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Ice Miller website
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Headlines



Number of Wage and Hour Lawsuits in Workplace Increasing
Bank loan officers, phone company engineers, exotic dancers, delivery truck drivers, exterminators, janitors and drug store assistant managers are among tens of thousands of U.S. workers who filed class action lawsuits against their employers last year. They are part of a flood of wage and hour cases that reached record levels in 2010.
(Source: The (Cleveland) Plain Dealer, 2011-04-11) Read the full article
SEC Backs Executive Pay Rules, But Leaves Details to Exchanges
The five members of the Securities and Exchange Commission gave their preliminary endorsement to a proposal that would ostensibly require executive pay to be set by independent members of corporate boards. But the SEC proposed leaving details to another group of rulemakers, the stock exchanges.
(Source: The Washington Post (free reg. req'd), 2011-03-30) Read the full article
States Consider Limiting Use of Credit Reports for Job Candidates
Battle lines are being drawn in state capitals over whether workers should be judged by their creditworthiness. In 25 states, 49 proposed bills are being debated.
(Source: USA Today (free reg. req'd), 2011-04-08) Read the full article
In Wake of Court Ruling, Employers Face New FMLA Requirements
If you decide to deny an employee his or her old job upon returning from FMLA leave, a new court ruling highlights one thing you'd better be ready to do. A federal appeals court in San Francisco ruled that an employer has to prove it has a legitimate reason for not reinstating an employee to his/her former position following leave under the Family Medical Leave Act (FMLA).
(Source: HR Morning, 2011-04-06) Read the full article
Employers Urged to Consider Workplace Bullying Policies
"Status-blind harassment" -- more commonly known as workplace bullying -- is a growing concern to employers and their employment practices liability insurers. But while the costs of having bullies in the workplace are clear, appropriate steps to recognize and rein in the problem aren't always obvious.
(Source: National Underwriter, 2011-04-11) Read the full article
Congress Considers Options for H-1B Visa Program
Congress got two prescriptions for the controversial H-1B visa program in a public hearing on March 31. The H-1B program has long been at the center of debate about immigration and outsourcing policies in the U.S. The U.S. House of Representatives called the hearing to come to grips with the conflicts between high tech employers calling for more H-1B visas and groups such as IEEE-USA calling for tighter H-1B controls.
(Source: EE Times, 2011-03-31) Read the full article
More Companies Moving Toward Smaller Health Insurance Networks
Thousands of employers across the country are slashing expensive doctors and hospitals from their insurance rosters in a move to hold down rising healthcare costs -- a trend that is gaining favor with corporate bosses, if not the rank and file. The savings on insurance premiums -- nearly 25 percent in some cases -- are gained when companies switch their health plans to "narrow network" HMOs that offer fewer choices of medical providers.
(Source: Los Angeles Times (free reg. req'd), 2011-04-03) Read the full article
Indiana House OKs Bill Allowing Guns in Vehicles at Work
Last year, the Indiana General Assembly approved a bill that ensures workers can keep guns in their vehicles while parked on an employer's property. This year, the legislature has passed a measure that builds on that by prohibiting employers from asking their workers about any firearms they might be storing in their vehicles.
(Source: South Bend Tribune, 2011-04-06) Read the full article
CEOs Increasingly Reaping Rewards from Stock Options
Wall Street's gains are enabling top executives to strike gold as they exercise stock options for some of the biggest paydays since 2007. A USA TODAY analysis of corporate proxy filings found several with 2010 options hauls of at least $20 million.
(Source: USA Today (free reg. req'd), 2011-04-04) Read the full article
Indian Outsourcers Criticized for Abusing Visa Loopholes
Major outsourcing companies from India have been the biggest recipients of visas in recent years under a program intended to allow American companies to bring highly skilled foreign workers temporarily to the United States, an immigration scholar testified before a House of Representatives judiciary panel. Loopholes in the visa program have made it easy for the outsourcers "to bring in cheaper foreign workers, with ordinary skills, who directly substitute for, rather than complement, workers in America," the scholar, Ronil Hira, a professor at Rochester Institute of Technology who has studied the program, told the House Subcommittee on Immigration Policy and Enforcement.
(Source: The New York Times, 2011-03-31) Read the full article
TSA Fires Wiccan for Casting Spells, Being Whistle-Blower
Here's a situation for all you aspiring managers: If you were the boss at a U.S. government agency and one of your employees complained that she was afraid of a co-worker's religious practices, what would you do? Would it change your decision if the religion were Wicca, and the employee feared her co-worker because she thought she might cast a spell on her?
(Source: MSNBC, 2011-03-28) Read the full article
Headlines
A Reminder from the National
Labor Relations Board:
REVIEW YOUR HANDBOOKS!

Mike Boldt Manolis Boulukos

In previous articles in this space, we have suggested that employers should review their employment handbooks for rules and policies that may be found unlawful under the National Labor Relations Act (Act). On March 31, the National Labor Relations Board (Board) issued another such reminder to us all.

Read about the National Labor Relations Board policy.

Free Webinar: Outsourcing in Europe: What Employers Need to Know

Presented by the Employment Law Alliance (ELA)

Wednesday, April 20, 2011
12:00 - 1:30 p.m. U.S. EDT

This 90-minute labor law webinar, featuring ELA members from both the EU and India, will focus on the most important laws triggered by outsourcing and provide practical guidance on various issues.

Learn more about or register for this free employment law webinar.

Ice Miller is proud to be a member of the ELA. The ELA is a network of more than 3,000 employment and labor attorneys from 50 nations, helping clients deal with complex employment issues around the world. While the ELA is comprised of separate law firms, members have established strong relationships with their colleagues around the world – which means clients get a legal resource that is truly integrated.

Health Care Reform:
Still Alive in 2011

Join the Indiana Chamber and Ice Miller partners, Kevin Woodhouse and Chris Sears, for a review of how employers are dealing with health care reform and what to expect in the future.

When: April 21, 2011
Where: Indiana Chamber Conference Center

Registration
Ice Miller clients can attend at a discounted rate of $99. You can register by calling the Chamber at (800) 824-6885. Please mention that you are an Ice Miller client and use priority code 4236 to obtain the discount. Discount is not applicable via online registration.

View the agenda or register for the seminar.

The Changing Workforce: The 47th Annual Human Resource
Conference & Expo

Ann Stewart, Of Counsel at Ice Miller, will present on Worker's Compensation 101: Employer's Rights and Responsibilities Under the Act.

When: May 2, 2011 - May 4, 2011
Where: Indianapolis Marriott East

Investment:
Indiana Chamber Member: $199
Non-members: $249
Pre-conference Workshop - $99

View the agenda or register for the seminar.

Work Comp Corner

Medicare Secondary Payer Mandatory Reporting Provisions
Section 111 MMSEA

CMS UPDATE: April 8, 2011
Proposed Medicare Legislation – The SMART Act

On March 14, 2011 the Strengthening Medicare and Repaying Taxpayers Act of 2011 (SMART Act) (H.R. 1063) was introduced in the U.S. House of Representatives. This legislation targets specific components to the Medicare Secondary Payer (MSP) compliance related to Section 111 MMSEA conditional payments and other important aspects of MSP.

Read more about the SMART Act.