Having problems viewing or printing this newsletter? Click here.

Ice Miller website
Ice Miller website
Ice Miller website
Headlines



CIOs Say New Technologies Make Workplace Ruder
While smartphones and laptops have made our lives easier, they have also apparently made us ruder. A new survey of 1,400 CIOs conducted by Robert Half Technology shows that 51 percent of CIOs say that the availability of mobile electronic gadgets in the workplace has increased "breaches in workplace etiquette."
(Source: Computerworld, 2010-01-26) Read the full article
Proposal Offers Tax Incentives for Hiring Unemployed Workers
Republican state senators in New York and Democratic U.S. Sen. Charles Schumer are proposing separate but similar job-creating programs that would use tax incentives to entice employers to hire the unemployed. The proposal by the New York Senate's GOP minority includes a tax credit of between $2,500 and $3,500 for three years for an employer every time a new job is created and filled.
(Source: ABC News, 2010-01-26) Read the full article
Report Says Employers Face More Claims, Exposure in 2010
Employers are likely to face more claims and bigger exposures in 2010 as sophisticated class actions and collective lawsuits increase along with aggressive government enforcement. The report examines class action and collective action settlements over the past year, in terms of gross settlement dollars in private-plaintiff and government-initiated lawsuits, and injunctive relief provisions in consent decrees.
(Source: National Underwriter, 2010-01-25) Read the full article
Staples to Pay $42 Million to Settle Overtime Pay Lawsuits
Staples said it agreed to pay $42 million to settle several class-action lawsuits accusing the office supplies seller of misclassifying assistant store managers as exempt from overtime pay. The settlement would resolve claims for damages dating back as far as 2002 and covers more than 5,500 current and former associates.
(Source: Reuters, 2010-01-29) Read the full article
Companies Face Discrimination Claims Over Wellness Programs
Companies' efforts to reduce health-care costs by nudging employees into wellness programs are clashing with a federal law designed to prevent discrimination based on genetics. Many employers offer workers cash incentives or insurance-premium reductions to fill out health surveys and some use that information to offer health advice or direct at-risk employees to disease-management programs, but the Genetic Information Nondiscrimination Act, which took effect last year, restricts employers' and health insurers' ability to collect and disclose genetic information.
(Source: The Wall Street Journal, 2010-02-01) Read the full article
Advocates for Immigration Overhaul Getting Ready to Push Issue
As President Obama vows to refocus Democrats' attention on jobs and the economy, advocates for overhauling the nation's immigration laws say they are still gearing up for a battle in the Senate in coming weeks, despite fading hopes for victory. Washington's drawn-out health-care debate badly damaged prospects for an immigration bill this winter.
(Source: The Washington Post (free reg. req'd), 2010-02-01) Read the full article
Guest Workers Discouraged from Protesting, Testimony Shows
Immigration authorities worked closely with a marine oil-rig company in Mississippi to discourage protests by temporary guest workers from India over their job conditions, including advising managers to send some workers back to India, according to new testimony in a federal lawsuit against the company, Signal International. The cooperation between the company and federal immigration agents is recounted in sworn depositions by Signal managers who were involved when tensions in its shipyard in Pascagoula, Miss., erupted into a public clash in March 2007.
(Source: The New York Times (free reg. req'd), 2010-02-01) Read the full article
Small Companies Could Oppose Mandatory Automatic IRA Accounts
President Barack Obama's effort to increase retirement savings by requiring all businesses to offer automatic IRA accounts may face opposition from small companies, says a Washington-based trade group. Obama said the plan, part of a tax package aimed at middle-income Americans, would let employees automatically enroll in direct-deposit retirement accounts and expand matching tax credits.
(Source: Bloomberg, 2010-01-25) Read the full article
84 Percent of Surveyed Workers Ready for Automatic 401(k) Plans
The Recession has prompted an overwhelming majority of American workers to believe it's time for a new and improved model for workplace retirement programs, Prudential Financial found in a survey. Prudential's sixth "Workplace Report on Retirement Planning" found that 84 percent would embrace a fresh approach to their workplace retirement plans, particularly more "autopilot" features.
(Source: Financial-Planning.com, 2010-01-29) Read the full article
More Companies Offering Happiness Coaching to Improve Morale
A growing number of employers have hired trainers who draw on psychological research, ancient religious traditions or both to inspire workers to take a more positive attitude -- or at least a neutral one. Happiness-at-work coaching is the theme of a crop of new business books and a growing number of MBA-school courses.
(Source: The Wall Street Journal, 2010-01-27) Read the full article
Headlines
Bring Your Gun to Work Day?
Paul Harrison Sinclair
Paul Sinclair

We've All Heard of "Bring Your Child to Work Day." But What About Your Gun?

You may recall a few weeks ago, Washington Wizards star basketball player Gilbert Arenas pleaded guilty to gun charges after he took his handgun into the team's locker room.  What if Arenas had been in Indiana and had left his Smith and Wesson in his car?  A potential new law that just passed both houses of the Indiana General Assembly would make "take your gun to work day" a right for almost every employee in Indiana - and a potential nightmare for Indiana employers.

Read the entire article about this potential new workplace law.

Medicare Secondary Payer Act - Settlements With Medicare Beneficiaries

Medicare UPDATE:
Section 111 Reporting Responsibilities v. Repayment of Medicare's Conditional Payments

Many employers and their insurance companies have implemented new procedures to comply with Medicare's reporting requirements.  They have developed an intake process to identify Medicare beneficiaries making liability insurance, no-fault insurance and worker's compensation claims.  Some have completed the registration process and are poised to begin reporting data to the Centers for Medicare and Medicaid Services.

While we have recently focused on the Section 111 reporting requirements in our alerts, we want to remind companies that the Medicare Secondary Payer Act requires everyone to "protect Medicare's interest" in all settlements with Medicare beneficiaries.  This is not a new requirement and is a separate process from the new mandatory reporting requirements.

Read the entire article about the Medicare Secondary Payer Act.

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

Temporary Workers?

In Indiana, the temp agency and the placement employer are equally responsible for worker's compensation.  Your agency probably covers its temps with a worker's comp policy.  Still, it's prudent to add an "alternate employer endorsement" to your own worker's comp policy, in case there is a mix-up at the agency.

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