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Ice Miller website
Ice Miller website
Ice Miller website
Headlines



Cos. Raise Wages to Attract New Workers After Immigration Raids
Across the country, the federal effort to flush out illegal immigrants is having major effects on workers and employers alike. Some companies have reluctantly raised wages to attract new workers following raids at their plants.
(Source: The New York Times (free reg. req'd), 2007-10-12) Read the full article
GM's Decision to Shed Workers' Health Care Could Start Trend
Its years as the nation's largest employer a distant memory, General Motors Corp. may still be setting the trend for corporate-worker relations in shedding its obligation for the health care of 340,000 retirees. GM says its historic deal with the United Auto Workers as part of a new four-year labor contract will transfer $46.7 billion in retiree health care liability to a trust fund that will be administered by the union.
(Source: BusinessWeek, 2007-10-15) Read the full article
House Considers Bill Limiting Classification of Supervisors
In another step toward reversing labor law rulings by judicial bodies, the House is on its way to passing a bill that would limit the number of employees who could be classified as supervisors. The one-page measure, which passed the House Education and Labor Committee on a party-line vote last month, would strike the words "assign" and "responsibility to direct" from the definition of supervisor in the National Labor Relations Act.
(Source: Workforce Management, 2007-10-10) Read the full article
Clarence Thomas Case Led to Changes in Sex Harassment Suits
Changes in attitudes toward sexual harassment in the workplace in the last 15 years might easily boil down to a tale of two Thomases: Clarence and Isiah. While the outcomes of the two cases couldn't be more different, that early accusation helped lead to a sea change that paved the way for the recent eye-popping $11.6 million verdict for the Knicks' accuser, according to Columbia University law professor Suzanne Goldberg.
(Source: Asbury Park Press, 2007-10-15) Read the full article
States Creating Patchwork of Immigration Laws
As the Bush administration and Congress sit gridlocked on an immigration overhaul, states are jumping into the debate as never before. In the process, they are creating a national patchwork of incongruous immigration laws that some observers fear will make it far more difficult to enact any comprehensive, federally mandated bill down the line.
(Source: The Washington Post (free reg. req'd), 2007-10-15) Read the full article
Pit Boss Sues UAW For $100M, Claiming Slander, Emotional Distress
A Hilton pit boss and his wife are suing the United Auto Workers for $100 million, claiming the union libeled, slandered and intentionally caused them emotional distress during an organizing drive at the casino last spring. The alleged harassment was prompted by Atlantic City Hilton Casino Resort management's recruitment of longtime employee Wayne Chiw, who is Chinese-American, in January to help discourage Chinese and other Asian and Asian-American dealers from joining the UAW, according to the lawsuit that was filed in U.S. District Court in Philadelphia.
(Source: pressofatlanticcity.com, 2007-10-14) Read the full article
More Workers Find Dating a Colleague Acceptable, Logical
That some people believe they can openly date co-workers without endangering their job reflects what those who study the workplace and several surveys suggest: the conventional wisdom about dating the heart-stirrer in the next cubicle is going the way of Wite-Out. Despite years of stern warnings about the pitfalls of seeking love in the shadow of the water cooler -- touched off by the heightened consciousness of sexual harassment in the 1990s -- more workers think dating a colleague is not only acceptable, but logical.
(Source: The New York Times (free reg. req'd), 2007-10-11) Read the full article
Cos. Use Generous Perks to Attract Generation Y Workers
Today's workplace is all about Generation Y when it comes to recruiting. At least that's how employers see it, and they're beginning to shower this group with perks unheard of by older workers who battled to get their collective feet in the career door.
(Source: MSNBC, 2007-10-14) Read the full article
Ex-Bartender Sues NY Strip Club For Being Cheated Out of Tips
An upscale New York strip club was sued by a former bartender who says the wait staff and dancers were cheated out of tips. Siri Diaz filed suit in U.S. District Court in Manhattan against Scores, charging that it paid her and others a subminimum wage while also taking a share of their tips.
(Source: Reuters, 2007-10-10) Read the full article
Morgan Stanley to Pay $46M to Settle Gender Discrimination Suit
A federal judge approved a $46 million settlement of a class-action lawsuit filed by a group of women alleging gender discrimination by their employer, investment bank Morgan Stanley. Six women sued the securities firm last year, alleging that female financial advisers and trainees were discriminated against in compensation, promotion, work assignments and other areas.
(Source: CNNMoney.com, 2007-10-11) Read the full article
Headlines
Gone But Not Forgotten: Hostile Work Environment Claims May Survive In Single Chain of Command

Ryan
Metzing

Ryan Metzing

An employee voluntarily transferred out of one work group of coworkers, whom she had complained created a hostile work environment, into an entirely new group of coworkers. She worked with the new group for two years before she filed any charge of discrimination with the EEOC. Can she now cite the conduct of both groups of coworkers in support of one hostile work environment claim, despite the fact that some of the conduct occurred more than 300 days before she filed her charge?

Read the entire article about hostile work environment claims.

Illegal Immigration, a Preliminary Injunction, and Social Security No-Match Letters

As employers continue to await Congress' response to the growing illegal immigration situation in this country, Immigration and Customs Enforcement (ICE) continues to promote its new focus on worksite enforcement and employer sanctions, including the addition of more worksite enforcement agents and increased budget for this new enforcement priority. You have likely already read about a number of high‑publicity raids and federal indictments against employers, business owners, and even supervisors. Considering this significant shift in the agency's priorities, all employers must take note.

Read the entire bulletin for more information about immigration enforcement.

Love at First Sneeze

Scott
James Preston

Scott James Preston

Sir Winston the Cat

Scott James Preston never considered himself an animal person. In fact, he's allergic to cats. Scott, who spent seven years with a global law firm in Los Angeles before joining Ice Miller, was used to traveling extensively and working long hours. He had neither the time nor the inclination for pets. When Sir Winston the Cat (pictured above) appeared at Scott and his wife's California doorstep with an injured tail, his wife wanted to take the stray to the vet. Although Scott is a strong advocate, he conceded at his wife's insistence. "What I didn't realize," Scott says, " was that the cat would be living in our house. Forever." A year after moving to Indianapolis in 2004, Scott and his wife found two more kittens living in their home-remodeling construction dumpster. Winston now has two companions to keep him young, and Scott takes three different asthma medications just to combat his allergies. "I know I am just one cat away from being that crazy cat guy down the street." For now, though, three cats are plenty - and Sir Winston still rules the roost.

Scott is of counsel in the Firm's Labor and Employment Practice Group focusing on employment litigation.