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June 24, 2009 Ice Miller website
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Headlines



EEOC Votes to Revise ADA Amendments Regulations
The U.S. Equal Employment Opportunity Commission voted to revise its regulations to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability. The rules changes represent an initial stage in the regulatory process and must next go to the Office of Management and Budget for review, and to federal agencies pursuant to Executive Order 12067, without public comment.
(Source: Occupational Health & Safety, 2009-06-22) Read the full article
Obama Names "Compensation Czar" to Police Executive Pay
The Obama administration named a "compensation czar" to set salaries and bonuses at some of the biggest firms at the heart of the economic crisis, as part of a broader government campaign to reshape pay practices across corporate America. Senior officials said they will install Washington attorney Kenneth R. Feinberg with the power to determine compensation, including retirement packages, of senior executives at seven firms that have received massive federal bailouts, such as Citigroup chief executive Vikram S. Pandit, Bank of America's Kenneth D. Lewis and Fritz Henderson of General Motors.
(Source: The Washington Post (free reg. req'd), 2009-06-11) Read the full article
Companies Face Employee Backlash Over Wellness Offerings
Businesses that promote wellness often have bigger worries than candy bars in office vending machines. They must confront employee concerns about privacy and discrimination and be ready for potential backlash from employees who don't like bosses pushing them to ramp up workouts or quit smoking.
(Source: USA Today (free reg. req'd), 2009-06-17) Read the full article
Companies Enhance 401(k) Features to Increase Participation
Although there have been reports of about one-third of employers cutting back on or eliminating 401(k) matches, for the most part, they have continued to add other features to the plans to increase participation and investment rates, Charles Schwab found. And that has helped most workers stay the retirement savings course.
(Source: Financial-Planning.com, 2009-06-11) Read the full article
Obama Vows to Add Overhaul of Immigration System to Agenda
Add another complicated legislative challenge to the long list President Obama is giving himself: As he works to overhaul the nation's health care system and economic regulatory system, the president is promising to rewrite the nation's immigration laws too. The president reiterated, in emphatic terms, his support for a sweeping new immigration measure -- that sounds a lot like the one that produced major political gridlock last year in the Senate, despite the support of such powerful and politically disparate leaders as then-president George W. Bush, GOP presidential nominee-to-be John McCain and Sen. Edward Kennedy, D-Mass.
(Source: USA Today (free reg. req'd), 2009-06-19) Read the full article
Some Employees Find Themselves Still at Work During Furloughs
People have put their imaginations to work trying to make the best of furloughs -- temporary, usually unpaid, leave -- ever appreciative that they are a far better alternative than layoffs. But some work quietly -- and sometimes openly -- through furloughs, because they fear for the long-term safety of their positions and hope their self-sacrifice impresses the management.
(Source: The New York Times (free reg. req'd), 2009-06-14) Read the full article
More State Lawmakers Push for Workplace Time-Off Policies
New and strengthened Democratic majorities in many state legislatures are pushing measures that require businesses to grant employees additional time off for personal or family reasons.
(Source: The Wall Street Journal, 2009-06-22) Read the full article
Labor Unions, Catholic Leaders Reach Agreement on Hospitals
Labor unions and Catholic leaders have reached an agreement designed to end years of bitter hostilities that often surrounded union efforts to organize workers at Catholic hospitals. The accord seeks to apply Catholic teachings that recognize the right of workers to "freely and fairly" decide whether to join a union.
(Source: Los Angeles Times (free reg. req'd), 2009-06-22) Read the full article
Illegal Workers Awarded $3.85M for Construction Accidents
Three illegal immigrants injured in construction accidents in New York were awarded settlements totaling $3.85 million in the past two weeks, lawyers said. Lawyers representing the three men said that the settlements demonstrated that illegal workers should not be afraid to sue their employers if they are hurt on the job.
(Source: The New York Times (free reg. req'd), 2009-06-17) Read the full article
Obama Asks Congress to Repeal Company Cell Phone Tax
The Obama administration asked Congress to repeal the tax on the personal use of company cell phones after sparking an outcry when it sought ideas for enforcing the law. The law says that personal use of a company cell phone should be taxed like other fringe benefits, such as a company car.
(Source: Seattle Times, 2009-06-16) Read the full article
Headlines
U.S. Supreme Court Takes Burden of Proof Off Employers in Age Cases
Germaine Winnick Willett
Germaine Winnick Willett

Employers sometimes find themselves faced with litigation despite their best efforts to maintain a discrimination-free work place.  Employers often seek and obtain dismissal from groundless discrimination lawsuits.  When steps taken to avoid trial are not successful, however, employers are required to explain their actions to a jury.  A recent U.S. Supreme Court decision has changed the burden that has been placed on employers to explain their actions in claims of age discrimination.

Read the entire article about the Age Discrimination and Employment Act.
Reminder - New Documentation Requirements for U.S. & Canadian Citizens for Travel Between U.S. & Canada by Land or Sea Effective July 1, 2009
Sarah Akber Jenifer M. Brown Christl P. Glier
Sarah Akber Jenifer Brown Christl Glier

Beginning July 1, 2009, all U.S. and Canadian citizens will be required to present a passport or other document denoting both identity and citizenship when entering the U.S. by land or sea under the U.S. government's Western Hemisphere Travel Initiative (WHTI).  Since January 2007, the WHTI requirements have already been implemented for travelers entering the U.S. by air.

Read the entire article about the new documentation requirements.
Work Comp Corner

Register to Attend the Indiana Workers' Comp Conference and Receive an Additional $100 Off the Current Price of the Event.

September 14-15, 2009
Indianapolis, Indiana
Sheraton Indianapolis Hotel and Suites at Keystone

An exclusive offer from Ice Miller LLP
Call (800) 942-4494 and mention priority code 8844SPE to register.

Please join Ice Miller attorneys at this year's Indiana Workers' Comp Conference in Indianapolis.  Learn valuable information that will help you minimize risks, handle complex claims, and maximize safety and prevention. Information is appropriate for both those new to the Indiana worker's compensation system and also for the seasoned professionals trying to improve their workers' comp program and save money.  Learn more about this event.

To take advantage of this special offer, you must call (800) 942-4494 and mention priority code 8844SPE.  This offer is not available for online registrations. You can also receive an additional $150 early-bird discount if you register by July 31, 2009.