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Ice Miller website
Ice Miller website
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Headlines



Employers Faced with Benefits, Drawbacks of March Madness
As the NCAA basketball tournament kicks into gear, March Madness once again spreads out of arenas and into the workplace. And, amid all this game monitoring and chatter, some say productivity and earnings may take a hit, but others say the shared experience bolsters business.
(Source: CNN.com, 2010-03-15) Read the full article
Senators Propose StartUp Visa Act in Hopes to Compete Globally
With prodding from the U.S. venture community, Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.) have proposed a two-year visa for any immigrant entrepreneur who can secure $250,000 in capital from American investors. The senators hope to pass the StartUp Visa Act this month as part of legislation aimed at helping small businesses add jobs.
(Source: BusinessWeek, 2010-03-11) Read the full article
More Businesses Turning Temporary Workers into Permanent Hires
A growing number of businesses are converting temporary workers to permanent hires, heralding a warming job market. Temporary jobs jumped by 48,000 in February to two million and are up 284,000 since September, the government said. That's a good sign: Employers typically hire interim workers before beefing up permanent staff.
(Source: USA Today (free reg. req'd), 2010-03-08) Read the full article
Obama Says He Remains Committed to Immigration Reform
President Barack Obama assured immigration advocates frustrated by the wait for a promised overhaul of U.S. immigration laws that he remains committed to fixing a system he has said is broken. What remains unclear is whether Congress will send him a bill this year. Obama also met separately in the day with Sens. Chuck Schumer, D-N.Y., and Lindsey Graham, R-S.C., who gave the president an outline of a bill they are drafting. Obama said afterward in a statement that he "looked forward to reviewing their promising framework."
(Source: ABC News, 2010-03-12) Read the full article
EEOC Says Sex Harassment Claims Filed by Men Have Doubled
From 1990 to 2009, the percentage of sexual harassment claims filed by men has doubled from eight percent to 16 percent, according to the U.S. Equal Employment Opportunity Commission. Lawyers at the commission say they've noticed the increase in complaints by men -- more than 2,000 were filed in 2009 out of about 12,700 cases.
(Source: Insurance Journal, 2010-03-05) Read the full article
Ind. Lawmakers OK Delay on Premiums for Unemployment Insurance
Indiana lawmakers broke through a weeks-long stalemate on legislation to delay for one year a more than $300 million increase on the premiums businesses pay for unemployment insurance. The bipartisan compromise on Senate Bill 23 also includes several provisions to spur job growth in the state, party leaders said.
(Source: South Bend Tribune, 2010-03-13) Read the full article
Fewer Employers Providing Relocation Assistance
If you're thinking about relocating for a new job, there's a good chance you may have to cover your own moving costs, even if you've got a job offer. When you search for openings on the major job boards lately, lots of the ads say: "No relocation assistance is provided."
(Source: MSNBC, 2010-03-07) Read the full article
In Wake of Recession, Workers More Loyal to Employers
More than a quarter of employees surveyed worldwide by Kelly Services say that the recession has made them more loyal to their employers. Twenty-seven percent said the economic recession has made them feel more loyal to their employer, 10 percent feel less loyal and 63 percent say it has made no difference.
(Source: Crain's Detroit Business, 2010-03-08) Read the full article
More Workers Fighting High 401(k) Retirement Plan Fees
A growing number of workers are horrified by losses in their 401(k) retirement plans and are finally getting traction where lawmakers and regulators have stumbled: putting the squeeze on high retirement-plan fees. The tricky part: The same economic downturn prompting scrutiny of high fees also is responsible for an outbreak of job insecurity, making the issue a sensitive one to raise with employers.
(Source: The Wall Street Journal, 2010-03-06) Read the full article
Workers Face More Health Care Burden as Employers Shift Costs
Most big employers plan to shift a larger share of health-care costs to their workers next year, according to a survey. Many say they may charge more to cover spouses, tighten eligibility standards for their health plans and dispense financial rewards or penalties based on the results of certain lab tests.
(Source: The Washington Post (free reg. req'd), 2010-03-11) Read the full article
More Companies Starting to Give Bonuses Twice a Year
A growing number of U.S. companies, mainly in the retail and high-tech industries, are replacing their annual incentive structure with bonuses earned twice a year. In addition to boosting morale at a time of salary freezes and pay cuts, semiannual bonuses help companies retain key players by dangling the carrot of two targets a year, while giving boards a chance to raise those goals quickly if economic conditions improve.
(Source: The Wall Street Journal, 2010-03-15) Read the full article
Headlines
Can Companies Sue Other Companies for Sexual Harassment?
Michael A. Blickman
Michael Blickman

A New Claim is on the Horizon

Local, state and federal civil rights laws generally prohibit discrimination in employment as well as in public accommodations.  The traditional discrimination case is one where an employee sues his or her employer for discrimination in the workplace.  However, employers that have multi-state and international operations, must remain vigilant regarding laws that extend to apply outside of the employment context.  For example, the New Jersey Law Against Discrimination makes it illegal to "refuse to buy from, sell to, lease from or to, license, contract with, or trade with, provide goods, services or information to, or otherwise do business with any other person" on the basis of gender or other protected categories.

Read about a case where a business partner sued another business partner for unlawful sex discrimination.

Employment Law Alliance Webinar: An OFCCP Audit -- Coming to a "Theatre" Near You...

Free Webinar
Tuesday, April 6
2 p.m. EDT


Ice Miller invites you to attend a free webinar titled, “An OFCCP Audit -- Coming to a 'Theatre' Near You...," sponsored and presented by the Employment Law Alliance.  The Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor is responsible for enforcing the nondiscrimination and affirmative action obligations applicable to federal contractors and subcontractors.  Failure to fully comply with these rules puts your government contracts in jeopardy.  OFCCP recently received a large increase in funding and personnel, which it intends to devote primarily to enhanced enforcement.  Regardless of whether your business is publicly or privately owned, for-profit or non-profit, based in the U.S. or overseas, you need to understand how these new developments will affect your organization.

Learn more about attending this webinar.

Ice Miller is proud to be a member of the ELA.  The ELA is a network of more than 2000 employment and labor attorneys from 50 nations, helping clients deal with complex employment issues around the world.

Workers' Compensation Seminar

Ice Miller's Labor and Employment Practice is proud to partner with Lorman Education Services to present "Workers' Compensation Update."  The seminar will take place Wednesday, April 28.  Find out how to minimize workers' compensation costs and stay afloat in these challenging economic times.

You can receive $50 off the registration fee by using the priority code 15000 and discount code Z7745121. Click here to view event details and register, or call (866) 352-9539.

Work Comp Corner

Employers May Not be Reporting Injuries to Keep Comp Rates Low

The Government Accountability Office (GAO) recently released a 70 page study with findings from its investigation into the accuracy of employer injury and illness data collected by the Occupational Safety and Health Administration (OSHA).  The federal report found that many employers are failing to report work place injuries and illnesses in an effort to keep their worker's compensation rates low.  The study found additional disincentives that may discourage workers from reporting work-related injuries and illnesses to their employers.  In an effort to collect accurate injury and illness data, the GAO suggested that OSHA:

  • Require inspectors to interview workers during the records audit.  These interviews will be used to obtain information on injuries or illnesses.
  • Minimize the amount of time between the date injuries and illnesses are recorded by employers and the date they are audited by OSHA.
  • Update the list of high-hazard industries used to select work sites for records audits and target inspections, outreach and technical assistance.
  • Increase education and training provided to employers to help them determine which injuries and illnesses should be reported under the record keeping standard, such as providing assistance to employees via the online tool that OSHA is considering.

Secretary of Labor Hilda L. Solis emphasized that accurate injury and illness records are vital to protect the health and safety of America's workforce.  Solis found many of the problems identified in the report alarming and said that OSHA will be taking strong enforcement action where it finds underreporting.

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