Quad A Newsletter August2009


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Quad a August 2009 Newsletter

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Quad A Newsletter August2009

  1. 1. Newsletter August 2009 AKA: Arizona Industry Liaison Group Affiliate (AILG) Quad A P. O. Box 1824 Phoenix, AZ 85001 Depart of Labor Appoints New www.azquada.org E-mail: azquada@aol.com Deputy Assistant Secretary for OFCCP E-Fax: (623) 321-6016 Board Members & Officers Patricia A. Shiu has been appointed of the U.S. Department of Labor John Garza, President (DOL) to head the Office of Federal Contract Compliance Programs (OFCCP). She JAG Specialties (602) 300-2023 is currently vice president for Programs at the Legal Aid Society-Employment Flossie Christensen, Chair Law Center in San Francisco, where she has worked for 25 years. Shiu has Las Vegas SNILG Chapter Bank of Nevada zealously advocated for women’s rights in the workplace and helped draft (702) 248-4200 legislation that led to the enactment of California’s Family Rights Act, which Gail Painter, PHR Vice President provides for leave rights similar to those in the federal Family and Medical Leave EEO/AA Compliance Specialist Act, and the more-recent California Paid Family Leave Act. (623) 202-9058 Maria Sandoval, Treasurer In 2005, Shiu received the Joe Morozumi Lifetime Achievement Award of Shamrock Foods the Asian-American Bar Association of the Greater [San Francisco] Bay Area for (602)477-2529 her “remarkable career [devoted to] ensuring that poor women, particularly Rebecca Rand Recording Secretary immigrants, women of color, single mothers, and those with disabilities are American Express treated legally, fairly, and with dignity.” (Morozumi, who died in 1996, (602) 537-2960 Wayne Oliver advocated for reparations for Japanese-American interns, and he also The Sundt Companies, Inc. represented protestors and conscientious objectors during the Vietnam War, as (480) 293-3107 well as political activists.) Tom Arn Quarles & Brady In 2002, Shiu received the “Woman Warrior Award” of the Pacific Asian (602) 229-5342 American Women Bay Area Coalition, which recognized her as “one of the Neil Bourque The Marc Center feistiest and most relentless Asian-American litigators.” She is also a 2002 (480) 969-3800 recipient of the California Women’s Law Center Abby J. Liebman Pursuit of George Thorne Jobing.com (Continued on page 3.) (602) 914-7507 Lisa Barnum Boeing Company 480-648-7944 September 15 Membership Meeting Evelyn Miller Raytheon Heroes to Hometowns 520-794-9997 Charlene Valestin (Veterans & the Workplace) Zions Bancorporation (928) 899-4199 Michael Espinosa, Director, US Dept of Labor Lida Daniels Blood Systems Veterans Employment & Training Service (480) 675-5607 Quad A Administrator Chris Weakland Time: 8:30-10:00 a.m. Legacy Partners Consulting Location: AZ Workforce & Coaching, LLC (602) 377-0404 Connection Membership meetings are the 3406 N. 51st Ave (No of 3rd Tuesday of every month Thomas) from 8:30-10:00 a.m. Arizona Affirmative Action Association Page 1
  2. 2. United in Equality… Believe It, Achieve It August 3 - 6, 2010 REGISTER NOW @ http://www.ilgnvegas2010.com/ The Conference will be held at the beautiful Conference room rates start at $159 per night. Our group password is NLG. You may also book your room by calling 1-866-767-7773 Group Code: NATLIAISON Arizona Affirmative Action Association Page 2
  3. 3. (Continued from Page 1) parties are invited to submit comments on the proposed regulations no later than Sept. 2, 2009. Justice Award, named for one of the directors of the law center. Recordkeeping, Hiring, Stimulus Recipients Are Because the Department of Labor is Getting OFCCP’s Attention eliminating the Employment Standards The 27th Annual Industry Liaison Group Administration, which will raise the OFCCP a tier National Conference was held in Atlanta July within the DOL structure and make the head of the 28-31, 2009. This conference typically allows OFCCP an assistant secretary, it is unclear whether federal contractors to interact with top OFCCP and Shiu will then need to be confirmed by the Senate. Equal Employment Opportunity Commission What is clear is that employers can expect a more (EEOC) officials and share information in a no aggressive OFCCP under Shiu’s leadership. adversarial setting. Regional directors attending the conference this DOL Issues Proposed Rule on Federal Rights year noted that recordkeeping violations continue Poster and Contract Clause to be the predominant compliance problem and In other OFCCP news, the DOL issued that hiring discrimination accounts for the vast proposed regulations for implementing President majority of their monetary recoveries. Barack Obama’s Jan. 30, 2009, Executive Order, The OFCCP is now concentrating on which requires that federal contractors post educating—and auditing—construction notices informing employees of their rights under contractors who receive federal stimulus money. federal labor laws. In response to a question, the regional The proposed poster lists a variety of directors also noted that whites and males are employee rights, including the right to form or join protected by Executive Order 11246 and may, in a union and to discuss terms and conditions of some cases, become the protected class if other employment with co-workers, and advises groups are statistically the “most favored.” employees how to lodge a complaint if they However, the regional directors agreed that believe their rights have been violated. If females and minority groups are still most often approved, the proposed poster will be available the focus of compliance reviews. from a variety of sources, including the OFCCP and This year, due to the change in the Office of Labor-Management Standards web administrations, both the OFCCP and the EEOC site. Contractors who normally post employee were without agency heads and were therefore notices electronically would also be required to unable to relay the high-level agency direction post this notice electronically. generally provided at the conference. The proposed regulations also set forth Cara Crotty is an attorney in the Columbia, language, which—if adopted—will have to be S.C., office of Constangy, Brooks & Smith, which included in all government contracts and has counseled employers on labor and subcontracts valued at more than $100,000. employment law matters, exclusively, since 1946. Contractors will not be allowed to incorporate the Republished with permission. © 2009 Constangy, language by reference; the language must be Brooks & Smith LLP. All rights reserved. quoted verbatim in the contract. The proposed contract clause is long, and includes the language Save the Date to be posted in contractors’ facilities. Quad A’s 12 Annual th Under this proposed rule, the OFCCP is authorized to conduct compliance reviews to determine contractors’ compliance with both the poster Compliance Conference requirement and inclusion of the contract language in covered subcontracts. Interested November 17, 2009 Arizona Affirmative Action Association Page 3
  4. 4. A New Law for Arizona Employers: The "PARKING LOT LAW" (Reprinted with Permission by Quarles & Brady LLP) Arizona employers should be aware that on September 30, 2009, a new Arizona law goes into effect that allows employees and visitors to keep a firearm locked inside their vehicle when parked on the private property owned by an employer, even if the employer prohibits weapons on its premises. Governor Jan Brewer recently signed what is being called the “Parking Lot Law,” which overturns the prior right of Arizona employers to prohibit employees and visitors from bringing a firearm on to any part of an employer's private property. The new law, which will be found at A.R.S. §12-781, applies not only to public and private employers but to all businesses, property owners and tenants. Under the law, these covered entities may not prohibit any person from lawfully carrying or possessing a firearm on private property, so long as the firearm is kept in a locked vehicle and not visible from the outside. The new law does not apply, however, in the following instances: • When firearm possession is otherwise prohibited by state or federal law. • When the vehicle is leased or owned by an employer, business or property owner. • When a property owner provides a parking lot that is secured by a physical barrier, using security measures for access, and makes available separate storage for firearms that is easily accessible when entering or exiting the premises. • When a property owner provides alternative parking near the primary parking area for those who keep a firearm in their vehicles. • When the parking area is for a single-family detached residence. When the property is located on the premises of a military installation or a nuclear power plant. The full text of the new law can be seen at: http://www.azleg.gov/FormatDocument.asp? inDoc=/legtext/49leg/1r/bills/sb1168h.htm For more information regarding this new law and its ramifications, please contact Craig O’Loughlin at (602) 230-4613 or e-mail craig.oloughlin@quarles.com, David Barton at (602) 230-5526 or e- mail david.barton@quarles.com or your local Quarles & Brady attorney. 2009 Calendar of Events DATE TOPIC LOCATION June, July, August Summer Break Summer Break September 15, 8:30-10:00 Heroes to Hometowns (Veterans & the Shamrock Foods Monthly Member Meeting Workplace) 2540 N. 29th Ave, Phoenix No cost to members Parking: Visitors’ Designated Spaces October 20, 8:30-10:00 In Celebration of Diversity Month Jobing.com Monthly Member Meeting 4747 N. 22nd Street, Phoenix No cost to members Parking: Visitors’ Designated Spaces November 17, 7:30-4:00 12th Annual Compliance Conf Black Canyon Conference Center Annual Compliance Conf 9440 N. 25th Avenue, Phoenix, AZ $100 members; $150 nonmembers Open Parking December 1 Annual Members Only Holiday Roundtable Jobing.com Member Roundtable 4747 N. 22nd Street, Phoenix $0 members; $75 nonmembers Parking: Visitors’ Designated Spaces Arizona Affirmative Action Association Page 4
  5. 5. In appreciation… Back: John Garza, Becky Rand, Wayne Oliver, George Thorne Front: Gail Painter, Neil Bourque In appreciation for his years of service to Quad A, Board Members celebrated Wayne Oliver’s retirement from the Board at the August 11 Board meeting. Wayne is the Corporate Director of Compliance and Affirmative Action for The Sundt Companies, Inc. He is actively involved in his industry and has served on a number of supporting organizations including:  Arizona Employers’ Advisory Council  Associated General Contractors, AZ Chapter; current Committee Chair  National Association of General Contractors; current Board Member Wayne will be retiring from Sundt in September. He has been a valued member of Quad A and has served on our Board since 2001. We will miss his participation on the Board but look forward to his continued involvement in Quad A activities. Filling Wayne’s position on the Board will be Marian Enriquez, also of Sundt Companies, who is a Corporate Representative of Compliance and Diversity. We welcome Marian to the Board. Arizona Affirmative Action Association Page 5
  6. 6. 2009 Quad A Membership Application Thank you for your continuing interest in and support of the Arizona Affirmative Action Association (Quad A). Our members include professionals in the fields of human resource management, equal employment opportunity, affirmative action, workplace diversity and other related fields. For over 25 years, Quad A has been providing its members with quality, up-to-date information through workshops, seminars and conferences. Your membership entitles you to a monthly newsletter, quarterly meetings/workshops, seminars, the Annual Conference (in April) and Compliance Conference (in the fall). Most activities are included in your membership; others are offered at a substantial discount. At only $75 per year (Jan-Dec), membership in Quad A is a true value for the money. (Individual memberships only; no organizational memberships at this time.) Goals of the Arizona Affirmative Action Association are to: • Promote equal employment opportunity, diversity and affirmative action in the workplace. • Promote awareness and recognition in the workplace and the community of the benefits of taking affirmative action to provide equal employment opportunities • Share and disseminate up-to-date information on EEO, AA and diversity issues, legislation, judicial decisions, best practices and trends. • Provide an opportunity for professionals interested in EEO, AA and diversity issues to network and communicate. Membership fee in Quad A is a qualified tax deduction. To renew your annual membership, or to apply as a new member, please complete the following information and return it along with a check for $75 made payable to the Arizona Affirmative Action Association to our office at P.O. Box 1824, Phoenix, AZ 85001. NOTE: Please provide us with an e-mail address to which we can send your monthly newsletter. Quad A is a nonprofit 501(c)3 organization (TIN 86-0966437), and e-mailing saves the Association a considerable amount on printing and postage each month. THANK YOU! MEMBERSHIP APPLICATION/RENEWAL Member Name: Company Name: Title: Mailing Address: Phone: Fax: E-mail: ___Visa ___ MC ___Am Ex Name on card: Card # Expires: Please return this renewal form along with a check or credit card for $75 made payable to Arizona Affirmative Action Association to our office at P.O. Box 1848, Phoenix, AZ 85001 or eFAX to (623) 321-6016. Arizona Affirmative Action Association Page 6