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CCH Human Resource Management NetNews™

February 22, 2010
 

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Featured this week:

 

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Featured this week:

DOL issues final H-2A temporary agricultural worker program rule, reverses Bush-era changes

In a move closely watched by the agricultural industry labor and immigrant rights groups, the Department of Labor (DOL) has released a final rule in the February 12, 2010, Federal Register reversing changes made by the Bush administration to the labor certification process and enforcement mechanisms governing the H-2A temporary agricultural worker program. The major change included in the DOL's final rule is the switch from the attestation-based system created by the Bush administration's final rule back to the Adverse Effect Wage Rate, which is the minimum wage rate that must be offered and paid to H-2A agricultural workers. The rule takes effect March 15, 2010.

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Internet use poses litigation risk for employers, provides litigation tool for attorneys

When employees use Internet websites, employers face potential liability both for their employees' behavior and statements, and from monitoring their employees' behavior and statements, advised Katheleen Ehrhart, partner at Kirkland & Ellis LLP in Chicago. "And this is just the tip of the iceberg in terms of what our clients might be coming to see us about," she observed. Problems arise when employers are inconsistent, for example, disciplining one person for posting inappropriate material, while not disciplining another worker for the same infraction, noted Plaintiffs' lawyer Suzanne E. Bish of Stowell & Friedman in Chicago. She also discussed the many uses of the Internet as a litigation tool. Ehrhart and Bish presented a discussion entitled, Policing the Workforce and Litigating Employment Cases in the High Tech Era of Social Networking, Blogging, and Texting, to members of Chicago Bar Association's (CBA) Labor and Employment Law Committee on February 8, 2010.

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Employers are using strategic workforce planning to help manage HR issues as economic recovery progresses

As the recovery progresses, employers will shift their focus from cutting labor costs back to preserving talent and investing in key segments of their workforce—issues at the very heart of strategic workforce planning (SWP), The Conference Board reports. SWP is the formal process that connects business strategy to human resource strategy and practices, and ensures that a company has the right people in the right place, at the right time, and at the right cost.

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Survey reveals more flexibility at work boosts employee health

A new evidence review suggests that giving employees more flexibility over their work schedules is likely to boost their health as judged by measures like blood pressure and stress. But interventions that are motivated or dictated by the needs of the employer, such as cutting hours, either have no effect on employee health or make it worse.

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Survey finds more than four in ten workers over the age of 35 currently work for a younger boss

As generations continue to mix in the workplace, many older workers are reporting to younger bosses. A new CareerBuilder survey finds that 43 percent of workers ages 35 and older said they currently work for someone younger than them. Breaking down age groups, more than half (53 percent) of workers ages 45 and up said they have a boss younger than them, followed by 69 percent of workers ages 55 and up. This survey was conducted from November 5 and November 23, 2009, among more than 5,200 workers.

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And in State law news:

Pew study shows U.S. state pension funds have $1 trillion shortfall

States have promised at least $2.73 trillion in pension, health care and other retirement benefits for public employees over the next three decades, according to a report recently released by The Pew Charitable Trusts' Center on the States. The report shows that states have saved enough to cover only about 85 percent of their long-term pension costs, but only three percent of the funds needed for promised retiree health care and other non-pension benefits. All told, states already have set aside about $2 trillion to meet their long-term obligations. But they still need to come up with about $731 billion—a conservative figure that does not include all costs for teachers and local government employees.

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