Managing Flexible Work / Telecommuting

Transcription

1 Managing Flexible Work / Telecommuting Prepared For: CopperPoint Insurance Companies 2017 Safety Works Expo August 23, 2017 (Tucson) September 19, 2017 (Phoenix) Julie A. Pace The Cavanagh Law Firm, P.A jpace@cavanaghlaw.com Heidi Nunn-Gilman The Cavanagh Law Firm, P.A hnunngilman@cavanaghlaw.com

2 Important Legal Notice 2 This presentation is to provide general information and updates regarding some potential legal issues relating to telecommuting. These materials are not intended to provide legal advice on specific compliance issues. Attendees should consult with legal counsel for legal advice about whether, based on specific facts and circumstances, the company complies with the applicable laws.

3 What is Telecommuting? 1. A telecommuter is an employee who spends at least one day per week working from home or another location outside of the office and is connected to the employer s place of business through some form of technology. 2. As technology makes it easier to telecommute, the popularity of telecommuting has increased. 3. Telecommuting now allows employees to work from different states or even different companies. 3

4 What is Telecommuting? 1. Workplace Flexibility initiative reports that 80% of workers want more flexible work options and are willing to use them if they perceive there are no negative consequences tied to utilization. 2. A greater number of employers offer flexible work arrangements. A SHRM study showed: a. 51% of companies surveyed offer some form of telecommuting; b. 35% offered compressed work weeks; c. 18% offered job sharing. 4

5 Types of Telecommuting or Flexible Work Arrangements 1. Telecommuting or flexible work arrangements take a variety of forms, including but not limited to: a. Full-time working from home b. Part-time working from home c. Allowing employees to choose their own work hours within certain parameters designed to ensure customer service, including variable schedules (different start/stop times each day); d. Compressed work schedule, such as 4, 10 hour days versus five 8 hour days or 80 hours in 9 days. e. Job-sharing between two employees 5

6 What Types of Jobs are Suitable For Telecomuting? 1. Jobs that require in-person interaction with clients are generally not suitable for telecommuting. 2. Jobs that are best suited to telecommuting are often those that require minimum physical activity, low overhead requirements, and have definable and measurable goals and long-term deadlines. 6

7 What Types of Jobs Are Suitable For Telecommuting? 1. Accounting 2. Architecture 3. Attorneys 4. Claims processors 5. Computer programmers 6. Customer service agents 7. Data entry personnel 8. Designers 7 9. Engineers 10. Financial managers or planners 11. Professionals 12. Real Estate Agents 13. Researchers 14. Telephone or computer sales workers 15. Writers 16. Others

8 Characteristics of Positions/Persons Suitable For Telecommuting 8 1. Self-motivated individuals who need to telecommute for a variety of reasons are often the most successful. a. These employees are most likely to be motivated to succeed and less likely to abuse the benefits of telecommuting. 2. Successful telecommuters tend to be well-organized, taskcentered, and have the ability to meet deadlines and work well without a supervision. 3. Successful telecommuters must have the ability to communicate well in writing and by telephone. 4. Successful telecommuters are generally not concerned about being socially isolated.

9 Benefits of Allowing Telecommuting or Flexible Work Arrangements 1. Telecommuting may actually increase productivity. c. Workers may be able to work during their personal peak productivity hours rather than company open hours; d. Workers spend less time commuting to and from work so can work more productive hours; e. Nature of telecommuting is such that employment becomes goal or task oriented as opposed to being paid merely for time on the job. 2. Telecommuting may improve employee morale. c. Less stress from not having a daily commute in traffic. d. Flexibility in hours may assist with managing work and child care activities. e. Promotes work/life balance. 9

10 Benefits of Allowing Telecommuting or Flexible Work Arrangements Reduces office space, which can reduce costs for employers. 4. Allowing telecommuting may reduce employee absenteeism and turnover. c. Telecommuters can work from home even when they would otherwise be too sick to come to the office. d. Telecommuting has been shown to increase employee satisfaction which leads to reduced employee turnover.

11 Benefits of Allowing Telecommuting or Flexible Work Arrangements Can assist in recruiting and help draw the most highly qualified employees. c. Allows employer to recruit talent from anywhere rather than being limited to their office location. d. May eliminate the cost of relocating new employees and their families. 6. Helps retain employees and can increase employee satisfaction by supporting work/life balance, which is valued by employees of Generation X and Millenials c. According to CareerOneStop, which is sponsored by the U.S. Dept. of Labor, one of the top five things sought by today s employees is flexible work schedules that recognize the need for work/life balance.

12 Managing Telecommuting Employees 1. Train supervisors to focus on employee s work product, rather than attendance or face time. 2. Goals and tasks must be specific and well communicated. 3. There must be some relatively objective method to measure employee s productivity or performance. 4. For non-exempt employees, it is often best if there is a way to observe actual hours worked, such as computer log-ons, telephone system access, or other methods of verifying that the hours reported are the hours worked. 5. Employers often feel more comfortable allowing exempt employees to telecommute. 12

13 Steps to Take When Implementing a Telecommuting Program Be task oriented - focus in goals, productivity, and taskbased evaluation of performance. 7. Communicate effectively c. managers must communicate frequently and well with the telecommuting employee; d. Employees and managers should promptly respond to phone calls and s from each other. 8. Plan ahead - managers must plan in advance and delegate well in advance any assignment deadlines.

14 Steps to Take When Implementing a Telecommuting Program Provide training and support as necessary. c. Provide specialized training if necessary on any equipment used for telecommunicating. d. Provide technological support and repairs of equipment used for telecommuting. e. Make contingency plans for events such as system failures and/or equipment malfunctions. 10. Take steps to address electronic safety and security of Company information and, if employee is providing equipment, address employer s rights to access equipment containing Company information.

15 Steps to Take When Implementing a Telecommuting Program 11. Clarify the rules. 15 c. Make sure that telecommuting employees understand that leave, vacation, and/or sick policies apply. d. Require employees to call in their schedules and notify supervisors if they are not working. e. Telecommuting employees should understand that being provided the freedom to work outside of the office does not include freedom to violate and/or ignore standard forms, policies, and/or procedures otherwise necessary in the office. f. Rules relating to dependent care should be expressed and policies should provide requirements that employees make arrangements for care of children/elderly in the home.

16 Documenting a Telecommuting Arrangement 1. One of the most important aspects of the telecommuting arrangement is to document the arrangement. The document can be part of an employment agreement, telecommuting agreement, or a handbook or policy manual. 2. Minimum elements of the document include, but are not limited to: 3. The hours the employee will work; 4. The tasks the employee will perform; 5. The time of day/hours that the employee will be available at their home office; 6. The area(s) of the home that will be considered the work location; The times that the employee will come to the office for meetings, assignments, or other matters.

17 Documenting a Telecommuting Arrangement 3. Minimum elements of the document (cont.) c. A description of the home office, including what equipment is required and who will pay for the equipment, who will pay for maintenance or replacement, any required telephone or internet requirements, office supplies, etc. d. Provisions addressing the safety of the home office and requiring that the home office be a safe and efficient work space. e. A description of how the confidentiality of the employer s business will be protected. f. Provisions relating to keeping the workplace free from disruption, including how children will be cared for without interfering with the employer s business interests; g. Requirements to track time and tasks (non-exempt employees) 17

18 Technology Considerations 1. When making telecommuting arrangements, employers should consider the necessary technology required for the employee to do their work at home. This can include: a. Dedicated job and company phone line; b. Professional voice mail system that ensures no busy signal or waiting and identifies job and company; c. Phone system with the ability for three-way or conference calling; d. Ability to scan and documents (or fax documents); e. Professional, dependable internet service with appropriate security. 18

19 Telecommuting Across State Lines 1. Ensure that workers compensation and other insurance policies specifically include telecommuting and cover other states. 2. Ensure that the company is familiar with state labor and employment laws in the states in which the employer has telecommuting employees. 3. Consider issues such as: a. New hire reporting (can use multi-state option); b. State tax obligations; c. Unemployment tax and payment obligations; d. Professional licensing and insurance requirements. 19

20 Application of Safety & Health Laws to Telecommuting Arrangements 1. The Occupational Safety and Health Act requires an employer to provide a workplace that is free from recognized hazards involving safety and health and to comply with the OSHA safety and health Standards (or state equivalent, which in Arizona is ADOSH). 2. Employers are presumed to know the details of applicable OSHA/ADOSH Standards Current OSHA policy is not to conduct inspection of home offices, but will inspect if receive a complaint relating to safety of other home-based operations, such as cottage manufacturing, e.g., clothing, buttons, embroidery, fans.

21 Application of Safety & Health Laws to Telecommuting Arrangements 4. Regardless of OSHA s current policy, employers are advised to require telecommuting employees to maintain a safe working environment at their home office, because employers likely remain responsible for injuries that occur while the employee is working at home. 5. Employers should consider assisting employees to set up the home office so that it is ergonomic and free from recognizable hazards. 6. Employers may also want to consider periodic safety training or reminders to home-based workers. 21

22 Workers Compensation and Safety Considerations There are few reported cases related to workers compensation and home-based workers, but it is generally agreed that workers compensation covers injuries that occur at a home-based office during course and scope of employment. 2. Claims for injuries at home are difficult to defend because generally no witnesses.

23 Workers Compensation and Safety Considerations 3. Employers should also review insurance policies (not limited to workers compensation) to ensure coverage of at-home workers, particularly if working from another state. 4. Employers should have policies and procedure in place to minimize workers compensation claims: a. Written agreement that defines the working areas. b. Written agreement that defines the working hours. c. Checklist of safety issues and arrangements. d. Requirements for the timely reporting of injuries at home. 23

24 Safety Checklist for Home Office 1. General work areas: a. Floors free of hazards. b. Phone lines and electrical cords secured under desk or against wall and away from heat source? c. File drawers are not to top heavy/at risk of tipping forward. d. First aid supplies are available? e. Temperature, ventilation, and lighting are adequate. 2. Fire Safety: a. Working smoke detectors cover designated work area. b. Walkways and doorways are unobstructed. c. There is more than one exit from the work area. d. The work space is free of trash, clutter, and flammable liquids. e. Radiators and portable heaters are located away from flammable materials. 24

25 Safety Checklist for Home Office 3. Electrical Safety: a. Computer system is connected to surge protector. b. Electrical system is adequate for office equipment. c. All electrical plugs, cords, outlets and panels are in good condition with no exposed/damaged wiring. d. Extension cords and power strips are not daisy chained and no permanent extension cord in use. e. Electrical outlets are grounded with a three-pronged plug. 25

26 Safety Checklist for Home Office 4. Workstation Ergonomics: a. Officer furniture and equipment are ergonomically correct, such as proper desk height, keyboard height, monitor height and distance. b. Chair is sturdy and adjustable with backrest and casters appropriate for floor surface. c. Computer screen from from noticeable glare? d. Adequate lighting at work station? 5. Other Safety/Security Measures: a. Files and date are secure. b. Materials and equipment are in a secure place that can be protected from damage or misuse. c. Employee has any necessary personal protective equipment. 26

27 Telecommuting as a Form of Light Duty or Modified Duty Under Workers Comp 1. In most states, temporary total disability payments under workers comp can be terminated when the employee is cleared to return to modified work duty, the employee is offered modified or light duty, and the employee refusing the light duty assignment. 2. An offer of modified duty as a telecommuter may benefit the employer on the workers compensation front: a. If accepted can reduce workers compensation costs and help control the E-Mod; b. If employer followed proper procedures and the offer is rejected, this may be used as a basis to terminate total disability payments. Work with your attorney and workers compensation carrier to ensure you are following proper procedures. 27

28 Americans with Disabilities Act (ADA) 1. The ADA prohibits employment discrimination against people with disabilities. 2. Under the ADA, an employee or applicant has a disability if he or she meets any one of the following: a) physical or mental impairment that substantially limits one or more major life activities of such individual; or b) a record of such an impairment; or c) is regarded as having such an impairment. 3. A qualified person with a disability is one who can perform the essential functions of the job, with or without reasonable accommodations. 28

29 ADA: An Employer s Obligations and Rights 1. If the employee is a qualified person with a disability the employer has an obligation to attempt to provide a reasonable accommodation Categories of reasonable accommodation. 29 a) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or b) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or c) modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

30 ADA: An Employer s Obligations and Rights 1. Employer must engage in interactive dialogue to determine accommodation. 2. An employer is not required to provide a requested or available accommodation if it would pose an undue hardship on the business. Examples: a) Overall financial costs b) Type of operation cannot be conducted with the accommodation 30 c) Impact of the accommodation on fellow employees or the Company s ability to perform operations

31 ADA: An Employer s Obligations and Rights 1. Reasonable accommodations may include: a) making existing facilities accessible; b) job restructuring; c) part-time or modified work schedules; d) acquiring or modifying equipment; e) changing tests, training materials, or policies; f) providing qualified readers or interpreters; and g) reassignment to a vacant position. 31

32 Telecommuting as as Reasonable Accommodation Under the ADA An employee with a disability requests working work at home. The employer does not have any telecommuting work program and states that is therefore unable to allow the employee to work at home. The employee alleges that it is discriminatory not to have a telecommuting work program and that the employer must accommodate the employee's request. What are the employer's obligations?

33 Telecommuting as a Reasonable Accommodation Under the ADA An employer's telecommuting policy requires employees to have one year of employment before being eligible for telecommuting. May the employer deny telecommuting to an employee with a disability who has not worked at the company for a year?

34 Telecommuting as as Reasonable Accommodation Under the ADA 1. Some courts have supported telecommuting as a reasonable accommodation under some circumstances, but employers are not required to permit telecommuting in circumstances in which: a. productivity inevitably would be greatly reduced ; b. where interaction with customers or coworkers is an essential function of the position; c. Where the position cannot be performed remotely. 2. Other courts have stated that telecommuting would be a reasonable accommodation only in unusual circumstances, but note many of these cases are years old. 34

35 Telecommuting as as Reasonable Accommodation Under the ADA 1. Best practice and the suggestion of the Ninth Circuit Court of Appeals, which covers Arizona--is to perform an individualized analysis and interactive dialogue. a. Assess whether the job can be done at home, with or without modification of non-essential positions. b. Evaluate whether job requires regular interaction with customer or coworkers. c. Ensure telecommuting policy is not applied in discriminatory manner. 35 d. Obtain medical information bearing on the appropriateness of the work-at-home accommodation or alternative accommodations.

36 I-9 & New Hire Paperwork for Telecommuters 1. Modern technology allows employees to be hired and never even come to the main office. 2. When employers hire remotely, they need to make sure that employees complete all new hire paperwork. While most paperwork does not require more than the employee s signature, the Form I-9 must be completed by an employer representative after viewing original documents from the employee. 3. Under USCIS guidance, an employer may designate an authorized representative to complete the Form I-9 on behalf of the employer. 36

37 I-9 & New Hire Paperwork for Telecommuters 4. An authorized representative can include any Company personnel, third party agents, or a notary public. 5. Employer can hire a third-party to complete the Form I-9 for the remote employee, but the employer remains liable for any violations and therefore should double check that the I-9 is fully complete. 6. Employer can also require the remote employee to come to the home office or send an HR representative from the home office to complete the Form I-9. 37

38 Immigration Reform and Control Act 1. In 1986, IRCA was the first time employers became responsible for verifying eligibility of employees to work in the United States 2. Prohibited conduct under IRCA a. Hire or continue to employ an individual knowing the individual is not authorized to work in U.S. b. Hire any person without completing I-9 process 38 c. Discrimination on the basis of national origin or citizenship status (other than unauthorized worker)

39 The Importance of Fully Completing the Form I-9 1. A Form I-9 must be completed for all employees to confirm eligibility to work. 2. Follow instructions carefully. 3. Must be filled out completely - no blank spaces. Put dash or N/A if does not apply to show that it was not skipped Note -- and Phone Number in Section 1 is optional and can be left blank unless completing new smart PDF I-9 on computer, which will not allow anything to be left blank. Must insert N/A 4. No extraneous marks, stamps, or information on Form I-9. 39

40 Verification Procedures: I-9 Form 1. Employee completes Section 1 a. Must be completed the first day employee works b. Employer may not request documents to verify information in Section 1 2. Employer completes Section 2 a. Must be completed within three business days after employment begins 40 b. Employee selects which documents to provide, except that under E-Verify if employee provides List B document it must contain a photograph

41 Verification Procedures: I-9 Form 3. Employee representative who signs Section 2 must see, touch, and feel original ID documents used to complete Section 2 a. Same employee representative who signs Section 2 must be the one who reviews the original documents b. Photocopies not acceptable. c. Certified copy of birth certificate is acceptable. 41

42 Wage and Hour Considerations 1. Because of the potential wage and hour issues, many employers are more comfortable allowing exempt employees to telecommute and may be more cautious about allowing non-exempt employees telecommute. 2. Some non-exempt positions may be easier to monitor, including positions in which employees are logged on to the employer s computer or phone system to do their work, such as customer service or telephone orders. a. This allows employers to monitor inactivity so that hours are not inflated. 42 b. This also allows employers to monitor if there is overtime worked that is not reported.

43 Overtime Requirements 1. All non-exempt employees must be paid overtime after 40 hours per week, regardless of method of pay a. Hourly b. Piece rate c. Salaried d. Commissioned e. Bonuses 2. Overtime = 1.5 times regular rate 43

44 Overtime Requirements 3. When telecommuters performance is measures by production, they may be tempted to work overtime off-the-books to complete a project without employer s knowledge or consent. 4. DOL defines hours worked as suffers or permits to work, and therefore employer is responsible for unauthorized overtime Employer should have agreement with non-exempt employees that provides for monitoring and accurate reporting of hours worked.

45 Regular Rate of Pay for Calculating Overtime An equivalent hourly rate of pay, regardless of how the employee is generally paid 2. Divide all compensation received for the work week by the number of hours actually worked during the work week 3. Must include all forms of compensation, including bonuses, tips and room and board; may exclude discretionary bonus, expense reimbursement, and payments for time not worked (vacation, etc)

46 Overtime for Two or More Job Rates Employer and employee may agree that employee will be compensated at 1.5 times the rate of the job being performed during the overtime hours. 2. Weighted Average Add all the compensation and divide by all the hours worked to determine the new regular rate for overtime purposes.

47 Example of Overtime Calculation Piecerate 47 ABC Company employs Jack to make patio chairs. Jack is paid at the rate of $10.00 per chair. During a particular week, Jack works 50 hours and turns out 50 chairs. His regular rate for the week is calculated by taking Jack s total compensation of $500 (50 X $10.00 = $500) and dividing by the number of hours he worked (50). Jack's regular rate for that week is $10.00 per hour ($500 / 50) and he is, therefore, entitled to an additional $5.00 per hour ($10.00 regular rate / 2) for each of the 10 hours of overtime ($5 X 10 = $50). Jack's total compensation for that week is $550, inclusive of overtime.

48 Overtime Calculations with Bonus 48

49 Overtime Calculation with Annual Bonus 49

50 Timecards 1. Federal law requires daily record of all hours worked. 2. Do not allow off-the-clock work! 3. All overtime must be properly paid. 4. All meal breaks should be on time card (rest breaks are paid breaks). 5. De minimis exception. 50

51 Preliminary and Postliminary Activities Time spent on preliminary or postliminary activities (changing clothes, etc.) is not counted as work time unless: a. Counted by agreement or custom b. Is an integral part of the employee s principal activities c. It is required by law or by the employee s rules Ex: time spent changing into clothes required by OSHA rules

52 Rest & Meal Periods Federal Law 1. Not required by federal law 2. A break of less than 20 minutes is considered work time and must be paid 3. Meal periods must be 30 minutes or longer and employee must be relieved of all work responsibilities 4. State laws may require meal or break periods Arizona does not have meal or break period law 5. Meal breaks should be recorded on employee time cards. Do not automatically deduct from recorded hours for meal breaks 52

53 Rest & Meal Periods State Law Arizona law does not require rest or meal breaks. 2. Employer should comply with state law in the state in which the remote worker is working. 3. If meal or rest breaks are required by state law, the telecommuting agreement should address rest and meal breaks and require the employee to take the required breaks. One way to monitor employees is to require them to log off the computers or notify supervisors when they start/finish breaks.

54 On-Call, Standby & Waiting Time Time is compensable if the employee is required to remain at the workplace or so close that he cannot use the time for his own purposes. a. If home is the workplace and employee is required to be at home to respond to calls, then the time is likely compensable. 2. Time does not have to be compensated if the employee has the freedom to use the time for his or her own purposes, just remain within a designated geographical area.

55 Travel Time Home to work commute is not generally work time. 2. Time spent traveling between worksites after starting work is work time and must be paid. 3. DOL has stated that an employee who normally works from home or an outlying office who travels from home to a central office before his or her regular working day and returns home at the end of the work day is engaged in the normal home-to-work and work-to-home commute. 4. When the employee travels into the office mid-day for a meeting and travels home and continues working, this may be considered between worksites and compensable.

56 Travel Time 1. Time spent traveling to a special one-day assignment must be paid, except for the portion traveling to the airport, train depot, etc. which replaces the regular home to work commute. a. State laws may be stricter 56

57 Travel Time Overnight Trips 1. Counts as work time when it falls within the employee s normally scheduled workday, even if it occurs on the employee s day off. 2. Ex. Employee works 8:30 am to 5:30 pm, M-F. Travel on any day of the week must be paid as work time if it occurs between 8:30 am and 5:30 pm. 3. Driving time is work time (for driver), unless employee refuses employers offer of faster public transportation. 4. State laws may have more stringent requirements. 5. Special issues raised by the Davis-Bacon Act for federal contractors. 57

58 Lodging/Subsistence Not generally addressed by federal law. a. Exercise caution if requiring minimum wage/low wage employees to pay their own travel expenses. 2. State law may require payment/reimbursement for lodging and other travel expenses. 3. Federal contractors Davis Bacon being enforced to require lodging to be paid/reimbursed by the employer if failing to do so would reduce employee s daily wage below prevailing wage after deducting cost of lodging from daily wage earned. a. Employer has options to provide lodging directly, reimburse employee, etc.

59 Holiday, Sick, or Vacation Vacation, holiday or sick time is not hours worked 2. Should not be included for determining if overtime is owed 3. State law may require payment for accrued but unused vacation.

60 Payroll Authorization Deduction Form Strongly Recommend Payroll Deduction Authorization Form 2. Include language regarding deductions for: a. Federal income tax b. State income tax c. Social Security tax d. Employee s share of insurance premiums e. Any voluntary deductions 3. State law may limit or prohibits deductions for such things as uniforms, cash shortages/breakages, balloon payments for employee loans

61 Payment Upon Separation of Employment 1. Federal law silent 2. State law determines timing of payment of final wages upon separation of employment. 3. Arizona law requires within 7 business days or next regular payday, whichever is earlier. 61

62 DOL Wage & Hour Audits 1. Conduct regular self-audits a. Minimum Wage (especially for piece rate employees) b. Overtime for non-exempt employees c. Classification of employees as exempt/non-exempt d. Classification of workers as employee or independent contractor e. Accuracy of time cards f. Deductions required by law or supported by signed payroll deduction authorization 2. Consult with legal counsel if self-audit identifies potential issues 62

63 DOL Wage & Hour Audits 3. DOL will provide notice of audit and schedule meeting to review records a. DOL may have been investigating and talking to employees before notifying employer of audit b. New trend toward site-wide reviews 4. Opening conference 5. Employee interviews 63 a. Management employees have right to have company attorney or representative present

64 DOL Wage & Hour Audits 6. DOL reviews paperwork a. Generally request enterprise information, list of employees, time cards, and pay records b. Keep copies of all documents provided to DOL 7. Closing Conference and notice of findings/assessment 64 a. May take a few weeks or a few months 8. Back Wage Compliance and Payment Agreement or administrative challenge

65 65 QUESTIONS?

66 Julie A. Pace 66 JULIE A. PACE is a partner in the Phoenix office of The Cavanagh Law Firm PA. Ms. Pace s practice is concentrated in representing companies in immigration compliance, commercial litigation, construction, and employment law, with particular emphasis in the defense of sexual harassment, employment discrimination, wrongful discharge suits, EEOC and ACRD charges, matters involving OSHA, ICE, OFCCP, DOL, DOT, NLRB, ADA, FMLA, ERISA, I-9s, E-Verify, Davis-Bacon, wage and hour laws, conducting sexual harassment investigations, and providing training to managers and employees. She also counsels employers on noncompete contracts, confidentiality agreements, employee discipline, drug testing, accommodation of disabled individuals, safety policies, affirmative action plans, wage conformances and wage determinations, and other related human resource policies and procedures. Ms. Pace also handles issues involving the Affordable Health Care Act and addresses the changes and options it presents to companies. Her Davis-Bacon and prevailing wage practice includes counseling and training on state and federal prevailing wages and benefits requirements, coverage and applicability of prevailing wage laws, coverage exemptions, worker classification and pay issues, addressing wage determinations, wage surveys, and representation of employers before the Department of Labor Wage and Hour Division and similar state agencies. Ms. Pace has been described by Arizona Business Magazine as the "go to" lawyer in Arizona for businesses on immigration issues. She has handled hundreds of I-9 audits, addresses E-Verify issues, and has provided I-9 and immigration compliance training for thousands of supervisors. She has chaired the Immigration Committee of the Arizona Chamber of Commerce and Industry. For over the past two decades, Ms. Pace has regularly represented companies in OSHA proceedings. She has been working on fall protection issues since the fall protection standard went into effect in She has handled hundreds of OSHA matters and numerous fatalities in the workplace. She received her J.D. degree, cum laude, from Arizona State University, where she was also Symposium and Articles Editor of the Arizona State Law Journal. She received her B.S. degree in Business Administration, magna cum laude, from Arizona State University. Ms. Pace can be reached at or jpace@cavanaghlaw.com.

67 Heidi Nunn-Gilman 67 HEIDI NUNN-GILMAN is a partner with The Cavanagh Law Firm in Phoenix, Arizona. Ms. Nunn-Gilman s practice focuses on employment litigation and human resource matters. She has experience in working with both public and private employers. She advises clients on matters relating to labor and employment law, including I-9 and immigration compliance strategies, E-Verify, ICE and worksite enforcement, Title VII, FLSA, FMLA, ADA, leaves, drug and alcohol, NLRB, wrongful discharge, non-competition and confidentiality agreements, wage and hour laws for both public and private employers, employee handbooks, and executive agreements. Ms. Nunn-Gilman also handles issues involving the Affordable Health Care Act and addresses the changes and options it presents to companies. Her Davis-Bacon and prevailing wage practice includes counseling and training on state and federal prevailing wages and benefits requirements, coverage and applicability of prevailing wage laws, coverage exemptions, worker classification and pay issues, addressing wage determinations, wage surveys, and representation of employers before the Department of Labor Wage and Hour Division and similar state agencies. Ms. Nunn-Gilman is a frequent speaker on a number of employment law topics, including I-9 and immigration compliance strategies and wage and hour compliance. She is a contributing author of three books on immigration and employment law -- Employment Verification: An Employer's Guide to Immigration, Form I-9 and E-Verify; Arizona Human Resources Manual; Model Policies and Forms for Arizona Employers, all published by American Chamber of Commerce Resources Ms. Nunn-Gilman received her J.D., summa cum laude, from Lewis & Clark Law School in Portland, Oregon in 2005, where she graduated first in her class, was on the Trustee s Fellowship Scholar List, and was a member of the Cornelius Honor Society. While at Lewis & Clark, she served as Editor in Chief of the Lewis & Clark Law Review. Ms. Nunn-Gilman earned an M.A. degree in Philosophy, Teaching Ethics Emphasis, summa cum laude, from the University of Montana in She earned a B.A. degree in political science, history and philosophy, summa cum laude, from Ouachita Baptist University in Ms. Nunn-Gilman can be reached at (602) or hnunngilman@cavanaghlaw.com. Heidi Nunn-Gilman The Cavanagh Law Firm, P.A hnunngilman@cavanaghlaw.com