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Headlines



Technology Creates New Forms of Sexual Harassment in Workplace
New forms of sexual harassment in the workplace are developing as greater numbers of employees use text messages and e-mail to communicate with co-workers.
(Source: Miami Herald (free reg. req'd), 2009-08-25) Read the full article
Immigration Department Cracks Down on Illegal Hiring
A senior U.S. immigration official said that his agency will intensify a crackdown on employers of workers in the country illegally as part of the Obama administration's new immigration strategy. John Morton, the new chief of U.S. Immigration & Customs Enforcement, a unit of the Department of Homeland Security, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators.
(Source: The Wall Street Journal, 2009-08-18) Read the full article
More Companies Step Up Efforts to Check Employee Documents
Faced with what has been called an "enforcement tsunami," more companies are running legal checks on their hiring practices and documentation of employees. The chief concerns: training human resources personnel and hiring managers to spot problems on documents and how to conduct thorough reviews of job applicants' documents to comply with federal regulations without exposing them to potential discrimination lawsuits.
(Source: Atlanta Journal-Constitution (free reg. req'd), 2009-08-23) Read the full article
Businesses Encouraged to Prepare for Swine Flu Outbreak
As businesses struggle because of the recession, federal officials are concerned that another swine flu outbreak could further devastate the economy. The Commerce, Homeland Security and Health and Human Services departments issued guidelines Aug. 19 to the business community to help avoid a flu outbreak in the workplace.
(Source: Las Vegas Sun, 2009-08-28) Read the full article
DHS Issues New Rules for Laptop Searches Along Border
The Department of Homeland Security released new directives covering border searches of electronic devices and media, but the government's rules leave open the question of whether individuals can be compelled to provide passwords and encryption keys. DHS Secretary Janet Napolitano in a statement characterized the rules as an attempt to balance the investigatory requirements for fighting crime and terrorism with privacy and civil liberties.
(Source: Information Week, 2009-08-28) Read the full article
EEOC Sues UPS Under ADA for Limiting Workers' Medical Leave
United Parcel Service Inc., the world's largest package-delivery company, violates federal law by limiting workers' medical leave, the U.S. Equal Employment Opportunity Commission said in a lawsuit. UPS since at least 2002 has had an inflexible 12-month leave policy, which doesn't provide for reasonable accommodation of employees with certain disabilities, the government said in federal court in Chicago.
(Source: Bloomberg, 2009-08-28) Read the full article
Some Job Seekers Find Name Can be Hindrance in Hiring Process
For job hunters, that very first line on your résumé can influence potential employers, although considering someone's name as part of the decision-making process is not only wrong but illegal, says San Diego State University Human Resources Professor Christine Probett. But that doesn't mean it's not happening.
(Source: CNNMoney.com, 2009-08-27) Read the full article
IRS Could be Forced to Cut 401(k) Maximums to $16,000
The IRS will announce 2010 contribution limits for 401(k) plans in October, based on a formula tied to the inflation rate in the third quarter vs. the year-ago quarter. Unless inflation picks up in August and September, the IRS could be forced to reduce the cutoff to $16,000 in 2010, according to an analysis by Mercer, a human resources consultant.
(Source: USA Today (free reg. req'd), 2009-08-26) Read the full article
Rise in Facebook Use Raises Questions on Friending Co-Workers
A couple of new surveys illustrate how the rise of social networks like Facebook are affecting the way we relate to co-workers or job candidates. To friend a co-worker or not shouldn't be a question if you learn how to use Facebook's privacy settings, said Jackie Kim, manager of temporary services agency OfficeTeam's San Francisco branch.
(Source: Seattle Post-Intelligencer, 2009-08-24) Read the full article
Employers Encourage Workers' Spouses to Join Wellness Programs
Nearly half of U.S. employers include spouses in wellness programs, up from roughly 10 percent five years ago, estimates Helen Darling, head of the National Business Group on Health, which represents 280 employers.
(Source: The Wall Street Journal, 2009-08-31) Read the full article
Headlines
H-1B Employers Beware – USCIS Launches Site Visits to Investigate H-1B Workers


Jenifer Brown Christl Glier

Similar to other immigration-related audits and raids, U.S. Citizenship and Immigration Services (USCIS) recently began a new anti-fraud initiative to investigate and seek out potential abuses of the H-1B temporary worker program.  The H-1B visa category is limited to highly-skilled, specialty occupation workers who hold a minimum of baccalaureate level education. Under this new anti-fraud initiative, USCIS has hired private contractors to conduct approximately 25,000 random site visits of H-1B employers across the country.  The purpose of these visits is to confirm the legitimacy of the employing entity, that the H-1B employee is actually working for the employer and that the terms and conditions of the employment are as described in the H-1B visa petition and related documentation submitted to USCIS and the U.S. Department of Labor.

Read the entire article regarding site visits to investigate H-1B workers.

Reminder: The Real Deal: Mandatory E-Verify for Covered Federal Contractors Becomes Effective September 8, 2009

After several extensions, the final rule mandating use of the Department of Homeland Security's (DHS) E-Verify system for certain qualifying federal contractors and subcontractors is set to go into effect on September 8, 2009.  Under the final rule employers with covered federal contracts commenced or modified on or after September 8, 2009, that include the Federal Acquisition Regulation (FAR) E-Verify clause, will be required to participate in the E-Verify program.  Employers with federal contracts should determine whether they are covered and prepare for the implementation of E-Verify to ensure adherence to the various deadlines in the regulations.

Read the entire article on E-Verify.

Work Comp Corner

The Board is Cracking Down on Delay!

When you are relying on a medical report for a permanent partial impairment rating (PPI), or to terminate temporary total disability on a Form 38911 because the employee has reached maximum medical improvement, a copy of that report must be attached to the PPI agreement or to the Form 38911.  The documentation must be sent to the employee as well as the Worker's Compensation Board of Indiana.  For more information you can contact Ice Miller or check out the Board's Web site.

If you have questions about workers' comp, please contact Ann Stewart.

Indiana Workers' Comp Conference

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

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

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 the $100 discount, you must call (800) 942-4494 and mention priority code 8844SPE.  This offer is not available for online registrations.