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Ice Miller website
Ice Miller website
Ice Miller website
Headlines



More Companies Cutting Back on Severance Packages
As the economy swoons, some companies are cutting workforces -- and severance benefits.
(Source: BusinessWeek, 2008-10-23) Read the full article
Group Lobbies to Ease Pension Plan Funding Rules
An employer benefit lobbying group urged federal legislators to take a series of steps, including easing pension plan funding rules, to avoid widespread benefit freezes and damage to the nation's economy. As part of a 10-point plan, the Washington-based American Benefit Council recommends delaying requirements in a 2006 federal law that gradually require employers over the next few years to fully fund their pension plans, up from a prior 90 percent funded target.
(Source: Business Insurance, 2008-10-22) Read the full article
Gov't Renews Efforts to Crack Down on Hiring of Illegal Workers
The Bush administration in its final weeks will revive a stalled crackdown on U.S. companies that hire illegal immigrants, issuing a new regulation and asking a federal judge to lift a ban on the measure, Homeland Security Secretary Michael Chertoff announced. If the court agrees, the government could begin mailing notices to 140,000 employers regarding suspect Social Security numbers used by an estimated 8.7 million workers, pressuring businesses to either resolve discrepancies or fire workers within 90 days.
(Source: The Washington Post (free reg. req'd), 2008-10-24) Read the full article
Employers Urged to Plan for Workers Wanting Time to Vote Early
There's some question about what employers should do if workers request time off to cast ballots before Election Day. Long lines of early voters in states that allow advance voting indicate strong interest in not dealing with what are sure to be longer lines on Nov. 4.
(Source: pressofatlanticcity.com, 2008-10-28) Read the full article
Upcoming Changes to ADA Could Lead to More Costs, Litigation
The Americans with Disabilities Act is in for a big change, and lawyers said it could mean more costs and possibly more litigation for businesses. The act, passed into law in 1990 and implemented a year later, has been amended and those amendments will take effect in January.
(Source: The Wichita Eagle, 2008-10-23) Read the full article
Luxury Resort Agrees to Pay Untipped Workers $14.7 Million
The Canyon Ranch luxury resort has agreed to pay $14.7 million to workers who claimed they were wrongly deprived of tips. Canyon Ranch will pay $14.7 million -- including interest and attorneys' fees -- to about 600 employees who worked there between April 2004 and October 2007.
(Source: International Herald Tribune, 2008-10-23) Read the full article
Corporate Boards Expected to Agree with Say-on-Pay Proposals
The spotlight on CEO and CFO pay is starting to open some eyes in corporate boardrooms, as directors appear to be changing their minds on shareholder-friendly -- but often hotly contested -- proposals. A number of board members attending the National Association of Corporate Directors conference in Washington said they believed Congress would mandate non-binding advisory votes on executive compensation, known as say on pay, as well as proxy access, next year.
(Source: Financial Week, 2008-10-22) Read the full article
Judge Awards $4.6M in Back Pay for Immigrant Delivery Workers
A federal judge ordered a payday for three dozen immigrant delivery workers who toiled for years at New York City restaurants without proper wages. U.S. Magistrate Judge Michael Dolinger ordered the owner of several popular Vietnamese cafes to pay more than $4.6 million in back wages and overtime dating to 1999, plus fines and penalties, to a group of former employees who said they had received substandard wages.
(Source: MSN Money, 2008-10-22) Read the full article
57 Percent of Surveyed Companies Offer Wellness Programs
More than half of large U.S. employers offer wellness programs like gym memberships and weight loss assistance to their workers, and say these help reduce medical costs, according to a survey. The MetLife survey found that 70 percent of employers who offer wellness programs saw them as a "very important tool for employee retention."
(Source: Reuters, 2008-10-22) Read the full article
Headlines
You Say it Best When You Say Nothing at All: Be Cautious about Taking Calls from Former Employees
Michael A. Blickman
Michael Blickman

We caution employers against taking calls from former employees or writing letters of recommendation for them, particularly from individuals who were terminated for performance reasons or due to misconduct.  While some of these calls and requests may be legitimate, some individuals may be trying to trap an employer into saying something that can be used to the employee's advantage in a planned lawsuit against the company.

Read the entire article about communicating with former employees.

Ice Miller Invites You to a Labor Seminar on Re-Engineering Indiana's Workforce

Wednesday, November 19, 2008
7:30 - 11:30 a.m. (EST)
hot breakfast will be provided

Skyline Club
One American Square, 36th Floor
Indianapolis, IN 46282

The Keynote Speaker is Nate Feltman, Indiana Secretary of Commerce and CEO of the Indiana Economic Development Corporation.  Nate will speak on the efforts at the federal level to retain and attract employers to Indiana.

Ice Miller attorneys will speak on:

  • Employee Free Choice Act
  • FMLA Regulations
  • ADA Amendments Act
  • Immigration
  • Restrictive Covenants

There is no cost to attend this seminar, but space is limited. Registration is required.

Please RSVP by Friday, November 14 to Lisa.Johnson@icemiller.com.

Work Comp Corner

Engineering Solutions For Lifting Problems - Part II

Excessive lifting, pushing and pulling can cause a lot of workplace injuries.  Several engineering solutions to avoid overexertion were discussed in last week's Work Comp Corner.  Below are a few more suggestions:

  • Provide mechanical devices, such as lifts and hoists, whenever possible.
  • Train your employees in the use of these lifts and hoists, and require them to do so for every appropriate load.
  • Find unstable or heavy loads and tag them for extra care.  Encourage employees to test the load for stability before picking it up and carrying it.
  • Reduce the weight of the load by putting fewer items in the containers, using smaller containers or repacking the containers.
  • In emergencies, use team lifting for heavy and bulky objects and train your employees in team lifting.  This should only be a temporary solution; other methods should be used if heavy or bulky objects have to be lifted regularly.
  • Rotate workers between lifting and non-lifting tasks to prevent repetitive overexertion.

Please contact Kathleen Shortridge or Ann Stewart if you have questions on this topic or any other worker's comp issue.