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Ice Miller website
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Ice Miller website
Headlines



Bush Signs Legislation to Extend Jobless Benefits Through Holiday
The White House says President Bush signed into law a bill that Congress approved to keep unemployment checks flowing to jobless Americans through the holiday season.
(Source: BusinessWeek, 2008-11-21) Read the full article
Senate Kills Legislation to Ease Pension Fund Rules
A bill designed to boost the economy in part by easing stringent pension funding rules for companies died in the lame-duck session of the Senate. It's not clear whether the measure will be revived in another special session in December or will have to wait until a new Congress is seated in January.
(Source: Workforce Management, 2008-11-20) Read the full article
Two-Thirds of Employers Monitor Internet Use at Work, Survey Says
Two-thirds of employers monitor staff use of the internet during working hours and block access to sites deemed irrelevant to the job, a survey of managers revealed. The Chartered Management Institute said the censoring of employees' web browsing was an example of old-fashioned thinking in boardrooms where senior executives have not caught up with the business benefits of exploiting new technology.
(Source: Guardian, 2008-12-02) Read the full article
Employers Forced to Cut Bonuses, Pay Raises, Severance Packages
Employers are drastically slashing bonuses, severance packages and pay raises next year to cut costs amid mounting concerns of a prolonged economic downturn. While many employees understand the need for cutbacks as the economy languishes, employers risk a backlash and lowered morale if cuts hit bottom and middle-income earners while sparing executives.
(Source: USA Today (free reg. req'd), 2008-11-23) Read the full article
Study Finds Employees Contributing Less to 401(k)s
Workers are increasingly cautious about investing in corporate retirement funds, having shifted money out of stocks, reduced how much they contribute and, in some cases, stopped contributions altogether or withdrawn money, according to a study. The study by Hewitt Associates found the average U.S. 401(k) plan balance was down 14 percent this year to $68,000 from $79,000 in 2007.
(Source: Reuters, 2008-11-24) Read the full article
CNN Violated Labor Laws in Terminating Subcontractor, Judge Rules
A National Labor Relations Board judge ruled that Time Warner Inc.'s CNN unit violated labor laws when it terminated a subcontracting relationship with Team Video Services LLC for camera, sound and engineering work. Administrative Law Judge Arthur J. Amchan ordered that CNN offer to reinstate more than 100 workers and provide them with back pay and other benefits.
(Source: The Boston Globe (free reg. req'd), 2008-11-24) Read the full article
Audit of H-1B Applications Shows High Amount of Fraud
An audit of six months' worth of H-1B visa petitions turns up an alarming percentage of fraudulent and misrepresented applications. The results are likely to bolster critics of the program.
(Source: Human Resource Executive Online, 2008-11-17) Read the full article
Judge Orders University to Pay Almost $2M in Religious Bias Suit
Federal district court judge Mary H. Murguia of the district of Arizona entered a consent decree for nearly $2 million and significant remedial relief to resolve a class-based religious bias lawsuit against the University of Phoenix and its parent corporation, Apollo Group, Inc, according to a statement from the EEOC. The University of Phoenix engaged in a widespread practice of discriminating against non-Mormon employees who worked as enrollment counselors in the university's Online Division in violation of Title VII, alleged the EEOC in its lawsuit.
(Source: CCH, 2008-11-19) Read the full article
Companies Offer Incentives to Employees Who Bike to Work
A growing number of companies across the USA are offering incentives to their employees to promote bike commuting. In October, Congress passed the Bikes Commuters Act, which was included in the bailout plan.
(Source: Daily Record, 2008-12-01) Read the full article
Headlines
Corporate Formalities Harpoon Non-Compete Enforcement
David J. Carr
David Carr

A new Indiana Court of Appeals decision may send companies scrambling to redraft employment contracts containing non-competes.  What happened?

The facts of the case display common elements of non-compete litigation.  A disgruntled executive employee brought claims against his former employer seeking to find his non-compete clause unenforceable and seeking damages for tortious interference with business relations, breach of contract and violation of the state "black listing" statute.  The employer counter-claimed alleging breach of contract, violation of trade secrets, and seeking enforcement of the non-compete provisions.

Read the entire article regarding non-compete agreements.

Upcoming Seminars

Ice Miller is pleased to present at these upcoming Lorman Education Services seminars.

Managing Employee Documentation and Discharge
December 12, 2008
Learn more.

Family and Medical Leave Act in Indiana
Updated to Cover the New Regulations
January 29, 2009
Learn more.

Work Comp Corner

PDA Pain
We Know You Love Your Handheld Personal Data Assistant

You may love your handheld personal data assistant (PDA), but the fact is, these tiny devices can cause ergonomic problems.  Constant flexing and rotating the thumb joint can lead to stress, pain and injury.  Overuse of the devices can cause eye strain, and walking while texting can cause falls and collisions.  Ergonomic experts suggest limiting the time you spend on your PDA, take regular breaks, keep text messages short, switch hands and rest your eyes.  Also, keep your wrists straight while you manipulate those tiny buttons.  If you flex your wrist or have it bent in any particular direction, it increases the stress and strain on your joints and tendons.

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