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Ice Miller website
Ice Miller website
Ice Miller website
Headlines



Number of Family Discrimination Cases Increased 400 Percent
A lot more parents are suing their bosses over allegations they were passed over for promotions or otherwise penalized at work because of misperceptions that family duties will affect their jobs, the Sloan Work and Family Research Network reports. The number of family responsibilities discrimination cases, known as FRDs, jumped by 400 percent between 1995 and 2005, the network said in a policy brief.
(Source: Seattle Post-Intelligencer, 2008-12-09) Read the full article
Obama's Election Expected to Curb Workplace Immigration Raids
As the Obama administration takes shape, many experts are betting it will significantly curtail one of the most visible and controversial facets of the Bush administration's immigration crackdown: the high-profile workplace raids in which federal agents arrest dozens, even hundreds, of undocumented workers.
(Source: NPR, 2008-12-02) Read the full article
Workers Have Few Legal Rights When Faced with Losing Jobs
As more Americans lose their jobs, worker advocate Lou Maltby is happy to talk about employee rights, but he warns that it's a short conversation. Workers in the United States facing the prospect of losing their jobs generally have very few legal protections when it comes to employment notice.
(Source: Daily Herald, 2008-12-09) Read the full article
Gay Workers Encouraged to Call in Sick in Form of Protest
Some same-sex marriage supporters are urging people to "call in gay" to show how much the country relies on gays and lesbians, but others question whether it's wise to encourage skipping work given the nation's economic distress. Organizers of "Day Without a Gay" -- scheduled to coincide with International Human Rights Day and modeled after similar work stoppages by Latino immigrants -- also are encouraging people to perform volunteer work and refrain from spending money.
(Source: USA Today (free reg. req'd), 2008-12-09) Read the full article
Companies Cut Back on Holiday Parties Amid Economic Downturn
In this new age of economic austerity, companies are forgoing black-tie dinners in favor of cafeteria-catered punch-and-cookie affairs. Facing uncertainty about year-end revenue, grim economic forecasts and the possibility of layoffs, some companies are going philanthropic, skipping the holiday party and donating the money to charity.
(Source: The Washington Post (free reg. req'd), 2008-12-08) Read the full article
Looking to Save Costs, More Companies Cut 401(k) Matches
More companies are looking beyond layoffs and pay cuts to achieve cost savings -- for example, by freezing their company matches on 401(k) plans and leaving participants with less than they expected in their defined contribution plans.
(Source: CFO.com, 2008-12-08) Read the full article
Weight Loss Company to Pay $20 Million to Settle Bias Suit
An employer operating weight loss centers has agreed to pay $20 million to settle a U.S. Equal Employment Opportunity Commission accusing the company of refusing to hire men for certain positions. The EEOC alleged that LA Weight Loss Centers, which was renamed Pure Weight Loss in 2007, had a nationwide policy of not hiring qualified males into the positions of counselor/sales, medical assistants, assistant managers, center managers, area supervisors, trainers, and other field positions.
(Source: HR.BLR.com, 2008-12-03) Read the full article
More Retirees Find Themselves Looking for Work Amid Economic Woes
An increasing number of people who retired in recent years, confident they had set aside enough to live on comfortably, are finding themselves strapped. Retirees have been particularly pinched because their homes and investments are the primary assets they depend on for income, and as a result, many of the country's elderly are finding themselves low on money and looking for work.
(Source: BusinessWeek, 2008-12-04) Read the full article
Headlines
Tidings from the Chair
Michael L. Tooley
Michael Tooley

The year 2008 has seen more changes in labor and employment law than any year in recent memory, many of which take full effect in January 2009.  The prospects for further reform are even greater following the elections in November, with the promise of sweeping changes to the federal laws governing your workplace under the guise of innocuous-sounding but radical legislation such as the Employee Free Choice Act, RESPECT Act, Patriot Employers Act, Paycheck Fairness Act, Civil Rights Act of 2009 and so on.  Coupled with the uncertain impact of the economy on your workforces, 2009 is shaping up to be an incredibly challenging year for human resource professionals and business executives.

Read the entire letter from Ice Miller's Labor and Employment Practice Group chair.

Upcoming FMLA Seminar

Earlier this month Ice Miller presented a two hour webinar giving an overview of the new FMLA regulations that will go into effect on January 16, 2009.  For those HR professionals who are looking for in-depth information about their obligations under these new regulations, Ice Miller is pleased to announce that it will present at the upcoming Lorman Education Services seminar "Family and Medical Leave Act in Indiana" on January 29, 2009.

Learn how to avoid falling into complicated FMLA traps, particularly with the new changes to the FMLA.  This seminar can help you understand what can be a difficult and frustrating law for employers.

Learn more.

Work Comp Corner

Don't Let Work Accidents Mar Holiday Cheer!

The holidays are a popular time for company parties.  You should have a policy concerning parties that helps avoid accidents, injuries, worker's compensation and sexual harassment incidents, and general liability claims.  Make sure you enforce the rules.  A few elements that your policy should include are: 1) non-mandatory attendance; 2) guidelines on employee behavior; 3) limits on alcoholic drinks and provide non-alcoholic alternatives; 4) free cab rides home for any employee who thinks they are unable to drive, with no questions asked; 5) invitation for spouses to attend; and 6) companies that cater and/or manage the bar are bonded and carry necessary liability and worker's compensation insurance.

In the event of an alcohol-related accident, check with your lawyer and insurer about liability insurance.

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