| HR HEADLINES |
Labor Leader Pushes
for Wal-Mart Bill
The Business Journal of Portland,
3/5/06
Tatoos
in Business? OK or Taboo
Reno Gazette-Journal, 3/5/06
Spirituality
Does Have Place in Workplace
Charlotte Observer, 3/5/06
Workplace
Success Often Tied to Social Intelligence
Union
Tribune, 3/5/06
Brokerage to
Pay Up to $42.5 Million in Overtime Case
Salt Lake City
Tribune,3/2/06
Where
Women’s Pay Trumps Men
CNNMoney.com, 3/2/06
Women
in the Workplace: Trend is Reversing
SF Gate, 3/2/06
When
to Speak Up
Baltimore Sun, 3/1/06
The
Hidden Cost of Outsourcing
CNNMoney.com, 3/1/06
Healthy Diet Seen
Boosting Productivity
MSNBC.com, 2/28/06
Workers
Offered 401(k)s - Slowly
USA Today, 2/27/06
Walmart
CEO to Governors: Help Make Health Care Better
USA
Today, 2/27/06
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The numbers consistently
to show that women in the workplace make less than
men and the reasons for the disparity continue to
draw controversy. Is it discrimination or are
there fundamental underlying factors that account
for women earning an ‘average’ of 24% less than
their male counterparts? MORE
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| On February 21, 2006 the
US Supreme Court in Buckeye
Check Cashing, Inc. v. Cardegna reaffirmed
prior decisions that the provisions of the Federal
Arbitration Act (FAA) govern the law applicable to
arbitration agreements. Challenges to the legality
of contracts containing arbitration clauses must
be heard by the arbitrator unless the arbitration
clause itself is challenged. The arbitration
provisions of a contract are severable under the
FAA from the remaining contract conditions and
this principal applies in state as well as federal
courts. This is a strong statement that permits
the enforceability of the arbitration provision
even if the contract as a whole is invalid under
state or federal law. |
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| The mood of Congress is
changing and it looks like there will finally be
an effective means for employers to assure that
they are hiring legal immigrants. A bill has
passed the House that would require all employers
to use a national electronic verification system
and also calls for the study of tamper-proof
Social Security cards. A similar bill has also
been introduced to the Senate. Both conservative
and liberal leaders have signed-on to this new
direction so there is a good chance we will see a
legislative solution. |
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| During the 2005
legislative session, major changes were made to
the Illinois Workers' Compensation laws. The
Illinois Chamber Employment Law Council was an
active participant in the legislative process and
served as the leading voice for employer
viewpoints and concerns. The changes made in 2005
include 1) a greater focus on benefits for
seriously injured workers and 2) the establishment
of utilization review for medical services. The
Employment Law Council of the Illinois Chamber is
offering two (2) seminars
to assist employers in understanding the impact of
these changes. The first of these
important seminars will be held on May 5, 2006 in
Willowbrook and a second seminar for the
Metro-East area on May 16, 2006 in Collinsville.
Click
here to register. |
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| In the complex of
potential cases an employer must guard against the
defamation claim is frequently the hardest to
defend. This means that special care should be
taken in the language used to describe an
employee’s conduct and reasons for adverse
employment actions. In the recent case of
Barbish v. American Property Management
Corp. the employer was successful in defending
charges of age discrimination, violation of wage
laws and intentional infliction of emotional
distress that resulted from the termination of
employee Barbish. However, a manager of the
company referred to Barbish as a ‘thief’ for
accepting unauthorized car allowance payments.
This added the charge of defamation to the case
and the jury awarded damages to the plaintiff for
this. Employers should always make a careful
determination of whether it is advisable to
communicate the reasons for employment actions. If
it is necessary, the wording and means of
communication should be carefully considered to
avoid the possibility of damaging interpretations
that could lead to defamation charges.
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Sexual
Orientation Prohibitions in Illinois Take
Effect
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| Reminder: Months have
gone by since the amendments to the Illinois Human
Rights Act prohibiting discrimination in the
workplace based upon sexual orientation were
passed and signed into law in Illinois. The new
provisions took effect January 1, 2006. Employers
with 15 or more employees now are barred from
discrimination based on race, color, religion,
sex, national origin, citizenship status, age,
martial status, military service or unfavorable
discharge, and sexual orientation.
All employers regardless of size are liable for
sexual harassment or discriminatory acts based on
handicap. The new Illinois protection extends to
those with gender identity problems such as
transsexuals and possibly even transvestites.
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| Employers are generally
subject to the terms of Title VII if they have at
least 15 employees. A federal district court jury
found that an employer violated the mandates of
Title VII by permitting the sexual harassment of
an employee. The defendant’s attorneys then moved
for a dismissal based upon the fact that the
employer had less than the 15 employees required
for Title VII protection at the time of the
incident and was thus not subject to a case
brought in federal court. The US Supreme court has
unanimously disagreed noting that the issue of
jurisdiction is not subject to the 15 employee
requirement of Title VII. In these cases the
defense should seek dismissal of charges in
pre-trial motions. The 15-employee threshold
relates to the sufficiency of the claim rather
than court jurisdiction. |
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| A federal jury ruled in
favor of an employment discrimination suit filed
by the EEOC charging FEDEX with failing to make a
reasonable accommodation for a profoundly deaf
employee under the requirements of the Americans
with Disabilities Act of 1990 (ADA). The employee
had requested reasonable accommodation in the form
of American Sign Language interpreters which the
employer failed to provide. The jury awarded
damages totaling $108,000. |
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Participate
in Compensation Survey Now and Save Over $400 on
Results
|
| In 2005, more than 92
percent of Illinois employers reported they were
actively recruiting personnel. Attracting and
retaining a quality workforce is crucial to the
success of every business. The Chamber recognizes
the need for reliable compensation information and
offers a resource to help employers get an
accurate assessment of their market. The
Compensation Data - Illinois pay and
benefits survey is designed to provide a
comprehensive picture of compensation practices
for businesses of all sizes across the state.
Information is collected on 532 job titles ranging
from entry-level positions to top executives. Pay
information is reported by company size, industry,
and region of the state, and multiple state data
is given for all management and key professional
positions. With complete coverage of benefits and
pay practices also included, employers can see how
their compensation programs measure up to the
competition. Data collection begins in the spring,
and results are released in June. The price for
Chamber members who participate in the survey is
only $299. The price for non-member
participants is $319, and non-participants pay
$729. For further information, or to find out
what Compensation Data can do for your business,
contact Compdata Surveys at 1-800-300-9570 or
visit www.compdatasurveys.com.
Be sure to mention your member status, or enter
promo code ILCC when using the web
site. |
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| The Illinois Chamber is
hosting a special conference at the Drake Hotel in
Chicago on April 4, 2006 for business leaders to
share solutions that address the increasing cost
of healthcare. The conference presenting sponsor
is CIGNA HealthCare and Newt Gingrich will
deliver the keynote address as well as participate
in a panel discussion and reception following the
conference. The appearance of former US House
Speaker is sponsored by Accenture. Register
now! |
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| Dwight Houchins,
president and CEO of the GLMV Chamber, wants to
remind us that their chamber provides FREE Video
Tele Conferencing to all families who have
soldiers serving in three cities in Iraq:
Fallujah, Taji, Al Asad. All they need to do is
contact the GLMV at (847) 680-0750 X7# or go to
their website at glmvchamber.org
and click the Operation Connect button.
Pass this information on to your employees. Many
thanks for this wonderful service supporting our
troops! |
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 For the latest HR
news and analysis, CLICK
HERE or on the "HR Library" link above.
The site is updated daily to keep you informed on
the latest developments and how they might impact
your bottom line.
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Current
HR Economic
Indicators
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| Check out some of our business
service programs and see how your membership
pays with the Illinois Chamber. Another new
program has been added to our growing list of
business services:
Learn more about these
programs and how it benefits your company to Join
the Leaders! And use the Chamber
website to stay current on the issues and
opportunities facing the business community
today. |
| |
 The Chamber urges
all Illinois employers to recognize their Guard
and Reserve employees by signing and displaying
the ESGR Statement of Support. To get yours,
simply complete their online form and you will
receive a personalized certificate that
demonstrates your support. Also visit the SBA
Veteran's Business Development web site for
assistance to small business owners that have
employees activated in the Guard or Reserves.
Click MORE
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