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Informed Employer: Ice Miller Offers In-Depth Webinars on Same-Sex Marriage Decision and FLSA Propos Informed Employer: Ice Miller Offers In-Depth Webinars on Same-Sex Marriage Decision and FLSA Propos

Informed Employer: Ice Miller Offers In-Depth Webinars on Same-Sex Marriage Decision and FLSA Proposed Regulations

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Both Business, Politics Embracing Paid Leave for Workers
A pet Democratic cause that has long seemed hopelessly far-fetched, paid leave suddenly seems like a possibility. With pay for most workers still growing sluggishly -- as it has been for most of the last 15 years -- political leaders are searching for policies that can lift middle-class living standards, while companies, for their part, are becoming more aggressive in trying to retain workers as the unemployment rate has fallen below 6 percent.
(Source: The New York Times, 2015-06-22) Read the full article
EEOC Weighs Reforms on Wearables for Workplace Wellness Programs
Federal regulators are weighing reforms to widespread workplace wellness programs that could affect how personal data from consumer-grade fitness bands and smartwatches is kept confidential. The U.S. Equal Employment Opportunity Commission issued a proposed rule that would amend regulations in Title 1 of the Americans with Disabilities Act (ADA) of 1990 as it relates to employer wellness programs used by as many as 580,000 U.S. companies.
(Source: Computerworld, 2015-06-19) Read the full article
Supreme Court's Gay Marriage Ruling to Streamline Benefits Burden
The U.S. Supreme Court’s decision overturning same-sex marriage bans in the four remaining states that had them will ease the administrative burden on benefits managers at companies that offer insurance coverage to spouses and partners. While states-rights advocates like Supreme Court Justice Antonin Scalia have railed against the same-sex and premium subsidy rulings by the court, for human resources managers, such rulings offer a sense of consistency and stability, according to consulting firm Aon Hewitt.
(Source: BenefitsPro, 2015-06-26) Read the full article
Uber Independent Contractor Ruling Could Impact Other Firms
A recent decision from the California Labor Commissioner's Office ruled that a former Uber driver was an employee of the company, not an independent contractor as the firm has labeled its chauffeurs. This has begun a process that has a good chance of ending in a legal precedent that could affect all Uber drivers in California and the broader sharing economy, says David Rosenfeld, a union counsel at the law firm of Weinberg, Roger and Rosenfeld.
(Source: U.S. News & World Report, 2015-06-18) Read the full article
DOL Investigating Potential H-1B Visa Program Violations
The U.S. Labor Department is investigating potential abuse of the H-1B visa program by two Indian outsourcing companies after urging from Sen. Jeff Sessions, R-Ala. In an interview with, Sessions said a Southern California utility used 400 workers contracted by the two companies to replace American workers, who trained the H1-B holders and were then fired.
(Source: Mobile Register, 2015-06-18) Read the full article
One-Third of Companies Plan to Change Executive Comp Disclosure
According to a survey by professional services firm Towers Watson, close to one third of American public companies anticipate significantly changing their approach to disclosure of executive compensation due to the SEC's proposed pay-for-performance disclosure rules. Moreover, the survey also found that most firms are likely to offer shareholders additional information beyond what the proposed rules will require.
(Source: Value Walk, 2015-06-19) Read the full article
Employers Face Risks Over Employee Benefit Plan Audits
Up until recently, employee benefit plan audits were a routine matter for CFOs -- something you had to have done each year to comply with the Employee Retirement Income Security Act, but nothing to worry about. Well, not anymore. With the quality of those audits reportedly on a decade-long decline, faulty audits of employer-sponsored retirement and health-care benefit plans represent "one of the biggest risks to CFOs and companies that is not mentioned out there," says Adam S. Lilling, a partner of Lilling & Company, a firm that specializes in auditing employee benefit plans.
(Source:, 2015-06-25) Read the full article
OSHA Cracking Down on Hospitals to Prevent Nurses' Injuries
The Occupational Health and Safety Administration (OSHA) has announced a new initiative to drastically increase scrutiny of injuries among hospital nursing staff. OSHA announced plans to step up regulation of occupational risks in health care settings in the wake of an April report that found a sharp uptick in healthcare workplace injuries.
(Source: Fierce Healthcare, 2015-06-25) Read the full article
Ice Miller Offers In-Depth Webinars on Same-Sex Marriage Decision and FLSA Proposed Regulations

With the recent U.S. Supreme Court ruling on same-sex marriage and the issuance of FLSA proposed regulations, Ice Miller is offering two In-Depth Coverage webinars next week to provide participants with detailed insight. Register here.

Read more on these developments in our alerts. The same-sex marriage e-alert is available here, and the proposed FLSA regulations e-alert is available here.


Long-Awaited Changes to Indiana Wage Payment and Deduction Laws Go into Effect
Tami Earnhart

Emmanuel Boulukos

On July 1, 2015, several long-awaited changes to the Indiana Wage Payment and Wage Assignment statutes go into effect. The amendments were made without significant fanfare, but provide some much needed changes for employers with operations or employees in Indiana.

First, the penalties that can be assessed under the Indiana Wage Payment Statute have been amended. Prior to July 1, 2015, employers who failed to pay any portion of an employee's wages on the date they were due were subject to automatic liquidated damages in the amount of 10 percent of the unpaid wages per day they were past due, up to double the amount of the wages owed – regardless of the reason that the wages were not paid. Now, a court will award liquidated damages in an amount of double the actual wages owed only if the court finds that the employer was not acting in "good faith." While good faith is not defined in the statute, this change should allow employers who made an honest mistake to correct their error without being subject to double damages automatically.

Second, some changes and additions were made to the categories of permissible deductions from wages (or "wage assignments") under Indiana law.

To read more, click here.


OSHA Urges Caution With Work in Hot Weather

As summer approaches, the Occupational Safety and Health Administration (OSHA) reminds us to be aware of workplace heat risks. OSHA Chief David Michaels said in a June 10 media conference that the agency’s heat illness prevention advice still focuses on three words: “Water. Rest. Shade.” Michaels noted that workers in outdoor jobs face the highest seasonal heat risks, especially young men. “They are the ones who think they are immortal,” he said.

To read more, click here.


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