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Vol. 25. No. 4

December 2007

Social Networking Sites: The 2.0 Face of Recruiting
n October 16, 2007, the HR/NY Staffing SIG produced the session led by Dr. Dennis Garritan, Professor and Director of the New York University Graduate Program in HR Management and Development. Dr. Garritan and several colleagues discussed the impacts of new technological developments in the recruiting industry, and how recruiters will have to react and position themselves in order to effectively compete in the market. In recent years, the recruiting industry has had to continually reinvent itself with changing technologies. Traditionally, the recruiting industry relied heavily on The New York Times classifieds, but with the onset of the Internet, Web 1.0 technologies (including online job boards) began to phase out classified sections. Now, with the exponential growth in technology, recruiters have been introduced to Web 2.0 interactive services (e.g., blogs, wikis, and RSS feeds) that exist on Social Networking Sites (including


LinkedIn, Facebook and MySpace), which are all changing the face of recruitment. These Social Networking Sites (SNS) are proving to be a vital tool for the recruiting industry. Any recruiter can search through these electronic rolodexes to locate active candidates who are in need of immediate employment, and even find passive candidates who would change jobs for the right opportunity. Furthermore, a recruiter has the capability to navigate through profile pages of prospective candidates and filter them on the basis of job skills, professional affiliations, work history, geographic location, and academic background. Once the recruiter locates a profile of a candidate with suitable credentials, the virtual screening process of the candidate can then be set in motion. The recruiter can analyze the candidate’s online actions: writing skills can be assessed by reading previously-posted material (including messages

left on blogs such as InfoWorld), while initial reference checks can be conducted by examining previously written testimonials on the candidate’s profile. The recruiter also can evaluate actual examples of a potential candidate’s work by viewing alreadyuploaded videos and images. After a positive virtual screening, the recruiter easily can establish first contact with a prospective candidate by utilizing built-in communication features (such as e-mail and instant messenger) located on these SNS. In addition, SNS are more popular, accurate, and reliable than traditional Web 1.0 technologies. As the presenters noted, 81% of Facebook’s 42 million users log-in each day, and it is this great frequency that is attractive to recruiters as they can rely on more current profiles, rather than outdated resumes posted on job boards such as Monster and Dice. Moreover, the userContinued on page 9


Ending the Year with Some Holiday Cheer

It’send of to believeisthe year’s almosttoo, andhowgone by sohas passed. hard done; quickly it The my term approaching, it’s fast.
For my third December President’s piece at my favorite time of year, I’ve run fresh out of new ideas, so I think I’ll spread some holiday cheer! The end of the year is a great time to take stock in all that we do— Informative programs, networking events…we do them all for you. Practical topics, relevant too, with so much variety. Been a while since you’ve stopped by? Come experience the diversity. We’re constantly thinking “outside the box” because we don’t want to be “dry.” Your feedback on football & boat cruise events say “networking’s sure worth a try!” For HR professionals in N.Y., there’s no better place you can be. If you’re unsure how to get started, it’s so easy! Just ask me. To loyal members who come all year round, we’re grateful for your dedication. To Board members, SIG Chairs and all volunteers we extend our appreciation.
Continued on page 7

Editor’s Desk Committee Corner Generational Diversity New Members Football Event Legislative & Legal Your Foundation at Work Interview: Linda Carlozzi Employer Update Committee Chairs Employee Screening Save the Date 4-month Program Calendar 2 3 4 5 5 6 7 8 9 10 11 12 12



Surviving the Job Search…


his past April, I had an interesting experience I am sure some of you have faced or may face at some point in your career; I was downsized. I made the best of my five months off: traveled; relaxed; completed projects; and, of course, searched for a new job. I want to share some key learnings from this unemployment/job search period in the hope that it may be helpful to you, should you find yourself in a similar place. (Of course, the job search tips work anytime you’re looking for a new job so if you find yourself evaluating your current job as the year comes to a close, take a few minutes to read on.) A Blessing in Disguise… The reality is my last position wasn’t what I had hoped for and ultimately the company became a difficult place to work. When I joined, there were plans for significant growth. Unfortunately, that success never transpired and my role became unnecessary. The downsizing turned out to be a blessing in disguise. It gave me the opportunity to focus full-time on my job search with the added benefit of some paid time-off for a much needed break. An added plus: as an HR professional who makes tough decisions like layoffs, I appreciate the opportunity to have experienced first-hand what it feels like to be downsized and unemployed. Being a Job Search Expert… Although HR professionals may spend a lot of time interviewing candidates, most of us are not (thankfully) job-search experts. Therefore, I found it helpful to take some time to research the best job search practices and develop my interviewing skills for the other side of the table. I consulted two invaluable reference books—How to Interview Like a Top MBA by Dr. Shel Leanne; and 301 Smart Answers to Tough Interview Questions by Vicky Oliver. Both cover a variety of aspects of the job search process. One key learning I had was how to frame my answers to interview questions with a focus toward achieving success. Your Network Is Your Friend… and I do not mean your PC network (although, Internet savvy is important during the job search). I mean your network of people. Reach out to your professional and personal contacts during your search. Almost all of the interviews I went on came about as a result of networking. I spent very little time on traditional job search activities (such as applying online). And when I did identify online postings that seemed a good fit, I used my network to meet someone at the company to get my “in.” Another great way to build your network is to join a professional networking site like LinkedIn and add anyone you meet during your job search to your LinkedIn contacts. The Resume Is Still Important… A great resume is still an essential part of the job search. Take time to craft a resume that showcases what you bring to the table. Do not forget to include your achievements… just listing previous job responsibilities is not enough, as employers want to know not only what you did, but also what you accomplished and how you succeeded in previous positions. Post your resume online so companies can find you through online searches. I received a number of calls from my online resume

for jobs that consistently matched my background and skill set. Also, read the November 2007 issue of Inside HR/NY for the great article by Barbara Safani titled “15 Steps to a Better Resume.” Know What You Want… Define what you are looking for in your next opportunity and stay focused on that goal. You will save time and be more effective in your search. At the end of the day, you will most likely land in a place that matches your goals and you will (hopefully) find that you are happier and ultimately more successful. Fortunately, this is exactly how it worked out for me. I turned down several offers before I finally accepted the one that was the right fit and I’m so glad I did. Remember: You Are the Only One Looking Out for You… There are many job-seekers and much competition for every job opening. You must differentiate yourself from the competition and sell yourself and your unique qualities. Keep a positive attitude. Be energetic. Showcase your strengths and successes in an interview. Share your passion. Ultimately, it was the excitement I demonstrated in the interview that landed me my current position. While several candidates were qualified, I was the one who demonstrated my passion for HR. Keep It Positive… No, being unemployed and searching for a new job is not fun … and can often be very stressful. But if you remember not to focus on the negative, but rather keep a positive attitude, you will be ahead of the game. So find the bright side and stay focused on your goal. You will find that this will make the process easier and will likely translate into a better result from your search. Plus, as a practitioner, it is rare to have the time to actively network and expand your contact base so take advantage and enjoy it. You may never find yourself in the same position I was in, but, if you do, I hope these tips help. Until next time, I wish you and yours a happy and safe holiday season.

– Brian McComak, PHR Editor, Inside HR/NY Director of Human Resources, L’Oreal

Inside HR/NY is published 10 times a year by and for members of the Human Resources Association of New York. Newsletter Editor: Brian McComak, PHR; Managing Editor: Linda Simone; Graphic Design: Karen Cohn.

HR/NY 1 AAA Drive, Suite 102, Trenton, NJ 08691 website: E-mail: Toll-free phone: 1-877-625-HRNY (4769) FAX: 609-581- 8244





Announcing a New Arrival: Employee & Labor Relations SIG
“Congratulations! It’s a new…Special Interest Group?” es! It is with great excitement that we announce the arrival of HR/NY’s new Employee & Labor Relations Special Interest Group. Although not entirely new, the Employee & Labor Relations SIG is the fusion of part of the former Employee Relations/Diversity/EEO SIG with the Labor Relations SIG. (Diversity now has its own dedicated SIG which is more closely aligned with our profession.) The Employee & Labor Relations SIG provides a forum to discuss and share ideas and information on a variety of issues stemming from employee relations in both union and non-union settings. Current members include HR practitioners from a wide variety of industries, both union and union-free. In addition, our members include attorneys, government representatives, small business owners and consultants. We meet every two months and have offered presentations on a variety of employment issues affecting employers and their workforce. In addition, we hold roundtable discussions, which provide valuable information regarding new legal developments and/or best practices. Over the last year, topics have included: National Labor Relations Act implications for non-unionized workforces; the Employee Free Choice Act; electronic discovery rules; privacy in the workplace; blogging; the Fair Credit Reporting Act; disposal of employee personal information; Labor Law section 201-d (involving employee activities during off work hours); cat’s paw liability; and alternative dispute resolution (including mediation and arbitration). Remember, you only hear about all our free events if you sign up for our SIG. It is a great member benefit, so sign up today! We hope to see you at future Employee & Labor Relations SIG meetings. Our upcoming scheduled paid programs are a February 7th Special Seminar and our Chapter meeting on May 21, 2008. In addition, we have upcoming free events on January 8th, March 11th and June 11th.




Should you have any questions, suggestions, or need additional information, please contact Linda Carlozzi, (212) 545-4040, or Khristan Heagle, (212) 935-6020 for more information. – Khristan A. Heagle, Esq. Co-Chair, HR/NY Employee & Labor Relations SIG Associate, Klein, Zelman, Rothermel LLP




Generational Diversity


or the first time ever, four generations are working side by side in the workplace. This is an exciting time to be an HR professional because a workforce comprised of various generations brings a unique richness to our workplace. It also is a challenging time because this presents the inevitable need for a better understanding of each generation, their commonalities and differences, how to help employees interact successfully, and what we as employers need to do to attract, train and retain staff from all four generations. We must not only understand how different employees prefer to learn, communicate and collaborate, deal with conflict and succeed, we must also be cognizant of which generation they have roots in. The entrance of each new generation means that the established generations in your workplace must adapt—again. Once we understand the differences, focusing on the commonalities will lead us to a workplace built on mutual respect, personal fulfillment and success. Although they go by varying names, we know the generations by the manner in which they communicate, the values they represent, their approach to and expectations from work and even by certain general behaviors as described here. The conservative traditionalists, born between 1925 and 1945, are leaving the workforce and represent the smallest group in today’s workforce. They are known as the least technologically-savvy generation, and are committed to their employer and their work. This generation would not think of questioning the rules. Work ethic is most important. The idealist Baby Boomers, born between 1946 and 1964, are proficient with computers and the Internet. This generation multi-tasks through very long work days and are sometimes considered overachievers. In October of this year, the first Baby Boomer filed for Social Security benefits, thus marking the beginning of the departure of the largest segment of today’s workplace leaders. Boomers are optimistic, independent, and look for a career as opposed to just a job. One of the newer generations to the workplace, Gen X, is technologically savvy and climbing the corporate ladder. Born between 1965 and 1977, they have shifted

away from the traditional career paths of the prior generations. No longer looking for one employer to grow and stay with, Gen X looks for flexibility from employers and will change jobs frequently for better benefits, larger salaries and to further climb the corporate chain. Gen X represents the best educated generation, are mobile, and therefore global, and culturally diverse. The youngest generation in our workforce, Gen Y, born between 1978 and 1989, grew up with the Internet. They possess a command of technology and are comfortable with, and in fact expect, new technological trends. Often viewed as “spoiled” by their Boomer parents, they are, however, fast to volunteer to help others by sharing knowledge and time. Also known to move around in their careers, this generation will change career focus with ease. HR leaders must plan for this varied and sometimes eclectic collection of employees and employers so that their organizations are places where each person can thrive and collaborate comfortably to share success. Success is achieved when it entails both the professional and personal achievements of each generation. This is a sizeable undertaking and we need to be careful not be biased by the generation to which we each belong. HR must align recruitment, retention, recognition and benefit strategies to reflect the different needs and wants of the generations. It may be necessary to re-address

policies on dress codes and workplace etiquette since there are differences in what each group considers “appropriate” for the workplace. Deborah Woolridge, Chair, Diversity SIG, stresses the importance of creating “awareness and sensitivity” by identifying basic principles for working together and then implementing this as part of your value structure. “Everyone has value to offer and understanding that helps to bring in some level of inclusion,” says Woolridge. Gen X and Y communicate most easily electronically, using e-mail and IMs. Boomers prefer one-on-one encounters and traditionalists may thrive in formal meetings. A middle ground needs to be established so that each group can communicate successfully. Leslie Willmott, SVP Business Development at Lee Hecht Harrison and Chair of the HR/NY Career Planning & Professional Development SIG, sees the only real conflict in having to deal with the “entitlement mentality of the younger generations.” Staff from older generations has worked many years and countless hours to earn their place in the organization. Boomers believe that younger staff enters the workplace feeling they are entitled to the same rank and privileges. Indeed, the outContinued on page 6

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Rosemary Abbott • Anna Akhrina, Griling Health Care • Peter Caminiti, IAC Associates, LLC • Desmond Chase, Interstate Brands Corporation • Scott Chung, CheckPoint HR • Jane Fenton, US Fund for UNICEF • Sharon Giorlando-Smith, Advantage Human Resources • Eileen Guerrieri, Motor Vehicle Accident Indemnification Corporation • Desiree Gutierrez, Bay Consulting • Britta Hahn, Laboratory Institute of Merchandising • Suidezee Hamilton, Tiffany & Co. • Jamie Hatzis, Nixon Peabody LLP • Jessica Hickman, Episcopal Social Services • Tanisha Hill, Ellis College of NYIT • David Hylton, YAI/NIPD • Tanday Jones, New York University • Nicole Jones, Daymon Worldwide • Pamela Judd, Make Me Proud of You, Inc. • Roxanne Kwasnikowska, ICE Futures US, Inc. • Tony Lee, Sofitel New York • Jack Martins, Reed Smith LLP • Annik Mathews, Michael Page International • Tom Means, Means Language Center • Nancy Moran, CCN Inc. • Randy Neuringer, HBO • Diane Pardee, SelectMinds • Joel Peterson, Goshow Architects • Iliana Rios, Greenberg Traurig LLP • Rochelle Ross, Depository Trust & Clearing Corporation • Kristine Sisko,, Inc. • Peter Sommers, International Flavors & Fragrances • Elizabeth Stankard • Soyini Taylor • Tana Thompson, Ernst & Young LLP • Kathy Tignor, Wisdom Tree • James Toms, AIG Global Real Estate Investment Corporation • Mary Waligunda, HBO



HR/NY Renewal Period
HR/NY membership runs on a calendar year. Avoid interruption in your benefits. Renew now by visiting or calling (877) 625-HRNY (4769).

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The Clearing House

Fall Networking Kick-Off: Columbia Lions VS. Harvard Crimsons
On November 3, 2007, HR/NY members and guests cheered on the Columbia Lions college football team as they battled the Harvard Crimsons. The event marked HR/NY’s first weekend and family-friendly event, as well as our inaugural relationship with Columbia University’s athletics center. Prior to kick-off, attendees gathered in the pre-game area for complimentary drinks and the opportunity to pose for a photo with Columbia’s team mascot, a lion named Roar-eee. The game took place at the university’s majestic Bakers Field sports complex in upper Manhattan, where attendees enjoyed the game against a magnificent backdrop of fall foliage. Fans tried to stay warm against the blustery cold by bundling up in Columbia Lions blankets and sipping hot chocolate. Throughout the game, the Lion’s cheerleaders kept spirits high with chants, cheers, pom-poms, and a few pyramid formations and seat drops. Half-time festivities included performances by the Lions’ and Crimsons’ marching bands, a skit spoofing

Janice Florence
for the donation of a laptop to support HR/NY programs!

the academic leaders of rival universities, baton twirling, and acrobatics. The Crimson’s defense kept the Lions in check throughout the first half with Columbia only scoring one touch-down. Columbia’s only concerted effort came late in the 3rd quarter to narrow the lead, but the game ended with a Crimson victory and a final score of 27 to 12. – Barbara Safani Vice President, Membership and Networking SIG Chair, HR/NY President, Career Solvers, Inc.




HR/NY’s Legislative and Legal Conference
task of making sense of the tangled web of various federal and state laws regarding leaves of absence or other requests for time off by employees. Forrest explained that in several areas the respective state law may differ, or even conflict, with federal law. As a practical matter, it can be confusing sorting out how the laws will apply to a particular situation. A good rule of thumb is to apply whichever law is more favorable to the employee, or your own internal policy if that is more favorable. Forrest also cautioned employers to tread carefully when employees are seeking time off for religious purposes. Robert DiLorenzo, Esq., of Bond, Schoeneck and King, and Robert Snashell of Snashell Associates, teamed up in the afternoon to provide an update on the worker’s compensation law reform passed by the state of New York in March, what they termed “the most significant reform of worker’s compensation in fifty years.” The law focuses on employer fraud among other things. The presenters emphasized the need for an employer to have a plan to bring an injured employee back to work as well as to create a safe workplace. Finally the day closed with a dynamic, interactive presentation led by Phil Rosen, Esq., of Jackson, Lewis. Rosen facilitated the group dis(l. to r.) Robert Snashell; Phil Rosen, Esq.; Judith Moldover, Esq.; Loren Forrest, Esq.; Jennifer cussion of a hypothetical situation involving the Pleva, Co-Chair; Alexis Axelrad, Esq.; Colleen Sorrell, Esq., Chair; Lou DiLorenzo, Esq. potential for workplace violence. The scenario was a good method to approach various concerns Alexis Axelrad, Esq., of Barst & Mukamel, began the daylong when the potential for violence exists. As with most areas of HR, the conference by performing the nearly impossible, making USCIS overriding concern is to be prepared. rules and regulations understandable to a lay audience. Axelrad pro– Tom Greene vided an update on Immigration issues in employment, emphasizDirector of Human Resources ing the increasing use of relatively obscure Visa categories by Pratt Institute employers in light of the overwhelming demand for H-1B Visas. In fiscal year 2007 for the first time, the cap of 65,000 H-1B Visas was met on the first day of filing, although regulations require that all Continued from page 4 H-1B petitions filed in the first two days be accepted, resulting in a DIVERSITY lottery for the limited number available. This creates a lot of uncertainty for both the employer and the prospective employee. Axelrad look of how work fits into their life differs dramatically. “I live to detailed several alternative approaches to this problem and encour- work and those around me work to live,” states Willmott. One of the greatest advantages we gain from generational diveraged HR practitioners to “think outside the box” to overcome these sity is the numerous ways we can learn from each other. Danielle immigration challenges. Judith Moldover, Esq., of Ford & Harrison, delivered a pertinent Dorter, Chair, HR/NY HR Managers’ Forum, enjoys the “new and useful update on retaliation cases, a type of claim that has been energy from young people fresh in the business” and appreciates steadily on the rise. She included a review of the Supreme Court’s that Boomers “are exposed to a lot of new technology and…new Burlington Northern decision of last year that outlined the criteria ways of thinking.” Conversely, Gen X and Y can learn from the for what constitutes a “materially adverse action” that rises to the decades of experience Boomers and Traditionalists offer. We need to harness both the energy from the younger generations level of a violation of the anti-retaliation provision contained in most of the discrimination statutes. Essentially any action that and the rich knowledge of the older ones through all HR initiatives. would dissuade a reasonable employee from filing or participating Listen to each generation and let them be mentors to each other— in a claim, even if not strictly employment-related, may constitute and to us. – Roberta Jackson, SPHR actionable retaliation. Moldover noted that the decision was someHR Consultant, Navigations for Leadership what surprising given the conservative makeup of the court. Loren Forrest, Jr., Esq., of Holland & Knight, had the difficult he sold-out Legislative and Legal Conference of HR/NY, held on October 30, 2007 at the Helmsley Hotel, offered a series of compelling presentations by expert attorneys on several pressing HR topics, including immigration issues, retaliation claims, leaves of absence, worker’s compensation reform, and workplace violence. Each speaker gave a unique presentation, concentrating on the practical aspects for HR practitioners, as well as stimulating lively audience discussion.





Your Foundation @ Work
December: Making a Difference
You know what excellence is. It is people…with talent. People who are dedicated and work hard to continually improve themselves, to be the best they can be. They are able to work with others, to be part of a team and to achieve something bigger than themselves. That is what the HR profession is all about. You work behind the scenes to help your employees and companies achieve excellence. You play a major role in finding talented and dedicated people and you help them develop as individuals and team members. This is an exciting time to be an HR professional. The opportunities to provide leadership in your organization have never been greater, but you must continually increase your professional knowledge and stay one step ahead of the rapid changes taking place all around you. The SHRM Foundation helps you to meet these challenges through its support of research, publications and education. The Foundation enables HR professionals like you to make a difference. The SHRM Foundation: 40 Years of Advancing the HR Profession




Continued from page 1

So, whether you’re “seasoned” or whether you’re “new,” now’s a good time to reflect. No matter what the current trend, your career’s not a thing to neglect. Did you accomplish career goals? Were the year’s resolutions met? If not, don’t fret! The time has come when they can again be set. Which HR/NY events did you attend? New people did you meet? Did you walk the floors in your office? Or spend too much time in your seat? There’s no better time or place to get inspired, then the holidays in NYC. The shows, the lights, the energy…and so much of it’s for free! So take a moment to think about all you have done, or not. Recharge, rewire and be sure to visit your favorite hot spot. If you want to celebrate with us, just grab a fellow member! Attend our Holiday Party & Meet the Committees on the 6th of December! So come to our annual soiree, yes come one and come all. It’s sure to be a great success. You’re sure to have a ball! Both new and potential members who really want to do more Can come discover next year’s plans for what HR/NY has in store. A representative from each SIG & Committee will explain just what they do. Good food, great drinks and prizes will be waiting all for you! We hope you’ll come and celebrate, the excitement is sure to amaze. But even if you’re busy, to your loved ones and you—Happy Holidays! Until next year…

& Meet the Committees Event!

Holiday Party
December 6, 2007 6:00 – 9:00 pm

HR/NY’s 3rd Annual

Meet, socialize and network with your fellow HR/NY members! Invite your HR practitioner friends and colleagues! Enjoy an exciting Pick-a-Prize Auction to kick off HR/NY’s 60th Anniversary year!

The New York Helmsley Hotel

– Lorri Zelman President, HR/NY Managing Director, Human Resources Division Solomon Page Group





Linda Carlozzi: Seeking Resolutions


inda Carlozzi, Esq., a partner with the firm Jackson Lewis LLP , specializes in labor and employment law on behalf of management. Prior to joining Jackson Lewis 10 years ago, Carlozzi was an attorney with the National Labor Relations Board in Washington, D.C., and in Philadelphia, PA. Asked why she chose labor law, Carlozzi explains, “Growing up in Connecticut, I was exposed to unions and labor issues through family members. In law school, my professors sparked my interest in the field.” Her first exposure to labor law practice came in her third year of law school when she was hired by a newly appointed NLRB member, John Higgins. It became quite clear what path she would follow. Carlozzi chairs HR/NY’s recently merged Employee & Labor Relations SIG (see Committee Corner, page 3). Meetings include a wide range of presenters on timely topics. “We run out of meetings before we run out of topics!” she says. The SIG also partners with other HR/NY SIGs, as they did with the Benefits SIG to co-present a program on the Internal Revenue Code §409A and Final Regulations. Members share best practices at roundtable discussions. The SIG has approximately 50 members. According to Carlozzi, the SIG “certainly has come a long way.” “In my four years as an HR/NY member, I’ve met many great people. HR/NY is one of the best-run organizations I’ve seen—period! This excellence derives from the top leadership down to the members. It’s simply a terrific organization, and I’m proud to be a member.” Carlozzi’s work has illustrated the importance of having written HR policies and administering them consistently to all employees. “HR plays one of the most important roles in any organization,” she

says. “The goal of our practice is to prevent labor and employment issues, which can result in costly litigation. Even though our work is preventive, it’s no secret that we live in a litigious society. HR must work side by side with upper management to ensure that all policies are compliant and followed—and they must make sure managers follow suit.” When litigation does occur, Carlozzi says, “our goal is to place the Employer in the best position possible.” “Labor law practice is kind of like HR,” Carlozzi says. “You’re constantly dealing with people on various issues that affect the work environment.” She says her life experience has prepared her for the challenges of the job. “Every day we deal in tough and acrimonious circumstances. I come at the job with a valuable perspective…being prepared and able to effect resolutions.” A recent arbitration client told her: “Everyone should walk away a little unhappy. That means that everyone is happy, satisfied that the right resolution has been found.” Carlozzi also is a member of the League of Theatres and is involved in a number of charitable organizations, such as the Actor’s Fund and the Drama League. “After 9/11/2001, I began to go to the theater more frequently. I realized that, like many New Yorkers, I had taken this incredible art form for granted.” A diehard Yankee fan, Carlozzi was saddened by the recent Yankee season, including Joe Torre’s departure. Always seeking middle ground, she says “I hope Torre and the Yankees will both fare well in the coming years.” – Linda Simone Managing Editor, Inside HR/NY




Employer Update: September 14, 2007
uring the 2007 legislative session, the NY legislature passed and Governor Eliot Spitzer signed into law various pieces of legislation relevant to NY employers. We previously summarized new legislation pertaining to employee time off rights for expressing breast milk and for making blood donations. (See New York Employers Required to Provide Time Off for Expressing Breast Milk and for Donating Blood.) Below are additional modifications to the New York Labor Law and amendments to the New York Human Rights Law that affect employers.


on Violations will generally be proscribed. NY employers retain the right to take action based on job-related misdemeanor and felony convictions and pending arrests. Change in Labor Law Definition of "Clerical and Other Worker" Effective January 14, 2008, the exclusion from the definition of “Clerical and Other Worker” set forth in Section 190 of the Labor Law changes from exempt executive, administrative and professional employees whose earnings are in excess of $600 per week to exempt executive, administrative and professional employees whose earnings are in excess of $900 per week. Based on this modification, after January 14, 2008: 1. Exempt executive, administrative and professional employees making less than $900 per week must be paid no less frequently than semi-monthly (currently, exempt executive, administrative and professional employees making more than $600 per week can be paid monthly, instead of semi-monthly). 2. Employers only can mandate direct deposit for exempt executive, administrative and professional employees making more than $900 per week (currently, direct deposit can be mandated for exempt executive, administrative and professional employees making more than $600 per week). 3. Exempt executive, administrative and professional employees making less than $900 per week have the right to collect wage supplements, including unpaid vacation and bonuses due under the employer’s policy, under the Labor Law (currently, exempt executive, administrative and professional employees making more than $600 per week are not entitled to collect wage supplements under the Labor Law). This is a general summary of legislative changes of interest to employers. – Philip B. Rosen – Linda R. Carlozzi HR/NY General Counsel HR/NY Employee & Managing Partner, Jackson Lewis Labor Relations SIG Chair Partner, Jackson Lewis prospective candidate will be an asset or a liability for an intended employer. As Dr. John V. Pavlik of the Institute for Public Relations states, “Organizational structure is becoming virtual, and the virtual is becoming increasingly real.” More and more, this reality is becoming increasingly prevalent in the recruiting industry. Recruiters who tap into and actively use new Web 2.0 virtual technologies and Social Networking Sites while keeping abreast of current and future technological developments will have the advantages and tools to effectively compete in this lucrative industry. – Amanda Doreson (with Drew O’Brien) Director of Community Relations eHire

Necessity for Detailed Written Commission Agreements Effective October 16, 2007, based on modifications to the definition of “Commission Salesman” in Section 191 of the Labor Law, the terms of employment (including, but not limited to, the terms under which commissions are earned during employment and upon termination of employment and the frequency of reconciliation of any recoverable draw) of a commissioned employee must be in a writing signed by both the employer and the employee, retained by the employer for at least three years and made available to the Commissioner of Labor, upon request. Due to this mandate, the statute now specifically states that, in the absence of a written agreement, there is a presumption that the terms of employment set forth by a commissioned employee are accurate. Protection for those Convicted of Violations Added to Human Rights Law Effective November 1, 2007, the New York State Human Rights Law is amended to prohibit employers from taking any adverse action against an applicant or employee due to Youthful Offender Adjudication or for a conviction for a Violation sealed pursuant to the Criminal Procedure Law. Currently, the Human Rights Law only prohibits employers from disqualifying applicants or employees based on a non-pending arrest that did not result in conviction. Since, as a practical matter, almost all Violation convictions generally are sealed, NY employers’ right to disqualify individuals based
NETWORKING Continued from page 1

friendly nature of these sites allows a potential candidate to easily update their respective profiles; with only a few clicks of the mouse, a prospective candidate is able to update resumes and notify the world of career moves, eliminating the candidate’s need to send out mass quantities of their resume. Also appealing to the recruiter, the “One Person/One Profile” rule of SNS (in contrast to the “One Person/Many Profiles” rule in the Web 1.0 technology world) makes it harder for a potential candidate to exaggerate credentials. As prospective candidates know that SNS are open to the public, they tend to be wary about misrepresenting their qualifications. If a candidate does try to inflate creden-

tials, Web 2.0 technologies provide recruiters with a sixth sense that allows them to see a prospective candidate’s true picture. One presenter quoted a millennial conversing with his supervisor: “Your baby pictures are in photo albums tucked away in a basement. Mine are posted on the web for the entire world to see.” With a quick “google” search, a recruiter can find all sorts of detailed information—including baby pictures—about a potential candidate. Another presenter recounted a different story about a “google” search involving an HR executive at a major Chinese clothing retailer who learned that a seemingly perfect candidate had participated in demonstrations on child labor issues in China. Ultimately, these searches can be a reliable indicator as to whether or not a




Get more out of membership in the new year! Contact one (or more) of the Chairs and Co-Chairs below today! Benefits SIG: Jim Glock Linda Caffin Mental Health SIG: Liisa Semp Wendy Brennan Networking SIG: Barbara Safani M. Sean Harvey Newsletter Brian McComak, PHR

Career Planning & Professional Development SIG: Leslie Willmott Winnie Corton Certification: Jack Shein, SPHR Jennifer Loftus, SPHR Compensation SIG: Edwin Artuz Randi Glinsky Directors’ Forum: Arlene Newman Janice Florence Diversity SIG: Deborah Woolridge Gail Stewart-Evans

Not-for-Profit SIG: Lynne Plavnick, SPHR Grace Beasley-Matthews, SPHR Orientation: Maggy Smith Barry Manus Public Relations: Jacki Friedman Staffing SIG: Charles LaManna, SPHR Anne Hunt-Doherty University Relations: Delphine de Ternay Jennifer Patterson Women’s Issues SIG: Wanda Jackson, SPHR Merrie Singer, SPHR Workforce Readiness: Kathie Malinowski Rhonda Steeg

Employee & Labor Relations SIG: Linda Carlozzi Khristan Heagle Financial Services SIG: Brian Fagan HRIT SIG: Kim Hulber, SPHR Greg Fittinghoff International HR SIG: Susan Farwell Ariel Boverman Legislative & Legal: Colleen Sorrell Jennifer Pleva Managers’ Forum: Danielle Dorter David Emerson Marketing & Promotions: Izzy Kushner Membership: Barbara Safani

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We welcome your submissions! To contribute to future issues, please e-mail articles of 500 words or less (as a Microsoft Word attachment—not a PDF) to Brian McComak at Please put “Newsletter Submission” in subject line of the e-mail. And please adhere to copy deadlines and word count guidelines (available on request). Copy deadline for the February 2008 issue is January 3 and for the March 2008 issue, January 29.




Adding Value to Your Employment Screening Program
Employment screening has become a customary part of the hiring process for most HR professionals. Often another addition to an already overflowing plate, HR has nevertheless accepted this responsibility as a necessary part of the selection process. ing practices. The screening provider should function as the “consistency agent” for the screening within the organization. Legally Obtained Information: In addition to Federal and State consumer reporting laws, the screening provider must be fully compliant with all laws and regulations—such as the New York private investigator licensing requirement. It may be difficult to defend a hiring decision, which was made using information from a provider who was operating illegally. Such lack of due diligence is likely to reflect negatively on the organization. Best Practices, Single Source Solutions: Organizations outsource employment screening because it is a core competency of the provider. That provider should do more than simply provide information about applicants. The provider should be a source of education and information about screening programs overall. This should include process flow, screening packages, and adjudication criteria. Further, providers should seek to educate clients about peripheral issues which may impact them.

At its most basic level, employment screening should provide accurate information about the applicant, which is useful in a hiring decision. What may be overlooked, however, is the additional value that employment screening can and should bring to the enterprise. On its own, employment screening helps to protect the company brand by qualifying individuals for hire. While a solid piece of a strong foundation, it is only one piece. Without additional underpinnings, the Corporate Brand is more susceptible to being thrown off balance. It should be further buttressed with natural extensions of a screening program.

Proactive, Applied Compliance: Screening programs should provide only legally compliant information to HR. Any culling of information should be transparent to the user. Similarly, HR professionals should be alerted of pending changes in laws and regulations so they may appropriately alter their processes. Process Control and Defensibility: Technology at the provider level should be capable of enforcing consistency through process controls and permissions. Users, whether local or remote, should be prevented from inadvertently appearing discriminatory in their hir-

The screening provider must be securely positioned on a foundation of service and technology. Technology should be applied to those things that can be effectively automated, where benefit will be brought to provider and/or user. Technology is an efficient, high value supplement—but not a substitute—for service provided by trained professionals, people who genuinely want to assist employers in their screening programs. – Mary Poquette, CIPP Chief Compliance Officer, Verifications, Inc.

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December 6

Third Annual Holiday Party & Meet the Committees Event. 6:00 - 9:00pm, Location: The New York Helmsley Hotel, 212 E. 42nd Street, 3rd Floor. For information or to register, please visit
Serving Your Customers When Your Business is Non-Profit, presented by the Not-for-Profit SIG. 8:30 - 9:00am, breakfast & networking; 9:00 - 11:00am, presentation. Location: Volunteers of America, 340 W. 85th Street (between West End Avenue and Riverside Drive). For more information or to register, please email + + denotes free event Please visit our website and click on “Events” for more information or to register.

December 11

Upcoming Programs - Save The Date!
JANUARY S M T 1 6 13 20 27 7 14 21 28 8 15 22 29 W 2 9 16 23 30 T 3 10 17 24 31 F 4 11 18 25 S 5 12 19 26 3 10 17 24 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 S M FEBRUARY T W T F 1 8 15 22 29 S 2 9 16 23 2 9 16 23 30 8 10 17 23 24 31 Employee & Labor Relations Compensation Mental Health-Cultural Diff/Gen Issues, Club 101 Breakfast Career Planning & Professional SIG International Benefits 1/2 day - Club 101 20 7 12 14 Employee & Labor Relations, Club 101, 8 - 11 Workforce Readiness Compensation Women’s Issues & Diversity Best Practices, Diversity & Inclusion, Club 101 Breakfast 6 11 12 13 18 25 3 10 17 24 31 Int’l Staffing Annual Immigration Update Club 101 8-12 Labor Benefits Compensation ROI on HR Role Club 101 Dinner Workforce Readiness 2 9 10 16 Compensation All Day Club 101 Not for Profit Diversity Legislative & Legal Club 101 Breakfast 4 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 S M T MARCH W T F S 1 8 15 22 29 6 13 20 27 7 14 21 28 S M T 1 8 15 22 29 APRIL W 2 9 16 23 30 T 3 10 17 24 F 4 11 18 25 S 5 12 19 26

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