Pace Selden Gilman Marks PLLC dba PSGM Law. The firm launched with five lawyers and a team at a new office in Phoenix. The founding members of PSGM Law have worked collaboratively together for many years at other national and state law firms, handling matters across the state, country and globally.

The Founding Partners of PSGM Law are Julie Pace, David Selden, Heidi Nunn-Gilman and Danny Marks. The team draws on their 100 years of combined legal experience with depth and breadth in a variety of practice areas with a national reputation serving clients in litigation, OSHA, construction, I-9 audits, DOL audits corporate, government relations and employment law.

“Responsive. Creative. Results. That is our approach at PSGM Law,” said partner Julie Pace. “We love what we do in helping clients and we have a commitment to solving client challenges and being accessible 24/7/365 days to handle client emergencies.” Julie continued, “We are also thrilled to create a pension and profit sharing plan to benefit the entire team.”

Julie Pace has more than 30 years of experience concentrating her practices in the fields of employment law, 1-9 and immigration compliance, OSHA, healthcare, and construction. She represents companies to defend claims of sexual harassment, employment discrimination, retaliation, whistleblower, wrongful discharge, and against charges by the EEOC and ACRD. She has extensive experience providing counseling and training, assisting on investigations and corporate governance matters, dealing with Davis-Bacon, FAR and government contracts and a full array of employee grievances, executive agreements and negotiations, hearings, and litigation matters.

With over 40 years of legal experience, partner David A Selden’s practice areas include representing businesses in employment and commercial litigation. He has drafted approximately 12 Arizona employment laws that were enacted to help foster a strong business climate. He excels in litigation and employment including but not limited to contract disputes, wrongful termination, non-competes, independent contractors, employment discrimination, breach of fiduciary duties, and alleged misclassification issues with DES and other government agencies. He handles matters involving OSHA, ICE, Davis-Bacon, and government contracts.

“We are delighted to have the opportunity to serve our clients with a flexible and responsive platform with state-of-the-art technology and software which improves efficiencies for our clients” stated David A. Selden.

Heidi Nunn-Gilman’s practice focuses on employment litigation and human resource matters. She has 20 years of expertise advises clients on matters relating to labor and employment law, including I-9 and immigration compliance strategies, E-Verify, ICE and worksite enforcement, wage and hour and DOL, OSHA, non-competition and confidentiality agreements, paid sick leave or family leave, employee handbooks, and executive agreements, among many other areas. Heidi frequently writes and speaks on a number of employment, immigration compliance, and labor matters.

Partner Heidi Nunn-Gilman said “I have worked for decades with this team and enjoy problem-solving for clients. I am delighted to work as part of a synergistic team that enjoys working together and is focused on client service.” Heidi continued, “I enjoy mentoring the next generations at companies and internally at our firm.”

Danny Marks is a litigator, business attorney, and advisor who enjoys finding creative and achievable solutions. Danny’s practice is devoted primarily to litigation matters involving commercial disputes, intra-corporate disputes, business disputes, trade secret theft, fraud claims, real estate disputes and corporate transactions. Danny enjoys collaborating with clients to develop strategies, minimize risks, and advance their interests.

“I am excited that I have talented colleagues and together we have the right blend of skills and experience to help clients overcome challenges with creative and effective representation,” stated Danny Marks, PSGM Law Partner.

Litigation attorney Steven Coffin joins the firm as an associate attorney licensed in Arizona and Texas and represents companies in a variety of commercial and employment litigation matters, and governance issues. Paralegal Eda Barolli has seasoned experience in employment, OSHA, I-9s, and business immigration law.

PSGM Law will continue to serve their existing clients as well as grow the firm’s practice areas in commercial litigation, government contracts, healthcare, I-9 audits and immigration, OSHA, real estate, transportation, construction law, and various others.

PSGM Law office is located at 7901 N. 16th Street #200 in Phoenix and can be reached at 602.851.8799.

For more information about Pace Selden Gilman Marks Law visit www.PSGMLaw.com.

About PSGM Law:
Pace Selden Gilman Marks PLLC dba PSGM Law is committed to solving client problems and helping clients achieve success and attain goals. PSGM Law serves as General Counsel to many companies and has a long track record of serving clients in Litigation, OSHA, Corporate, and Employment Law. PSGM Law represents companies ranging from Fortune 500 corporations to midsize and small businesses. PSGM Law brings a wealth of experience and expertise to the table.

Areas of Practice: Appellate, Collections, Construction Law, Corporate & Business Law, Employment & Labor, Government Contracts, Government Relations & Administrative Law, I-9 Audits & Immigration Compliance, Litigation, Mediation & Alternative Dispute Resolution, OSHA & Workplace Safety, Real Estate, Transportation, and DOL/Wage & Hour.

Busy week for Pace Selden Gilman Marks with firm partner Julie Pace speaking at the National CFMA Conference talking with business leaders on how to conduct audits to protect your company. We love getting out there and talking with companies about important issues facing us today! Check out our social media to learn more about our good works!