© 2011 The HR Alliance, All Rights Reserved February 2011 | 1

DEBUNKING THE MYTHS: SHEDDING LIGHT ON PROPER IMMIGRATION COMPLIANCE By: Hilary Gallanter

INSIDE THIS ISSUE

February Event Summary

1

Founder’s Corner 1

Worksite

Investigations

3

Upcoming Events 4

Members Corner 5

HR Marketplace 6

About Us 10

FEBRUARY 2011 VOLUME 4 | ISSUE 2 WWW.THEHRALLIANCE.NET

THE HR ALLIANCE TEAM

Jason Boltax

Founder

Pat Trinca

Executive Editor

Newsletter

Hilary Gallanter

Director

Program Management

Marc Teitelbaum

Project Coordinator

On February 2, 2011, The HR Alliance had

an opportunity to delve into the hot but-

ton issue of immigration. We were able to

explore how it affects employment and

gain exposure to all of the intricate details

involved. Immigration law and how it re-

lates to employment within the United

States is an ever-changing topic. No issue

was left untouched during this compre-

hensive overview, from how to sponsor

foreign nationals to how to accurately

complete I-9 documents.

Our guest speaker Michael J. Wildes, a

Managing Partner with the leading immi-

gration law firm of Wildes and Weinberg

P.C. in New York City and New Jersey,

pro-

vided a

thought

provok-

ing, and

infor-

mative

presen-

tation

about this timely issue. With immigration

reform constantly on the forefront of the

news and the changing nature of the em-

ployment market, participants were eager

to hear updates and inquire about specific

situations they have faced within the

workplace.

(Continued on page 2)

FOUNDER’S CORNER By: Jason Boltax As promised, we have a

lot in store for 2011.

First, I would like to wel-

come our newest mem-

ber of the leadership

team, Pat Trinca. Pat will

be serving as Executive Editor of the

Newsletter. Please join me in welcoming

Pat to the team. Pat is forming a newslet-

ter committee, if you are interested in

participating or contributing to the news-

l e t t e r , p l e a s e c o n t a c t P a t ,

npt11.10@juno.com.

In our effort to always bring you great

benefits and programs, we have recently

learned of a great new radio show, The

HR Happy Hour—The most listened

to LIVE internet show on Workforce, Man-

agement, and Leadership Topics. Tune in

every Thursday night at 8:00PM EST.

Lastly, March is a very busy month for

The HR Alliance, check out these upcom-

ing events and be sure to RSVP!!

1. March 2, 2011 - Understanding the

Value of Employee Recognition to

Weather the Economic Storm

2. March 8, 2011—Small Business Sum-

mit— $25 Discount USE CODE HRA25

3. March 16, 2011—FREE WEBINAR: De-

velop, Organize and Maintain Job De-

scriptions

4. March 29, 2011—Quarterly Cocktails

Click here for our full calendar of events.

All the best,

Let’s Connect!! (Click on a button)

© 2011 The HR Alliance, All Rights Reserved February 2011 | 2

EVENT SUMMARYEVENT SUMMARY

Documentation, specifically the importance of I-9 forms within an organization,

was a comprehensive topic thoughtfully discussed. Michael and his team of ex-

perts explained that with the Immigration Reform and Control Act of 1986, new

responsibilities were placed upon employers to verify that all newly hired em-

ployees presented valid documentation of identity and legal authorization to ac-

cept employment within the United States. Although this seems like a straight-

forward issue, upon closer examination of documents brought by the Wildes and

Weinberg P.C., participants soon realized that intricacies of this process and

most of all the importance doing it correctly.

Although this is still a lot more that HR professionals need to know about the topic of immigration, the presentation

by Michael Wildes provided a great framework for the important issues.

DON’T GO AT IT ALONE.DON’T GO AT IT ALONE.

LET US HELP YOU EARNLET US HELP YOU EARN YOUR PHR/SPHR CERTIYOUR PHR/SPHR CERTIFICATION!!FICATION!!

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The Weekend Crash Course serves as the capstone to the 6-week module course or as a stand-alone review

for those who have prepped in other ways. This intensive 2-day course gives participants the opportunity to

take a full-length practice exam. All questions will be reviewed with explanations as well as last minute study

strategies and day of test tips.

This is a two-day weekend course that meets all day on: Sat. Apr 30, 2011 AND Sun. May 1, 2011

© 2011 The HR Alliance, All Rights Reserved February 2011 | 3

EMPLOYERS BEWARE!! WORKSITE INVESTIGATIONS CONTINUE

The word on the street is that the Immigration and Cus-

toms Enforcement (ICE) agency is forging ahead with

many worksite investigations. By now, all employers are

well aware of the fact that under the present administra-

tion, there has been a shift in immigration enforcement

from the arresting of workers to the fining or imprisoning

of employers.

In fact, ICE has been issuing federal government sub-

poenas and Notices of Inspection (NOI) to businesses

nation-wide. These sweeps began with an April 2010

ICE announcement that it is proceeding with its compre-

hensive strategy to reduce the demand for illegal em-

ployment and protect employment opportunities for the

nation's lawful workforce. Under this strategy, ICE is

continuing to focus its resources on the auditing and in-

vestigation of employers who are suspected of cultivat-

ing illegal workplaces by knowingly hiring and employing

undocumented workers.

For every employer, it is increasingly important to be

aware of the dire nature of ICE’s worksite inspections in

order to be prepared for an audit. A recent audit of re-

tail giant Abercrombie & Fitch resulted in a settlement of

a fine of nearly $1.05 million dollars. Accordingly, U.S.

businesses should seek guidance from their immigration

counsel and establish compliance policies which will en-

able them to weather the potentially cloudy storm when

ICE comes knocking at the door. Best practices should

include that as an employer, you:

• Read and refer to the Handbook for Employers

(M-274). The handbook provides a ―411‖ on I-9

completion and is published by USCIS. This one page

form can be surprisingly confusing.

• Provide I-9 training for your staff. Include all hu-

man resource personnel as well as other employees

who are in the field.

• Store I-9 forms safely and be able to retrieve

them within three business days, should they be

requested. It is best to keep your I-9 forms in one

place –separate from other personnel files and em-

ployer records so sensitive information will not be un-

necessarily revealed during an audit.

• Review and understand the retention require-

ments. Essentially, for current employees, the I-9

must be retained throughout the life span of the em-

ployment. For terminated employees, the I-9 must be

retained as follows: three years from hire or one year

from discharge, whichever is later. We suggest the

creation of an excel spreadsheet to keep track of the

hire date, the termination date, and the retention

date. Once the retention date has passed, the I-9

may be purged.

• To photocopy or not? Set company policy regard-

ing the photocopying of Section 2 documents.

Decide what is best for your business. But remember,

you must be consistent.

• Perform internal audits regularly. An internal audit

is the best way to detect and correct errors and ensure

that I-9s have been completed properly for your work-

force. It can also demonstrate a ―good faith effort‖ to

remain compliant which could spare you serious penal-

ties in the event of a government audit.

• Avoid employment practices that are considered

discriminatory. Employees must be treated equally

regardless of their citizenship or immigration status,

national origin or native language. Many well-

intentioned actions can be considered discriminatory;

for example, employers are not allowed to ask to see

work authorization documents before hiring on the

ground that someone seems ―foreign‖ or is not an

American citizen.

• Establish a “tickler” system. Alert yourself to fast

approaching deadlines for I-9 completion as well as

approaching work authorization expiration dates.

• Appoint a compliance officer. Task one individual

with the ultimate responsibility for I-9 completion and

the authority to speak with ICE, should the need arise.

• Contact competent counsel. When in doubt, ask an

expert. Before your business is issued a subpoena or

NOI, consult with an immigration attorney.

The time to act is NOW. Be proactive, not reactive.

About the Author

Michael J. Wildes is managing partner of Wildes &

Weinberg P.C., America’s preeminent immigration law

firm serving international and domestic corporate and

individual clients with their U.S. immigration needs. The

firm has offices in New York City and Englewood, N.J. It

has a department dedicated to Form I-9 audits, training

and discrimination avoidance. Mr. Wildes is a former

Federal Prosecutor and recently completed two terms as the Mayor of

Englewood, NJ where he resides. Feel free to email him at mi-

chael@wildeslaw.com or call at (212) 753 -3468 if he can be of any

assistance to you or someone you know.

© 2011 The HR Alliance, All Rights Reserved February 2011 | 4

UPCOMING EVENTSUPCOMING EVENTS

Date: Wednesday, March 2, 2011

Time: 6:00PM-8:30PM

Where: 420 Lexington Avenue, 15th Floor

Fee: $15 Pre-Pay, ABSOLUTELY NO WALK-INS!

Topic: Understanding the Value of Employee Recognition to Weather the Economic Storm

RSVP: Click Here

Date: Wednesday, March 16, 2011

Time: 2:00PM-2:45PM

Where: Dial in information will be provided upon registration

Topic: FREE Webinar - Develop, Organize, And Maintain Job Descriptions

RSVP: Click Here

Quarterly Cocktails

Date: 03/29/11

Time: 6:30PM

Pulse Lounge

135 West 41 Street

NY, NY 10036

Fee: $20 Prepay, $30 at the Door

RSVP: www.thehralliance.net

Join The HR Alliance for an evening of cocktails and networking!!

Admission includes:

FREE Open Bar and hor d'oeuvres Door Prizes and GREAT networking!!

Everyone is Welcome!!!

© 2011 The HR Alliance, All Rights Reserved February 2011 | 5

MEMBER’S CORNERMEMBER’S CORNER

WELCOME NEW MEMBERS!!WELCOME NEW MEMBERS!!

GET INVOLVED!! GET NOTICED !!

The HR Alliance continues to grow in membership and in recognition within the HR community.

Now is a great time to get involved with the newsletter and monthly events. We are searching for

volunteers for the following writing and presentation opportunities:

Author an article for the newsletter

Be interviewed for the Member’s Corner of the newsletter

Research and keep track of other HR Blogs, news publications, and networking group activi-

ties to help us improve our offerings

Scout talented speakers for meetings

Recruit colleagues that would enhance our member experience

To learn more about volunteer opportunities with The HR Alliance, please contact us at:

info@thehtalliance.net

Milagros Vega

Barbara Larue

Courtney Hylwa

Patricia Hyman

Iman Wright

Joshua Winata

Nancy Zucker

Shankara Parthasara-thy

Dee Dee Mendez

Suzanne Zorrilla

Amanda Spitz

Vineet Wadhwa

Maria Szczesniak

Jonathan Palumbo

Kevin Mcmanus

Maureen Cohen

Earl Grant

Tiernan Walsh

David Manaster

Yolanda Alvarez

Tony Navarrete

Lisa Chiappinelli

Christine Graham

© 2011 The HR Alliance, All Rights Reserved February 2011 | 6

HR MARKETPLACEHR MARKETPLACE

For more information please contact:

Brian Durkin, Vice President Sales

212.887.1049 | brian.durkin@ceridian.com | www.ceridian.com

© 2011 The HR Alliance, All Rights Reserved February 2011 | 7

HR MARKETPLACEHR MARKETPLACE

The HR Alliance, in conjunction with the Human Equation, is proud to announce the

availability of HRCI approved online training courses for HR Alliance members at a

15% discount of the current retail price.

To get started, here is what you have to do:

Click HERE or copy his link http://store.thehumanequation.com/?afid=52 into your browser

(YOU MUST USE THIS LINK TO OBTAIN THE DISCOUNT!!)

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your choices. After selecting a course, enter the quantity you wish to purchase and click

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EASY

2. Courses are certified by The American Society for Training & Development (ASTD), The Hu-

man Resource Certification Institute (HRCI), The Florida and Georgia Bar for Continuing Le-

gal Education (CLE) credits for attorneys, and The National Association of State Boards of

Accountancy for Continuing Professional Education (CPE) credits for accountants. HRCI-

approved courses and suites are accompanied by the HRCI logo; check the course descrip-

tions to determine which courses have been approved for CLE and/or CPE credits.

© 2011 The HR Alliance, All Rights Reserved February 2011 | 8

HR MARKETPLACEHR MARKETPLACE

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© 2011 The HR Alliance, All Rights Reserved February 2011 | 9

HR MARKETPLACEHR MARKETPLACE

Chris McCann, President,

1-800-FLOWERS.COM and

Jim Fowler CEO/Co Founder, Jigsaw

will headline this year's Summit

$25 DISCOUNT FOR HR ALLIANCE MEMBERS!! USE DISCOUNT CODE HRA25.

This high energy, high opportunity event sells out every year, so don't wait.

When: March 8, 2011

Time: 8:00AM-5:00PM

Where: Digital Sandbox New York Information Technology Center 55 Broad Street New York,

NY 10004

© 2011 The HR Alliance, All Rights Reserved February 2011 | 10

ABOUT USABOUT US

The HR Alliance is a professional development and networking association that assists Human Re-

sources professionals in broadening their business networks and sharing their knowledge and ex-

pertise to stay current on the latest trends, strategies, and best practices in the human resources

field.

We have a strong active membership that includes Senior HR Directors, Generalists, Specialists,

Consultants, Service Providers, Business Owners and people interested in learning more about the

dynamic field of Human Resources.

HR Alliance members join for the purpose of exchanging ideas. Most understand that the greatest

benefits are gained from exposure to other HR Alliance members. Our meetings are the ideal for-

mat for such an exchange and will provide a unique experience to everyone who participates.

This Newsletter is provided to you by The HR Alliance

Notice and Disclaimer: The HR Alliance Group Newsletter is published the second week of each month. This news-

letter is intended for the use of members of The HR Alliance. Content in this Newsletter is for information purposes

only and should not be construed as specific advice.

W W W.T H E H R A L L I A N C E . N E T