Valley Views Newsletter | March 2010

A Publication for the Roanoke Valley Society for Human Resource Management
PO Box 21204, Roanoke, VA 24018 || www.rvshrm.org || Vol. 15 Issue 3

Tammy Moss Finnley, Vice President, Employment Counsel, Advance Auto Parts, Inc.

"Employment Law - A Year in Review (and a Glimpse Forward)", discussing the many changes in employment laws over the past year and looking forward to future changes on the horizon. Topics include - EEOC Trends, ADA Amendments, FMLA changes, Lilly Ledbetter Fair Pay Act, EFCA, etc.

Tammy Moss Finley is Vice President, Employment Counsel for Advance Auto Parts, Inc., a Fortune 500 automotive aftermarket retailer based in Roanoke, Virginia. Advance Auto Parts has been in business since 1932 and has 3400+ retail stores operating in over 40 states. Mrs. Finley has responsibility for managing all employment-related agency complaints and litigation, as well as employment law/ethics compliance and training, labor relations and government affairs. She has been with Advance Auto Parts for 12 years. Prior to serving as Vice President, Employment Counsel, Mrs. Finley held the position of Vice President, Staffing & Team Member Relations within Advance's Human Resources department. She was an Attorney with The Center for Employment Law, PC prior to joining Advance in 1998.

Mrs. Finley received her law degree in 1993 from the Marshall-Wythe School of Law at the College of William & Mary. She received her undergraduate degree from Virginia Tech.

Please make reservations by Wednesday, March 17th. Register online or e-mail Jaime Clark at This e-mail address is being protected from spambots. You need JavaScript enabled to view it   Please include "RVSHRM RSVP" in the subject line.

This program has been submitted for HRCI Credits

Our April Meeting is Sponsored by Colonial Life

Greetings...

I'd like to thank Jeff Smith, Professional Certified Coach with the Titan Group for an awesome presentation in February. It was interactive, energetic and provided an overview of coaching and why leaders should care about this critical competence. The program was certified for 1 hour of HRCI credits. We much appreciated his donation of 3 complimentary coaching sessions and a leadership assessment as our drawing give-away.

Thanks also, to Christopher Rogone with Executive Security Concepts who shared experiences and knowledge with security cautions and when to act on them.

I was recently on the SHRM website reading the Latest News section and according to Hewitt's survey conducted in November/December 2009, most of the 162 U.S. mid-sized to large companies representing 5.7 million employees will restore 401(k) in 2010. More good news is that a growing number of businesses are converting temporary workers to permanent hires, heralding a warming job market. Another article stated that according to a survey conducted by Society for Human Resource Management  about half the firms they surveyed are boosting their hiring in March, the most in about two years. That's some good news for a change.

Read more in detail and other current HR topics at shrm.org. Also, register for the upcoming National SHRM Conference in San Diego, Ca.  The dates are June 27 - 30, 2010. 

You can now register online at rvshrm.org for the Virginia SHRM Conference to be held at Hotel Roanoke scheduled for September 29, 30 and October 1, 2010.

Check out new opportunities for advertising your products and services on the RVSHRM website to over 300 members.  But hurry, spaces are limited and the pricing is affordable. Contact Kim Carte, Exhibitor Chair at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

We have another fabulous meeting planned for March.  Tammy Finley, V.P. Employment Counsel for Advance Auto Parts will be speaking on the many changes in employment laws over the past year and looking forward to future changes on the horizon.

Be sure to join us for this informative legal update on March 23^rd at The Sheraton Hotel Airport with registration beginning at 11:30. Please take note of the different location for March's meeting.

I'll see you on the 23^rd.

Sincerely,

Donna Tatum,

President, RVSHRM

On March 2, 2010, U.S. Immigration and Customs Enforcement ("ICE") issued notices of inspection to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. These notices alert business owners that ICE will be inspecting their I-9 forms and other hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

The 180 employers noticed for inspection are just the latest under a new enforcement strategy that ICE implemented in 2009 to focus on auditing and investigating employers.  In July 2009, ICE announced that it was serving notices of inspection on 652 businesses around the country and in November 2009 the agency served notices on an additional 1,000 employers. Such inspections are expected to continue and expand.

With this renewed focus on immigration enforcement, RVSHRM members should be reviewing their company's policies to ensure that they are complying with U.S. immigration law.

Under the federal Immigration Reform and Control Act of 1986 ("IRCA")[i], employers must not knowingly hire or continue to employ any person not authorized to work in the United States. Employers also have an independent obligation under IRCA to verify the employment eligibility of every person hired by the employer through the I-9 process. Even minor deficiencies in completing a Form I-9, Employment Eligibility Verification form can result in an employer being cited for a "paperwork" violation and incurring a civil fines of $110 to $1,100 per employee/I-9 form. Moreover, certain paperwork errors can be so egregious as to constitute recklessly or "knowingly" employing unauthorized workers, with potential fine liability of at least $275-2,200 per violation. Criminal penalties can apply for engaging in a "pattern or practice" of knowingly hiring or continuing to employ unauthorized workers.[ii]

It is imperative that employers develop and maintain an accurate I-9 employment eligibility verification system in order to comply with federal law and be prepared in the eventuality of a government audit. Where the I-9 forms are fully and properly completed and retained, employers will generally be protected from both paperwork and "knowing hire" charges. Thus, the first step every employer should take is to review their own I-9 files to be sure that they are complete and up-to-date. A few points to keep in mind when reviewing your I-9 files:

• Completed I-9 forms are required for all employees (regardless of citizenship) hired on or after November 6, 1986. This requirement applies to all employers; there is no minimum number of employees.
• The employee must complete Section 1 of the I-9 form on or before the date of hire.
• The employer must complete Section 2 of the I-9 form and review the documents presented by the employee within 3 business days of hire.
• The choice of what documents to present to prove identity and work authorization is up to the employee. Employers may not require employees to present specific documents in order to be hired. A list of acceptable documents is included on the I-9 form.
• Employers are not expected to be document experts. So long as the documents reasonably appear to be genuine on their face (i.e., consistent type styles, no white outs/typeovers, biographic data matches employee, etc.) the employer must accept them.
• Employers are permitted but not required to make copies of the documents presented by their employee for I-9 completion. It is important that the employer's policy in this regard be standardized and applied consistently for all employees. Employers should not make document copies only for some workers.

Detailed information about the I-9 form and employment verification requirements, including a copy of the form, is available at the U.S. Citizenship and Immigration Services website. http://www.uscis.gov/i-9

In this new enforcement environment, employers are urged to be proactive and conduct their own internal audits to ensure that they are complying with their I-9 obligations. Conducting an internal audit and correcting any problems with their I-9s will put employers in the best position to defend themselves should ICE ever decide to come knocking at their door. LeClairRyan's Immigration team has extensive experience in conducting I-9 audits and assisting employers in conducting their own internal audits. For assistance with I-9 questions or other immigration matters, please contact one of the Immigration Team members below:

Jeffrey A. Van Doren Phone: 540-510-3054 or e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Debra J.C. Dowd Phone 804-343-4069 or e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Barbara A. Bavis Phone 703-647-5907 or e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The author is a partner with LeClairRyan in its Roanoke office, where he focuses his practice on immigration and employment issues. Questions about this article or other immigration or employment issues may be directed to him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by phone (540) 510-3054.

[i] 8 U.S.C. § 1324a(a)(1) and (b).

[ii] 8 U.S.C. § 1324a(f)

Roanoke Valley SHRM

Board Meeting Minutes

Hotel Roanoke

February 23, 2010

Present: Donna Tatum, President; Susan Ditzler, President-elect, Laura Spafford, Secretary, Tina Ragland, Coy Renick, Jaime Clark, Johna Campbell, Sharon Bowers, Jeff Smith, Sylvia Moore, Tracy Hale, and Kim Carte.  Meeting called to order at 10:35 a.m.

The proposed changes to the bylaws were read. Sharon moved, Susan seconded to approve the changes in their entirety. Motion carried.

The budget was discussed, however it was decided to send the proposed budget to the Board by email, and they will vote by email.

It was decided that the deadline for registration for the monthly luncheon meeting will be changed to the Wednesday prior to the meeting (eight days ahead). This will be announced in various places on the website and at today's luncheon meeting. The March meeting will be held at the Sheraton.

Again there was discussion of purchasing a portable banner (set of three) for meetings and the State Conference. The microphone has not yet been purchased.

Jeff Smith discussed today's raffle; the prize is leadership coaching sessions. He and Tina will be doing a Foundation presentation later this year. He said they have had some scholarship requests, so the 'word' is getting out.

Laura discussed the difficulty with the membership roster, but thanked Becky Reynolds for all she is continuing to do to help straighten it out.

Johna discussed that the Legislative updates will be done sequentially by either 3 or 4 of the local law firms taking turns.

Sharon discussed the website, and advertising options. The prices will be listed on the website.

Lauren discussed the progress of the State Conference, and will hand out the exhibitor and sponsorship information at today's meeting to give local organization 'first dibs'.

Meeting adjourned at 11:30 a.m.

Respectfully submitted,

Laura E. Spafford

Secretary

Take charge of your professional life in 2010 by joining the other 103,000⁺ human resource professionals who know that certification enhances their career potential. Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it today for more information!

As our economic times are uncertain, I would like to take this opportunity to inform or remind you that national SHRM offers a free membership renewal for "Members in Transition". This opportunity is available only once during the course of your membership.

To take advantage of this one time free membership renewal, please contact SHRM's customer service number at 1-800-283-7476

Tom Coffey, VP of Membership

MONTHLY SPONSORSHIP OPPORTUNITIES

Are you interested in sponsoring a monthly RVSHRM meeting? 2010 is the time! Don't miss your chance. This is your opportunity to introduce your company to a large group of professionals and share with them the benefits of doing business with you.

Monthly meeting sponsorship opportunities are available at a cost of $250. Sponsors are permitted to set up a display table inside of the meeting room and will have 3 minutes of podium time at the beginning of the meeting. Organizations interested in sponsoring a membership meeting should contact Kim Carte at 540-777-1732 or by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Please check your profile to make sure all information is correct and up to date. Also, as you renew your national membership, please change your expiration date on your profile.

REMINDER:
This is your organization and we would like to keep up to date with you. All members who have changes in their position or employment should notify Laura Spafford @ This e-mail address is being protected from spambots. You need JavaScript enabled to view it and don't forget to change your information on your profile!

HAVE YOU RECENTLY EARNED YOUR PHR OR SPHR?
If so, please update your membership file or email Tom Coffey @  This e-mail address is being protected from spambots. You need JavaScript enabled to view it and he will do it for you.