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Ice Miller website
Ice Miller website
Ice Miller website
Headlines



Court Finds No Statute of Limitations for Provider Fees in Worker's Compensation Claims
The Indiana Court of Appeals reversed the dismissal of a medical group's application for adjustment of claim for provider fee, finding the Indiana Worker's Compensation Board erred by ruling the application was filed outside the statute of limitations. The appellate court addressed this issue in three separate rulings, including Indiana Spine Group PC v. Pilot Travel Centers LLC, No. 93A02-1003-EX-315.
(Source: The Indiana Lawyer, 2010-08-10) Read the full article
EEOC Cracks Down on Employer's Use of Background Checks
Companies using criminal records or bad credit reports to screen out job applicants might land afoul of anti-discrimination laws as the government steps up scrutiny of hiring policies that can hurt blacks and Hispanics. A blanket refusal to hire workers based on criminal records or credit problems can be illegal if it has a disparate impact on racial minorities, according to the Equal Employment Opportunity Commission.
(Source: MSNBC, 2010-08-12) Read the full article
Outsourcing Firms Angry Over Increase in Visa Fees
New U.S. legislation that sharply boosts visa fees to pay for tighter border security may play well in some parts of the country, but the applause is faint in Silicon Valley. The measure, signed into law by President Barack Obama, is expected to raise operating costs for outsourcing firms that use large numbers of foreign-born employees to serve their U.S. customers, but the biggest impact, critics say, is to increase the perception that America is becoming more protectionist and hostile toward foreigners.
(Source: MSN Money, 2010-08-16) Read the full article
Some Companies Find They've Overpaid Workers' Pension Plans
Some companies, amid internal audits of their pension plans, are discovering they have mistakenly overpaid retirees and are taking action to recoup the funds. There aren't any statistics regarding pension overpayments, but senior advocates say they have seen a spike of "recoupment" cases, which are now one of the most common pension problems some advocacy groups are handling.
(Source: The Wall Street Journal, 2010-08-13) Read the full article
SEC Divided Over When to Execute Claw-Back Actions on Bonuses
The U.S. Securities and Exchange Commission is divided over when to seize pay from executives who unwittingly benefit from accounting fraud, a rift that has triggered internal disagreements over cases, according to people with direct knowledge of the matter. As recently as May, the SEC's enforcement division was working toward a policy that would have limited so-called claw-back actions to times when the executive is implicated in the violations, according to people with direct knowledge of the matter.
(Source: Bloomberg, 2010-08-06) Read the full article
Gender Harassment Becoming More Problematic in Workplace
A new study finds that gender harassment in the workplace is just as distressing as sexual advances for women on the receiving end. Gender harassment is defined as verbal and nonverbal behaviors that convey insulting, hostile and degrading attitudes to women.
(Source: Psych Central, 2010-08-09) Read the full article
Jury Awards TV Reporter $1M in Age Discrimination Lawsuit
A Miami-Dade jury has awarded former WSVN-Fox 7 healthcare reporter Marilyn Mitzel nearly $1 million in compensation after finding the news station fired Mitzel because management thought she was too old to be on camera. The six person jury was out for just under two hours before coming back with a decision to pay Mitzel $937,000 -- $790,000 in lost wages, $97,000 in future pension losses and $50,000 in punitive damages against Sunbeam Television Corp., the station's owner.
(Source: The Palm Beach Post, 2010-08-15) Read the full article
Companies Take Steps to Help Workers Provide End-of-Life Care
Juggling a caregiving role with a full-time job is daunting, but it can be even more difficult working during the end stages of a loved one's life. Some companies are exploring end-of-life initiatives to help their employees manage the ultimate transition.
(Source: NPR, 2010-08-10) Read the full article
Research Shows More People Working from Home
More than 20 million people work from home at least one day a week, including the self-employed, said Kate Lister, principal researcher at Telework Research Network in San Diego, which compiles data using a variety of sources. The number of employees working remotely at least one day a month is up about 75 percent since 2005, Lister said.
(Source: Chicago Tribune (free reg. req'd.), 2010-08-16) Read the full article
Headlines
Yes Virginia, There are a Lot of Labor and Employment Laws
Paul C. Sweeney
Paul Sweeney

Businesses Must Comply With State and Federal Laws

Employers, consider yourselves on notice – state laws matter when it comes to required pay and benefits for your employees.  Many times, employers focus so much on complying with federal labor and employment laws, the Fair Labor Standards Act (FLSA) in particular, they forget they need to be cognizant of the state and local laws in the states they do business.  For example, many states provide employees more family, military and medical protected leave than the Family and Medical Leave Act, e.g., Indiana, Ohio, Minnesota, Wisconsin and California to name a few.  Many states also have more generous laws related to overtime.  The Seventh Circuit Court of Appeals recently reminded employers that just because you complied with federal law does not mean you can ignore state law.

Read the entire article about complying with state and federal laws.

Indiana Chamber Immigration Seminar

All Things Immigration: Audits, Reform and Denials
Presented by Ice Miller LLP

October 5, 2010

In a 2005 report published by the Congressional Research Service, U.S. immigration was described as "second only to the Internal Revenue Code in complexity" and that immigration "beats the tax code."  If you're confused by immigration policy and procedure, you're not alone.  This seminar can help you gain a better understanding of some of the mysteries behind immigration policy, as well as the specifics of immigration benefits.

What you will learn:

  • How to conduct an internal I-9 audit and identify the most common mistakes during I-9 employment verification;
  • What to know about a number of government audit initiations;
  • Pros and cons of Arizona's immigration efforts and what we can expect from Indiana Legislature and Congress as a result; and
  • Considerations in hiring foreign professionals - including confirming applicant's current immigration status, options for immediate work permission and considerations in sponsoring for permanent residence.

Learn more about attending this seminar.

Work Comp Corner

Indiana Workers' Comp Conference
Ice Miller Clients Could Receive Up to $300 Off the Registration

September 29-30, 2010

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

To take advantage of the $100 Ice Miller client discount, you must call (800) 942-4494 and mention priority code 8848SPE.  This offer is not available for online registrations.

If you register by August 20, you will receive an additional $200 off the registration fee.