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.”
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.”
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CLICK HERE TO READ THE FULL PARADISE VALLEY INDEPENDENT ARTICLE.
By Julie A. Pace, Heidi Nunn-Gilman, David A. Selden
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.
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:
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:
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.
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.
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:
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.
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!
Julie Pace was honored by the American Subcontractors Association of Arizona in May 2023. Julie was proud to receive the Outstanding Service Award in recognition of her long service to the betterment of the construction industry and its workers.
In presenting the award, ASA Executive Director Josh Umar praised Julie’s many contributions to improve the safety of the construction profession and her commitment to help business owners achieve success, proactively help with compliance issues and strategies to address before and after the government comes knocking, represent the interests of contractors to achieve safe work practices, to train their workers, and to achieve a common sense regulatory environment that focuses on achieving results in a fair and consistent way, rather than imposing regulatory straitjackets.
Julie has received prior awards from the ASA, as her initiatives and leadership on construction safety and legal issues have spanned more than 30 years. She has given a special focus on promoting cooperation and assistance between general contractors and subcontractors to fulfill their respective roles in operating safe construction sites and to reduce the potential for conflicts in the construction industry.
Julie’s work in the construction industry includes the representation of contractors throughout the country, including handling more than 1,000 OSHA inspections, including handling more than 350 fatalities. This broad experience has given her insights into the best practices to reduce the risk of injuries and minimize safety shortcuts among workers. Her work in representing contractors has also been responsible for her recognition in The Best Lawyers in America in the field of construction law.
Danny Marks has had a blockbuster year, from participating in a work development program overseas to collecting multiple awards.
In December, Danny was fortunate enough to participate in a work development program in Tel Aviv, Israel for young professionals from across the world. Throughout the one-month program, during which time participants worked from a workspace in downtown Tel Aviv, Danny was afforded the opportunity to meet with leaders at Israeli startup companies (Israel has one of the highest number of startups per capita worldwide), networked with venture capitalists, and participated in multiple events regarding issues in the Middle East.
Danny was one of 24 participants selected for the program, and the only participant who lives in Arizona. The other young professionals live across the globe, with seven of the participants living outside of the United States. Danny is thankful that he had the opportunity to participate in such an enriching program and to have made such great contacts, all while being able to continue providing legal services to clients.
In addition to his professional adventures, over the past year, Danny has been recognized by multiple publications for his contributions to the legal profession. For example, Danny was recognized as a Rising Star for Business Litigation by Thomson Reuters’ Southwest Super Lawyers, an honor reserved for lawyers who exhibit excellence in practice. Only 2.5% of attorneys in the Southwest region receive this distinction and the selection is based on an evaluation of 12 indicators including peer recognition and professional achievement in legal practice.
Danny was also recognized by Best Lawyers: Ones to Watch for his work in the following practice areas: (1) Alternative Dispute Resolution, (2) Commercial Litigation, (3) Construction Law, (4) Corporate Law, (5) Labor and Employment Law – Management, (6) Litigation – Construction, and (7) Litigation – Labor and Employment.
PSGM Law is proud to have Danny as one of its partners, and PSGM looks forward to Danny’s ongoing success. He is a great coach and mentor to others and is dedicated to serving clients.
By Julie A. Pace, Heidi Nunn-Gilman, David A. Selden
The penalties for I-9 errors, like everything in life, have increased for inflation. One error on the Form I-9 can result in fines of over $2,700 per Form I-9. Employers need to ensure that they are in full compliance with the employment eligibility verification and I-9 requirements.
Companies using electronic I-9 systems need to audit third-party electronic I-9 systems to ensure that the electronic I-9 system is compliant. One of the areas where many violations occur is with the audit trail, which must record any action taken (data entered), the person who entered it, and the time at which it was entered. Another area that may face challenges of compliance is the electronic signature. The system should have a pin, password, or other verification that the signature is applied by the employee.
The employer, NOT the electronic I-9 provider the company paid and hired, is liable for fines from ICE. ICE considers any Form I-9 that is created by a non-compliant electronic I-9 system as a Form with a substantive error, regardless of whether the Form I-9 is fully complete or contains any other errors. With penalties over $2,700 per form, a non-compliant electronic I-9 system can be a huge liability. Companies are engaging in litigation with its third party electronic I-9 provider about fines and consequences.
The temporary policy from USCIS allowing employers to complete the Form I-9 for remote workers without an in-person physical inspection of the Section 2 documents ends on July 31, 2023. Employers must physically inspect the documents for any employees whose I-9 was completed using the COVID-19 remote protocols by August 30, 2023.
Employers who remotely completed the Form I-9 without a physical inspection of the documents must physically inspect the original documents used to remotely complete the Form I-9 notate the physical inspection in the “additional information box” in Section 2 as follows:
a. If the same person who completed the remote inspection completes the physical inspection, write “COVID-19, Documents Physically examined on mm/dd/yyyy by [initials]”
b. If a different person does the physical inspection of documents than did the remote I-9, write “COVID 19, documents physically examined on mm/dd/yyyy by [Name], [Title]”
c. If employee present a different document from the List of Acceptable Documents than what the employee provided for the remote inspection, USCIS advises complete Section 2 of a new Form I-9 and attach to the Form I-9 completed originally with remote inspection of documents.
d. If the document presented for remote inspection at the time of hire has expired, employer may still accept it for in-person inspection and should not request a new unexpired document because the document was unexpired at the time of hire (except if the person was an alien with temporary work authorization and work authorization expired)
e. If an employee has separated prior to the date a physical inspection of documents can be completed, note this in the Additional Information box on page 2 of the Form I-9.
f. If an employee refuses to provide documents for an in-person physical review of the documents, USCIS has stated that an employer cannot continue to employ the individual.
After the temporary COVID rules expire, an employer representative must physically inspect documents to complete Section 1. For remote hires, the employer may designate another person to physically inspect the documents and complete Section 2. The employer, however, remains liable for errors.
A designated representative can be essentially anyone, including another employee, but employee cannot complete Section 2 of their own Form I-9. Notary publics (except as prohibited by state law and not to notarize I-9), HR consultant, employment law attorney, etc. can be employer representatives. A family member or friend can be used but not typically recommended because they lack knowledge of I-9 process. Some electronic I-9 systems offer a network of individuals to complete the physical inspection required in Section 2 for remote workers for companies who use the electronic I-9 system.
On August 17, 2022, USCIS published the Notice of Proposed Rulemaking to revise the I-9 rules to allow USCIS to propose pilot programs for alternative procedures for reviewing documents, other than physical examination of the original documents. The regulations do not propose the alternatives, just allow USCIS to create pilot programs to test various methods. The regulations propose changes to I-9 to require employers to specify when the alternatives methods of reviewing documents were used.
The current Form I-9 has an expiration date of 10/31/22. USCIS has instructed that employers continue to use it until a new Form I-9 is issued.
USCIS has proposed a return to a one-page Form I-9 that consists of Sections 1 and 2 on one page. Section 3 for rehires or reverification, as well as the preparer/translator section, would be on a separate page to “supplement” and add to the I-9 if those sections are needed. Stay tuned for a new I-9 to start using when it is available.
