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| Some 46 million U.S. workers
lack paid sick days, but lawmakers in 12 states -- including California, Connecticut, Minnesota and
West Virginia -- have proposed legislation in the past year that would require businesses to provide
them. The federal Bureau of Labor Statistics estimates that 43 percent of the private industry labor
force worked in 2007 without paid sick time, a group primarily made up of low-paid employees at
small businesses. |
| (Source: Buffalo News, 2008-08-21) |
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| Religion in the workplace has
become much more diverse, and trying to accommodate everyone's beliefs -- and rights not to believe
-- has become much trickier for employers. In late July the EEOC issued new guidelines on how to
accommodate religious diversity in the workplace. These are not new laws, but rather a summary and
explanation of all the different positions in one document. |
| (Source: Washington Business Journal,
2008-08-22) |
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| Alabama has given its 37,527
employees a year to start getting fit -- or they’ll pay $25 a month for insurance that
otherwise is free. Alabama will be the first state to charge overweight state workers who don't work
on slimming down, while a handful of other states reward employees who adopt healthy behaviors. |
| (Source: Atlanta Journal-Constitution (free reg. req'd), 2008-08-22) |
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| In recent months, interest in
flextime has been growing quickly. Employers who want to cut costs, show environmental sensitivity
and attract young workers who seek flexible schedules are brushing aside some critics' productivity
concerns to embrace the new proposals. |
| (Source: The Washington Post (free reg. req'd),
2008-08-23) |
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| It can be difficult to
determine who is an independent contractor and who isn't, but making the wrong call is riskier than
ever. At least eight states, including New York, New Jersey, Florida, and Kansas, have cracked down
on companies that misclassify their employees. |
| (Source: Inc., 2008-08-26) |
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| With real incomes declining,
the U.S. unemployment rate at a four-year high, and inflation running at its fastest clip in 17
years, managers across the country are running up against a pressing challenge -- how to stoke
workplace morale while addressing their organization's own economic needs. Many managers are shying
away from the conundrum, research suggests, but some are tackling it head-on. And the methods vary
as widely as the types of leaders and organizations that employ them. |
| (Source: Christian Science Monitor,
2008-08-22) |
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| In a ruling that appears to
have something for everyone, a U.S. appeals court in Pasadena decided that Southern California Gas
Co. did not discriminate against older employees when it converted its traditional pension to a
cash-balance plan 10 years ago. But, the court said, the company owed its workers fair warning so
that they could save more -- or find another employer. |
| (Source: Los Angeles Times (free reg. req'd),
2008-08-21) |
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| The number of workers killed
on the job annually dropped to a historic low in 2007, the Bureau of Labor Statistics announced. The
number of worker deaths dropped to 5,488 last year -- the fewest since the Bureau of Labor
Statistics began keeping track in 1992. That's down six percent from the 5,840 deaths reported in
2006. |
| (Source: USA Today (free reg. req'd),
2008-08-20) |
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| A U.S. Court of Appeals sided
with corporations when it rejected an Internal Revenue Service interpretation of pension plan rules.
At issue was whether pension plans that use so-called cash balance formulas violate provisions of
the federal Employee Retirement Income Security Act and California state employment law. |
| (Source: CFO.com, 2008-08-21) |
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| In another large-scale
workplace immigration crackdown, federal officials raided a factory in Mississippi, detaining at
least 350 workers they said were in the country illegally. Numerous agents from Immigration and
Customs Enforcement descended on a factory belonging to Howard Industries Inc., which manufactures
electrical transformers, among other products. |
| (Source: The New York Times (free reg. req'd),
2008-08-25) |
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.jpg) |
| Ryan
Metzing |
In a previous edition of the Informed Employer, we discussed the uncertainty surrounding the release
of FMLA claims in severance agreements. In particular, we highlighted a decision from the United
States Court of Appeals for the Fourth Circuit which held that releases of present claims for past
violations of the FMLA are invalid, absent the approval of the United States Department of Labor or
a court. The uncertainty on this issue for employers in other jurisdictions has made the issue
of obtaining viable FMLA releases tentative at best. For some employers in the Seventh
Circuit, however, the task of entering into a lawful FMLA release just received - at least for the
time being - a green light.
Read the entire article on FMLA
releases.
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Workers' comp professionals all over
Indiana are gathering in Indianapolis on September 8 - 9, 2008, to acquire critical legal and
regulatory updates, as well as information on resolving complex contested claims, safety and
wellness programs, return-to-work programs, preventing fraud, and so much more!
Join the other claims professionals, risk managers, EHS, safety, wellness, insurance, legal,
medical, and workers' comp leaders at the Second Annual Indiana Workers' Comp Conference and gain
control of your workers' comp!
Register and learn more about the Indiana Workers' Comp Conference.
An exclusive offer from Ice Miller - Register to attend the Council's Indiana
Workers' Comp Conference and receive an additional $100 off the current price of the event. Call
1-800-942-4494 and mention priority code 8832SPE to register.
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