Companies may be having a hard
time finding qualified young people to fill their junior accounting and finance positions, but
that's nothing compared to the struggles they'll likely be facing in the next few years at the other
end of the age spectrum. The long-dreaded era of Baby Boomer retirements has finally dawned, and
with the oldest Boomers turning 62 this year, the fallout may reach epic proportions in the early
years of the next decade.
For the past three years, two
big American unions hungry to expand their ranks maintained secretive arrangements with several
companies that allowed organizers to recruit workers as long as they kept quiet about their
successes. The U.S. labor movement has been struggling for years with declining membership, and the
quiet deals represent an unorthodox strategy to get in some big companies.
(Source: Chicago Tribune (free reg. req'd.),
2008-05-11)
Razzoo's Cajun Café will pay
$1 million to settle a lawsuit that claimed the restaurant chain routinely declined to hire or
promote men who wanted to be bartenders. In a lawsuit filed in 2005 against the Addison-based
restaurant chain, the Dallas office of the U.S. Equal Employment Opportunity Commission represented
nearly 90 male applicants, servers and bartenders.
A jury verdict in favor of the
US Equal Employment Opportunity Commission and farm worker Olivia Tamayo has been affirmed by the
Ninth Circuit Court of Appeals in a sexual harassment and reprisal lawsuit against Coalinga,
California-based Harris Farms, the EEOC announced. A jury found Harris Farms liable for sexual
harassment, retaliation and constructive discharge and awarded Tamayo over $1,000,000, including
attorney's fees for her private lawyer, on her federal and state law discrimination claims.
(Source: CCH Business & Corporate Compliance,
2008-05-07)
The U.S. Congress won't be
beefing up the number of H-1B visas anytime soon, the chief legal adviser to an influential
Republican predicted. Proposals to raise the annual H-1B cap would sail through Congress if called
up for a floor vote, but political considerations mean that probably won't happen anytime soon, said
George Fishman, chief counsel to the Republican side of a U.S. House of Representatives Judiciary
Committee panel on immigration.
A Detroit police officer who
says she and many other female officers are forced to hide their pregnancies is headed to federal
court to fight a policy that she says forces pregnant cops to go on unpaid leave.
Federal immigration agents
raided a northeastern Iowa meat processing plant, arresting more than 300 people and housing many of
them at a converted fairgrounds. The raid of the Agriprocessors Inc. plant in Postville was the
largest in state history and had been planned for months, said U.S. Attorney Matt M.
Dummermuth.
Indiana Supreme Court Provides
Valuable Guidance For Employers
Indiana courts continue to allow employers to protect goodwill, trade secrets and other valuable
business interests by using restrictive covenants, including noncompetition and nonsolicitation
agreements. The Indiana Supreme Court recently provided valuable guidance for employers utilizing
restrictive covenants to protect their businesses. Also, the Indiana Supreme Court addressed for the
very first time the use of "no defense" provisions in restrictive covenant agreements as a way to
limit an employee's ability to challenge the enforceability of the restrictive covenants.
Ice Miller is currently partnering with WFYI to bring you SMS
text or e-mail topic alerts in advance of the Indiana Week in Review program. Sign up to receive the
alerts.
Maybe so. The Indiana Supreme Court recently held that injuries that occur to employees in
non-work activities which promote "good will" may be compensable. Reduce the likelihood of
compensability by having the party off premises and not during work hours. Make sure attendance is
strictly voluntary. In addition, try to reduce your risk of accidents. Avoid or limit alcoholic
beverages, and if you serve alcohol, provide taxis or other forms of transportation to minimize
risks.
Informed Employer Briefing Weekly is a weekly e-mail service provided by Ice Miller LLP.
Indianapolis office:
One American Square, Suite 3100, Indianapolis,
IN 46282-0200.
This publication is intended for general information purposes only
and does not and is not intended to constitute legal advice. The reader must consult with
legal counsel to determine how laws or decisions discussed herein apply to the reader's specific
circumstances.
To learn more about the firm and its services, visit www.IceMiller.com.
We believe that all employers, public and private alike, will be better able to
achieve their goals if they are free to use their human resources in the manner they deem productive
and efficient, with minimal interference from government regulations and other outside sources.
Whether in a union or non-union environment, our chief goal is to assist our employer clients in
creating a work force that is world-class in all respects.
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