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January 6, 2010 Ice Miller website
Ice Miller website
Headlines



Labor Secretary Cracks Down on Workplace Safety, Enforces Rules
Soon after she became the nation's labor secretary, Hilda Solis warned corporate America there was "a new sheriff in town." Her aggressive moves to boost enforcement and crack down on businesses that violate workplace safety rules have sent employers scrambling to make sure they are following the rules.
(Source: Insurance Journal, 2010-01-04) Read the full article
COBRA Administrators Face More Work After Congress Extends Law
Eleventh-hour congressional action extending a COBRA premium subsidy law assures continuation of the subsidy for millions of laid-off workers and their families, but also more work for employers. While laid-off workers will benefit from the extension of the premium subsidy, the extension also will mean more work for employers and their COBRA administrators.
(Source: Business Insurance, 2010-01-04) Read the full article
2009 Immigration Prosecutions Reached Record Levels
Immigration prosecutions rose to record levels in 2009 as the Obama administration kept up aggressive enforcement that began under President George W. Bush. Nearly 27,000 people faced serious federal charges relating to immigration in 2009, according to Chief Justice John Roberts' annual year-end report on the judiciary.
(Source: Los Angeles Times (free reg. req'd), 2009-12-31) Read the full article
H-1B Visa Program Could See Changes Under Immigration Reform Bill
Nearly 90 members of the U.S. House of Representatives are co-sponsoring an immigration reform bill that would make broad changes to the H-1B visa program. The proposed legislation would create a federal agency to review U.S. employment needs, create a new type of visa for founders of start-up companies and increase the supply of H-1B visas.
(Source: Computerworld, 2010-01-04) Read the full article
Recession Causing Increase in Layoffs for Highly Paid Executives
Highly compensated executives, a group typically insulated from heavy job losses during recessions, have been hit much harder in the current slump, experts say. The Labor Department doesn't track unemployment by salary level, but some barometers suggest those earning $150,000 and above are feeling more pain than usual.
(Source: USA Today (free reg. req'd), 2009-12-31) Read the full article
CFOs Consider Dropping Worker Health Coverage Amid Reforms
The current Senate healthcare reform bill that passed on Christmas Eve may change how companies provide coverage to employees. "A number of mid-sized employers are thinking they would drop coverage because it would be more economical to do that, given the penalties, and the employees would still receive coverage," says Dean Hatfield, SVP and health practice leader for Sibson Consulting.
(Source: CFO.com, 2009-12-31) Read the full article
20 Percent of Employers Plan to Increase Number of Jobs in 2010
Job seekers may get some reprieve in the new year, according to a study released by a job search company. Twenty percent of employers plan to increase the number of full-time, permanent employees in 2010, up from 14 percent in 2009, according to CareerBuilder's 2010 Job Forecast.
(Source: CNNMoney.com, 2010-12-29) Read the full article
Headlines
Anticipation... Employment Law in 2010
Tami Earnhart
Tami Earnhart

We survived the holidays and welcomed a new year.  Now is the time to look at the year ahead and prepare for the challenges businesses may face in the employment arena.  Unfortunately, crystal balls that clearly predict the future are few and far between.  Nonetheless, to the extent events in 2010 can be predicted, employers should save time and money down the road if they prepare now, rather than waiting to react when new employment laws and government initiatives occur.

Read the entire article about expected employment law changes in 2010.
Free Webinar on Conducting Effective Internal Investigations

Ice Miller invites you to attend a free webinar on “Conducting an Effective Internal Investigation in the United States,” sponsored and presented by the Employment Law Alliance (ELA) on Tuesday, January 12 from 3:00-4:30 p.m. EST.  Issues discussed will include: the standard of proof, assessing credibility, interviewing witnesses, the right to remain silent, addressing concerns about retaliation and confidentiality, and sorting relevant from irrelevant evidence.

For more information and to register for this session, please visit: www.employmentlawalliance.com and click the link (on the right side of your computer screen) in the box entitled “Employment Law Webinars.”
Administering the Family and Medical Leave Act Under the Current Regulations Seminar

Ice Miller's Labor and Employment Practice is proud to partner with Lorman Education Services to present a seminar on "Administering the Family and Medical Leave Act Under the Current Regulations" on Friday, March 5.  The seminar will take place at the Sheraton Indianapolis City Centre Hotel.  This event will be a great opportunity to network with other professionals in your area.

You can receive $50 off the registration fee by using the priority code 15000 and discount code Z7745121.  Click here to view the event details and register, or call (866) 352-9539.
Work Comp Corner

Expanding Waist Lines Increase Worker's Compensation Costs

Researchers at the National Council on Compensation Insurance have conducted a study that shows the costs of worker's compensation claims for obese employees are significantly higher than those for non-obese individuals. The study found that obese employees filed twice the number of worker's compensation claims, had seven times higher medical costs for those claims, and lost 13 times more days off work from work-related injuries or illnesses than did non-obese employees.

Effective health and wellness programs, including programs aimed at obesity, make sense. If you haven't yet considered implementing such a program, now may be a good time to do so.

A second issue may be employees who are physically unable to do their job, possibly by becoming obese over the years or developing other physical issues. If you have concerns about an employee's ability to do the job that he or she is assigned, you should follow-up with employment counsel to determine the best way to resolve this issue, before an injury occurs. If the individual in question is currently under care for a work injury, consider requesting a functional capacity and fitness for duty examination.

For more information on this study, go to www.NCCI.com.

If you have questions about a worker's compensation issue, please contact Ann Stewart.