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Headlines



Workers, Employers Face Complicated End-of-Year Vacation Issues
Time off during the holiday season has long been a source of workplace contention, with working parents angling to use their vacation time while kids are off school and singles arguing that their requests are equally important. This year the dilemma gets even more complicated as many workers who feared taking time off earlier in the year will be forced to use or lose their vacation as 2009 comes to a close.
(Source: Miami Herald (free reg. req'd), 2009-12-01) Read the full article
Regulation Would Require Companies to Provide More Pay Data
Companies would have to provide more detailed information about compensation to employees under a regulation that the Department of Labor will propose next year. In releasing the agency's regulatory agenda, Secretary of Labor Hilda Solis put a high priority on wage-and-hour enforcement.
(Source: Workforce Management, 2009-12-07) Read the full article
Temporary Workers Could Make Up One-Quarter of Workforce
An encouraging jobs report underscored the growing prominence of temporary workers who some experts predict could constitute up to a quarter of the workforce in a few years. A big reason employers shed a far-less-than-expected 11,000 jobs last month is that temporary staffing agencies found slots for 52,000 additional workers, the most since 2004, the Bureau of Labor Statistics said.
(Source: USA Today (free reg. req'd), 2009-12-06) Read the full article
Employers Face Immigration Audits Instead of Raids
Instead of making mass arrests, the government is reviewing employment records at hundreds of companies nationwide in an effort to keep illegal immigrants out of the workplace. The actions mean unauthorized workers are more likely to face job loss than prison and deportation.
(Source: Commercial Appeal, 2009-11-29) Read the full article
Manufacturers See Overtime as Way to Boost Productivity
Overtime is returning at many manufacturers, boosting workers' battered wages and helping companies increase output during a period of uncertain growth. But the trend could prevent the improving economy from creating new jobs -- at least for now.
(Source: The Wall Street Journal, 2009-11-27) Read the full article
Companies Teaching Workers How to Prevent Swine Flu Epidemic
Big businesses are spending serious time and money trying to limit the swine flu pandemic's impact on operations, from bankrolling video on good hygiene to training employees to cover for co-workers with critical jobs. Employers are playing Dr. Mom, teaching about hygiene, distributing information about the pandemic, telling folks to stay home if they get sick -- generally with pay -- and scrapping the required doctor's note.
(Source: The Washington Post (free reg. req'd), 2009-11-29) Read the full article
More U.S. Citizens Seeking Work as Day-Laborers Amid Weak Economy
Growing ranks of U.S. citizens are heading to street corners and home improvement store parking lots to find day-labor work usually done by illegal immigrants. The trend is most pronounced in regions where hot construction markets have collapsed, says Abel Valenzuela Jr., a professor of urban planning at the University of California-Los Angeles.
(Source: USA Today (free reg. req'd), 2009-11-30) Read the full article
Employers Offer Online Tools to Help Workers with Open Enrollment
As benefit choices become more complex, more employers are providing self-service decisionmaking tools to employees to help them navigate through the open enrollment process, a survey concludes. Many employers also have found that employees who use the tools, which perform functions such as comparing out-of-pocket medical costs under different health plan options, are more likely to make benefit plan changes.
(Source: Business Insurance, 2009-12-07) Read the full article
Some Companies Helping Charities in Lieu of Office Parties
As the recession prompts more employers to scale back or cancel holiday parties, some are looking for alternative ways to celebrate the season without spending too much money or appearing ostentatious. For some companies that means organizing volunteer efforts instead of parties, while others have come up with creative, low-cost ways to reward employees.
(Source: MSNBC, 2009-12-07) Read the full article
Headlines
FY 2010 H-1B Cap Count Update

Jenifer Brown Christl Glier

Citizenship and Immigration Services (CIS, formerly INS) recently announced that approximately 61,100 H-1B Cap-subject temporary worker petitions have been filed for the 2010 fiscal year (October 1, 2009 - September 30, 2010) . CIS also confirmed that it has approved sufficient H-1B petitions for foreign nationals with U.S. advanced degrees to meet the exemption of 20,000 from the FY2010 Cap. Any H-1B petitions filed on behalf of a foreign national with an advanced degree will now count toward the general H-1B Cap of 65,000. CIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. While it is extremely difficult to make any predictions as to when the FY2010 Cap will likely be exhausted, the rate of H-1B filings may continue to accelerate, and exhaustion of the FY2010 Cap could be imminent.

Read more information about the FY 2010 H-1B Cap Count.

Indiana Employer featuring
Tami Earnhart

Tami Earnhart

Tami Earnhart was featured in this month's edition of Indiana Employer in an article, titled "Outlook 2010." Read the article.

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, 2010 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 and present to you a seminar on "Administering the Family and Medical Leave Act Under the Current Regulations."  The seminar will take place at the Sheraton Indianapolis City Centre Hotel on March 5, 2010. 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 to register, or call 1-866-352-9539.

Work Comp Corner

IRS Mounts Major Audit Initiative For "Misclassified" Independent Contractors

The United States Internal Revenue Service has begun its most significant payroll audit initiative in decades. It is planning to "study" a number of companies to check for compliance in the areas of payroll taxes, independent contractor (IC) status, fringe benefits, and executive compensation. Certainly, independent contractors play an important role in the economy, but some companies may be using an IC classification to avoid worker's compensation insurance issues, as well as payroll tax issues, benefit issues, and so on.

Read about the important things to remember when utilizing independent contractors.

If you have questions about a claim or any of your other worker's compensation questions, please contact Ann Stewart.