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Ice Miller website
Ice Miller website
Ice Miller website
Headlines



Suits Challenge Fairness of Background Checks on Job Applicants
Many job applicants long have thought background checks are unfair, yet they are growing in popularity thanks to technology making it easier to dig up dirt. But there is a growing backlash against the practice, including at least two major two lawsuits, and there are changes afoot at the state and national level.
(Source: MSNBC, 2010-08-23) Read the full article
Employers Urged to Ban Use of Electronic Devices While Driving
Even if a state in which your organization operates has a law banning the use of electronic devices while driving, do not assume that your employees will abide by the law when driving company vehicles. Employers "cannot rely on state legislation alone to keep employees safe and protect their bottom line," says Jack Hanley, executive director of the Network of Employers for Traffic Safety (NETS), a partnership between the federal government and leading companies.
(Source: HR.BLR.com, 2010-08-24) Read the full article
More Companies Allow Workers to Nap at Work to Boost Productivity
With Americans averaging fewer than seven hours of sleep per night -- and around 20 percent suffering from sleepiness during the day, according to a recent Stanford University study -- many companies have turned to the humble nap in an attempt to stave off billions in lost productivity each year.
(Source: Bloomberg Businessweek, 2010-08-26) Read the full article
Moves to Give Employees Title Instead of Raise Could be Risky
As the weak economy drags on, some employers are tempted to give workers a new, more important sounding title if there's not enough money for pay raises. That gesture could have legal risks for the business.
(Source: The Orange County Register, 2010-08-27) Read the full article
Government Makes Hiring Foreign Employees Tougher
Companies had hoped comprehensive immigration reform would make it easier to hire foreigners. In the absence of action by Congress, though, the federal agencies in charge of approving employment visas are making them harder to get, according to immigration lawyers and advocacy groups.
(Source: Bloomberg Businessweek, 2010-08-26) Read the full article
Number of Workplace Deaths Dropped 17 Percent in 2009
The number of workers who died on the job fell 17 percent last year to the lowest level in nearly two decades, the Labor Department said. The 4,340 workplace fatalities recorded in 2009 was the smallest total since the Bureau of Labor Statistics first began tracking the data in 1992.
(Source: USA Today (free reg. req'd), 2010-08-19) Read the full article
Record Number of Disability Discrimination Claims Filed in 2009
More people with disabilities filed charges of discrimination against their employers last year than at any other time in the 20-year history of the Americans with Disabilities Act. Almost 21,500 ADA-related charges were filed with the Equal Employment Opportunity Commission in 2009.
(Source: USA Today (free reg. req'd), 2010-08-20) Read the full article
Consulting Firm to Pay $1M in Back Wages for Violating H1-B Rules
A consulting firm will pay nearly $1 million in back wages and interest to 135 temporary foreign employees who worked under a federal visa program, according to an agreement with the U.S. Department of Labor. The Labor Department said Smartsoft International, which admitted no wrongdoing, violated the rules of the H-1B program, which allows companies to hire foreign workers in specialty occupations for a maximum of six years.
(Source: Atlanta Journal-Constitution (free reg. req'd), 2010-08-18) Read the full article
Number of Employers Offering Auto 401(k) Enrollment Reaches 38%
You could be contributing to a retirement plan without even knowing it, as an increasing number of companies are offering "opt-out" 401(k) plans that encourage more workers to save. The percentage of employers that offer automatic 401(k) enrollment has increased dramatically to 38 percent, according to financial services company Charles Schwab.
(Source: CNNMoney.com, 2010-08-24) Read the full article
Headlines
To the NLRB: What the #%&*?
Michael H. Boldt
Michael Boldt

Profane Outburst Directed at Boss Deemed Protected Activity

May an employee not represented by a union be fired for complaining to the boss about pay and working conditions?  Not surprisingly the answer is "NO."

May an employee not represented by a union be fired for calling his boss a "F%&*ing Mother F%&*ing" and a "F%&*ing crook" and an "a—hole" while making his complaint?  According to a recent decision by the National Labor Relations Board (NLRB), the answer to this question is also "NO."

There are many lessons, some old, some new, to be learned from this August 16, 2010, NLRB decision.   Read more about this decision.

Indiana Workers' Comp Conference

Ice Miller Clients Receive $100 Off 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.

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 the 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

Worker's Compensation and FMLA

You are entitled to run FMLA leave concurrently with time off for worker's compensation. This is an excellent idea, so make sure it is in your written FMLA policy.

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