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Headlines



Survey Finds Majority of Companies to Put Off Hiring
Nearly two-thirds of U.S. employers plan to keep their payrolls stable at the end of the year while one in 10 expect to cut staff, according to a survey that points to further deterioration in the job market. Sixty-three percent of hiring managers said they planned no change in the number of full-time, permanent employees at their companies in the October-December quarter.
(Source: USA Today (free reg. req'd), 2008-09-30) Read the full article
Employers Found to Win More Discrimination Cases in Federal Court
A study finds that companies win employment-bias cases much more frequently in the federal court system than in state courts, and the results are reversed less often on appeal. A variety of factors probably affect the finding, the research authors say.
(Source: Human Resource Executive Online, 2008-09-29) Read the full article
Justice Department Sues D.C. Transit for Religious Discrimination
The Department of Justice has filed a lawsuit against the Washington Metropolitan Area Transit Authority in the U.S. District Court for D.C., alleging the transit authority discriminates against employees based on religion. The complaint alleges that WMATA didn't hire her because her religious practices prevented her from complying with a part of WMATA's uniform policy for bus drivers.
(Source: Washington Business Journal, 2008-10-01) Read the full article
Construction Workers Sue Co. Over Years of Unpaid Overtime Wages
A group of construction workers has filed suit against a San Francisco-based home-building company, claiming that they were coerced for years into working unpaid overtime. In a federal court lawsuit, the 14 plaintiffs also allege a variety of other violations, including being asked to sign blank time sheets, skip breaks and travel without compensation, attorneys said.
(Source: Los Angeles Times (free reg. req'd), 2008-09-23) Read the full article
Labor Department Sues Company for Failing to Pay Back Wages
The U.S. Department of Labor has filed a lawsuit against Houston-based Cemex Inc., alleging that the company failed to properly pay more than $5 million in overtime back wages to about 2,000 ready-mix drivers from Arizona and seven other states. The department filed the suit against Cemex after an investigation by its Wage and Hour Division in Houston covering the three-year period from September 2005 to September 2008.
(Source: East Valley Tribune, 2008-09-25) Read the full article
Judges Say City Can Charge Employers to Help Pay for Health Care
In a decision that could set the stage for a test of the supremacy of a longstanding federal labor law, a panel of federal judges found that San Francisco had the right to charge employers to help pay for its universal health care plan, the first in the nation. The ruling affirms a January decision by the same panel that required all but the smallest businesses in the city to contribute to employees' health care costs or pay a fee to help the city provide care.
(Source: The New York Times (free reg. req'd), 2008-09-30) Read the full article
Small Businesses Cope with Stressed-Out Workers
American workers are living through an extremely stressful time, between declining home values, rising food and energy costs, and worries about job security. Many workers bring their stress into the small businesses where they work.
(Source: Miami Herald (free reg. req'd), 2008-09-29) Read the full article
Cos. Offering Fewer Health Benefits, Higher Costs for Workers
Health benefits continued to erode this year as employers tried to grapple with escalating expenses by cutting back coverage and shifting more of the cost burden to workers by raising premium contributions, deductibles and other out-of-pocket costs, according to the 2008 Kaiser Family Foundation/Health Research and Educational Trust survey. Deductibles in preferred provider plans grew by an average of $99 to $560, but perhaps more significant was the surge in the prevalence of high-deductible health plans.
(Source: Business Insurance, 2008-09-24) Read the full article
EEOC Charges Jewelry Company with Sexual Discrimination
Federal officials charged Sterling Jewelers Inc., which operates Kay Jewelers stores in malls in Yorktown Heights and West Nyack, with discriminating against female employees by paying them less than their male counterparts and denying them promotions. Female retail-sales employees were victims of a system in which promotion and compensation decisions were made in an "excessively subjective" fashion, the U.S. Equal Employment Opportunity Commission said in a statement announcing its lawsuit against the company, the nation's largest specialty-jewelry retailer.
(Source: LoHud, 2008-09-25) Read the full article
More Companies Allow Employees to Bring Dogs to Workplace
It may sound disruptive or just plain crazy to allow dogs in the office, but nearly one in five companies allow employees to bring pets to work, according to a 2008 survey conducted by the American Pet Products Manufacturers Association. Almost a quarter of working Americans believe pets should be allowed in the workplace, the survey found.
(Source: Arizona Republic (free reg. req'd), 2008-09-29) Read the full article
Headlines
Free Fallin' – Is Parking Lot Slip and Fall an OSHA Recordable Injury?
Lindsay Ramsey
Lindsay Ramsey

It’s nearing the season where slips and falls occur at an increasing number.  No matter how well the snow and ice are removed from streets and sidewalks, employees may encounter some slippery surfaces when walking outdoors in the winter.  A recent Letter of Interpretation published by the Occupational Safety and Health Administration (OSHA) may hold employers accountable for recording these injuries on their establishment logs if they occur on the company controlled parking lot surface and meet the other recording criteria listed in the recordkeeping regulation.

Read the entire article on OSHA's guidelines for recording slip and fall injuries.

Free Webinar: ADA Amendments Act

Ice Miller will be hosting a webinar to discuss the ADA Amendments Act on Tuesday October 7, from noon - 1 p.m. (EDT).

Register online for this free ADA Amendments Act webinar.

Butler University, Ice Miller LLP and Inside INdiana Business Announce Results of Annual CEO Survey

Survey Highlights CEO Challenges and Issues

Butler University, Ice Miller and Inside INdiana Business announced the results of the second annual statewide survey of Indiana's chief executive officers and senior executives.  The survey, "The State of Our Business – A Perspective from Indiana Executives," provides insight and understanding with respect to significant issues facing CEOs, the state's role in attracting and retaining business, specific state initiatives and employment related issues.

The project partners identified over 1,187 CEOs and other executive officers as potential respondents.  Of those contacted, 227 responded to a comprehensive online survey designed by Butler University.

The partners addressed several themes to examine in greater detail including: CEO challenges and issues, the state's economic stability, the state's role in economic development, human resources and diversity issues, education, technology and general interest.

Read the results and blog discussing the 2008 survey.

Work Comp Corner

Driver Training For Employees?

Motor vehicle accidents cause the largest proportion of serious and fatal worker's compensation claims.  It is wise to have policies in place that encourage safe driving.  Such policies include limiting the distance or number of hours an employee drives, forbidding the use of a cell phone while driving, requiring employees to drive within the speed limit, and to wear a seat belt.

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