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Headlines



Judiciary Committee to Focus on Bill Requiring e-Verify System
House Judiciary Committee Chairman Lamar Smith (R-Texas) said his committee plans to tackle bills after the recess that would require all employers to electronically verify that their new hires are eligible to work in the United States. H.R. 2164 is a bill that requires all U.S. employers to verify the legal status of new hires using the Department of Homeland Security's e-Verify system.
(Source: The Hill, 2011-08-18) Read the full article
Increasing Number of Retaliation Claims Has Companies Worried
As if companies weren't facing enough risks these days, there’s a new one to add to the list: retaliation claims. Over the last 10 years, employee retaliation charges have skyrocketed; charges filed with the Equal Employment Opportunity Commission (EEOC) increased nearly 70 percent from 2000 to 2010, from 21,600 to just over 36,000.
(Source: CFO.com, 2011-08-18) Read the full article
AFL-CIO Seeks to Form "Super Labor PAC" to Boost Influence
The AFL-CIO hopes to boost its clout by launching a political action committee that could raise unlimited amounts of money, part of the federation's goal of building a year-round political organizing structure. Forming a "super labor PAC" would allow the federation to raise money from sympathetic donors both inside and outside union membership and mobilize support beyond its traditional base, instead of ramping up political activities each election cycle.
(Source: boston.com, 2011-08-23) Read the full article
Departing NLRB Chairwoman Calls Criticism Disproportionate
Rarely has a federal agency been attacked with as much vitriol as the National Labor Relations Board now faces. But Wilma B. Liebman, who constantly defended the board in her position as its chairwoman -- a post she just gave up when her term expired -- insisted that the agency was misunderstood.
(Source: The New York Times, 2011-08-29) Read the full article
Judge Orders EEOC to Pay Cintas Over $2.6M for Prolonging Case
A federal judge has ordered the U.S. Equal Employment Opportunity Commission to pay an Ohio company more than $2.6 million in legal fees and costs -- one of the largest awards ever against the agency -- for needlessly prolonging an 11-year-old job discrimination case. U.S. District Judge Sean Cox said the EEOC "engaged in a reckless sue first, ask questions later strategy" against Cincinnati-based Cintas, a uniform supplier, contrary to federal law.
(Source: Detroit Free Press, 2011-08-20) Read the full article
Simpler Visa Policies Urged to Create Opportunities for Startups
As the economy continues to sputter, many policymakers are looking to entrepreneurs to create new jobs, and many foreign-born, highly skilled entrepreneurs want to come to the United States and stay here, but immigration laws and policies haven't made that easy. In an effort to change that, the White House recently announced more flexible policies for granting visas, but many innovation experts say the changes aren't enough.
(Source: NPR, 2011-08-23) Read the full article
Small Businesses Urged to Consider Employment Law Issues
Employment law can be a murky issue for small business owners, many of whom can't afford an attorney to consult them on the specifics. But it is crucial for small companies to be compliant with such regulations to avoid lawsuits and audits.
(Source: Fox Business, 2011-08-25) Read the full article
Survey Finds Almost Half of Employers Rethinking Health Plans
Nearly half of employers are planning to rethink their long-term health care strategy next year, according to a recent Towers Watson survey. The findings also suggest that many employers are skeptical about how the health insurance Exchanges under the Affordable Care Act (ACA) will impact organizations.
(Source: Compensation.BLR.com, 2011-08-25) Read the full article
Changes to Multi-Employer Retirement Plans Will Affect Companies
In a surprise development, Department of Labor representatives recently noted to a group of retirement-plan practitioners that a multiple-employer plan (MEP) may not satisfy the requirements of the Employee Retirement Income Security Act (ERISA) if there is not a sufficient "connection" between the plan sponsor and the participating employers. If these comments crystallize into DoL policy, they represent a troubling development for MEP sponsors and participating employers, since MEPs are viewed by employers as a cost-effective way to outsource ERISA fiduciary responsibilities.
(Source: CFO.com, 2011-08-18) Read the full article
Many Employees Report Being Bullied in Workplace
Many adults shake their heads in dismay over bullying that targets children and teenagers online and in school; they even push for lawmakers and schools to do more to stop the harassment. But many are afraid to admit another dirty little secret: Bullying is just as big a problem for the adults in the workplace.
(Source: USA Today (free reg. req'd), 2011-08-24) Read the full article
Happy with Part-Time Work, Fewer Seek Full-Time Prospects
Unemployment remains a huge concern, but the underemployment problem isn't as bad as it used to be. Fewer part-time workers are looking for full-time work -- because they don't mind working part-time after all.
(Source: CNNMoney.com, 2011-08-29) Read the full article
Headlines
NLRB Mandates Posting Notice of Employee Rights

In a final rule released on August 25, 2011, all employers covered by the National Labor Relations Act (NLRA), which includes most private sector employers, must post a notice informing employees of their rights under the NLRA. The posting requirement is effective on November 14, 2011. The requirement covers both union and non-union employers.

Read more about the Notification of Employee Rights under the National Labor Relations Act.

Ice Miller LLP and Schottenstein Zox and Dunn Co., LPA Combine

Creating a Regional Firm with 6 Offices and 314 Lawyers

Ice Miller LLP and Schottenstein Zox and Dunn Co., LPA are very pleased to announce that the firms will combine and operate as Ice Miller LLP effective January 1, 2012. As a valued friend of the firm, we are excited to share this news with you.

SZD is one of the largest Columbus, Ohio-based law firms, serving clients from its offices in Columbus and Cleveland, Ohio. SZD is known for handling complex business transactions and high-stakes commercial litigation and serves the legal needs of many governmental entities throughout Ohio.

View the full press release.

Immigration Update: Hiring Foreign Nationals and Indiana’s New Immigration Law

Presented by Ice Miller LLP and the
Indiana Chamber of Commerce

When: October 4, 2011
Time: 9:00 a.m. to 12:00 p.m. EDT
Where: Indiana Chamber Conference Center

Immigration Update!

Immigration law is subject to frequent change and debate. Some of the topics addressed at this half-day seminar include:

  • Hiring and retention of H-1B and other non-immigrant workers
  • New changes affecting temporary workers and green card sponsorship
  • Proper completion of the form I-9
  • Successfully conducting an internal audit and preparing for a government audit
  • Pros and cons of the federal E-verify employment verification
  • Mandatory and voluntary use of E-Verify
  • Current status of the Indiana illegal immigration statute
  • Learn what these developments mean for Hoosier employers! Attorneys Jenifer Brown and Tami Earnhart from Ice Miller LLP will lead this seminar. To view the agenda, click here.

    Investment

    Ice Miller clients can attend at a discounted rate of $149.00. To obtain the special client discount you must register by calling Sarah at the Chamber (800) 824-6885. Please mention that you are an Ice Miller client and priority code #4236.

    Health Care Reform: An Update Status of the Debate and Compliance Efforts
    Chris Sears
    Kevin Woodhouse
    Chris Sears
    Kevin Woodhouse

    Presented by Ice Miller LLP and the Indiana Chamber of Commerce

    When: October 11, 2011
    Time: 9:00 a.m. to 12:15 p.m. EDT
    Where: Indiana Chamber Conference Center

    One year later, there are still more questions than answers. But health care reform -- courtesy of the Patient Protection and Affordable Care Act -- is a reality. And you need to know what you should be doing now. Subjects to be addressed at this half-day seminar include:

    • status of repeal efforts and court challenges;
    • lessons learned from early implementation and "mythbusters;" and
    • new regulations and other guidance impacting employers including establishment of exchanges and employer and individual penalties.

    Ice Miller attorneys Chris Sears and Kevin Woodhouse will lead this seminar. View the agenda.

    Investment

    Ice Miller clients can attend at a discounted rate of $99.00. To obtain the special client discount, you must register by calling Sarah at the Chamber at (800) 824-6885. Please mention that you are an Ice Miller client and priority code #4236.

    Work Comp Corner

    Put Down the PDA – It's Good for You and It's the Law

    The fact is, though, these tiny devices can cause ergonomic problems. Constant flexing and rotating the thumb joint can lead to stress, pain, and injury. Overuse of the devices can cause eye strain, and walking while texting can cause falls and collisions. Ergonomic experts suggest limiting the time you spend on the PDA, take regular breaks, keep text messages short, switching hands, and resting your eyes. Also, keep your wrists straight while you manipulate those tiny buttons. If you flex your wrist or have it bent in any particular direction, it increases the stress and strain on your joints and tendons. And, of course, avoid using these devices while driving. Indiana's ban on texting while driving in now in effect. Indiana is the 32nd state to pass a law banning texting behind the wheel, which became effective July 1, 2011. Text messaging while a vehicle is in motion could result in $500 fines. Drivers under age 18 may not use cell phones, text messaging or other wireless devices. Learn more about the new law and similar proposed prohibitions. If you have specific questions about this or other workers compensation matters, please contact Ann Stewart or Karen Dutcher.