April 19, 2010
Last week's economic news continued to show the economic recovery gaining steam, with nine of the 11 major economic reports improving. (To see all of last week's indicators, see the Latest Economic Reports section below.)
The report contained a number of important indicators on manufacturing, consumer spending, the global economy and the housing market. Improvements took place across the board. For the manufacturing sector, not only did overall production rise for a ninth consecutive month in March, but several regional surveys for April showed conditions continuing on an upward path.
As seen in the chart above, manufacturing production increased at an average annual rate of 7.4 percent over the past three quarters, with production in durable industries outpacing nondurable industries. While this upturn is faster than the 4 percent pace in the initial quarters following the most recent two recessions (2001, 1990-1991), it is far below the average 13 percent pace during the first few quarters of growth following both the 1982 and 1974-1975 recessions. Also, the level of output remains 11.5 percent below its 2007 peak.
While temporary factors such as an early Easter and an unseasonably cold February likely played significant roles, housing and consumer spending both ended the first quarter on a positive note.
On a cautionary note, the volcanic explosion under one of Iceland's glaciers last week could have a short term, though possibly significant, impact on U.S. trade in the second quarter.
Due to high levels of volcanic ash in the atmosphere, which can cause engine failure in airplanes, airports have been shutting down across northern Europe. Experts predict that the ash plume could last for days. If days turn into a week or more, the impact on U.S. trade could be noticeable, since 13 percent of U.S. merchandise exports are transported by air to Europe. The April trade figures will come out June 10th, so we'll have to wait until then to see the impact.
Dave Huether
Chief Economist
National Association of Manufacturers
April 19, 2010 – Today in Manufacturing.net
Conference Board says its gauge of future activity jumped 1.4 percent in March, the fastest pace of growth in at least seven months... continue
April 19, 2010 – Today in Manufacturing.net
From Wall Street to Washington, the message comes: America, the worst is over, let the spending begin; but many people aren't buying the rhetoric... continue
April 19, 2010 - AP
The AP reported today that, thirty three states recorded gains in employment in March, some sizable. In its monthly look at state job trends; the Labor Department said Friday that Maryland led the country with a gain of 35,800 payroll jobs last month. ... By contrast, Michigan continued to have the nation's highest unemployment rate and also led the country in job losses in March with a decline of 9,500.
Title I of the federal Hiring Incentives to Restore Employment (HIRE) Act, enacted March 18, 2010, gives employers two new tax benefits for hiring certain previously unemployed workers (“qualified employees”).
1. A "payroll tax exemption" exempts an employer from the employer's 6.2% share of social security tax on wages paid to qualifying employees, for wages paid from 3/19/10 through 12/31/10.
2. In addition, a "new hire retention" business tax credit applies for each qualified employee retained for at least 52 consecutive weeks. The credit is 6.2% of wages paid to the qualified employee over the 52- week period, up to a maximum credit of $1,000.
The IRS "HIRE Act: Q&As for Employers" Website is at www.irs.gov/businesses/small/article/0,,id=220745,00.html. The site includes links to the new Form W-11 (Employee Affidavit) and draft revised Form 941. Click here for the HIRE Act text (Title I is on pages 2 through 6).
Salt Lake City - Thursday, May 6
Ogden - Wednesday, May 12
Join the Council’s legal staff as they address key Utah rules that every employer needs to know and comply with, including:
Salt Lake City - Thursday, May 6 -- Red Lion Hotel -- 161 W 600 S, Salt Lake City
Ogden - Wednesday, May 12 -- Comfort Suites -- 2250 S 1200 W, Ogden
Time -- Seminar: 8:00 a.m. - 12:00 noon (registration & breakfast buffet: 7:15 to 8:00 a.m.)
Cost -- $115 per Council member; $195 per non-member (includes full breakfast buffet and materials)
Call the Council or reply to this email with registration information or questions. You can download the registration form at http://ecutah.org/utahrules.pdf. Full refund or credit will be given if cancellation is received one week prior to meeting.
Certification: This program is approved for 3.5 general recertification hours toward PHR, SPHR, and GPHR recertification through the Human Resource Certification Institute.
The federal Occupational Safety and Health Administration has essentially delegated its responsibilities in Utah to the Utah Labor Commission. Within the Labor Commission, the Division of Occupational Safety and Health (“UOSH”) has broad authority to oversee, inspect, and when warranted, issue citations for violations of the Utah Occupational Safety and Health Act, and its associated Rules. The following tips are offered as suggestions to avoid or minimize such inspections and citations, and the resulting significant penalties.
I. Listen and Respond to the Concerns Expressed by Employees
A. Never reprimand an employee for having voiced safety concerns.
B. Never ignores the safety concerns raised by an employee.
II. Prepare and Manage Inspections
A. Conduct your own parallel internal investigation under the protection of theattorney-client privilege.
B. Control and manage the flow of information (both documentary and oral) during the inspection.
C. Maintain your safety records in a complete, orderly and accessible manner.
D. Be firm, but not antagonistic and never misleading with inspectors.
E. Anticipate the most commonly cited violations, such as hazard communication, machine guarding, trenching, lockout/tagout, electrical hazards, etc, and address them proactively.
III. Make Safety and Health a Priority
A. Be proactive about identifying and addressing industrial hygiene and exposures.
B. Train, publish and enforce safety rules.
C. Implement a systematic, rather than piece-meal, safety program.
D. Focus on making your workplace safe by using engineering controls, rather than on just making your employees safe by using personal protective equipment.
E. Use safety audits to identify hazards, and then address the hazards.
Prepared by Marty Banks, with the law firm of Stoel Rives. Mr. Banks practices in the area of environmental, safety and health. He chairs the UMA Environment Committee.
He can be reached at (801) 578-6975, or mkbanks@stoel.com.
Last week's economic news continued to show the economic recovery gaining steam, with nine of the 11 major economic reports improving. (To see all of last week's indicators, see the Latest Economic Reports section below.)
The report contained a number of important indicators on manufacturing, consumer spending, the global economy and the housing market. Improvements took place across the board. For the manufacturing sector, not only did overall production rise for a ninth consecutive month in March, but several regional surveys for April showed conditions continuing on an upward path.
As seen in the chart above, manufacturing production increased at an average annual rate of 7.4 percent over the past three quarters, with production in durable industries outpacing nondurable industries. While this upturn is faster than the 4 percent pace in the initial quarters following the most recent two recessions (2001, 1990-1991), it is far below the average 13 percent pace during the first few quarters of growth following both the 1982 and 1974-1975 recessions. Also, the level of output remains 11.5 percent below its 2007 peak.
While temporary factors such as an early Easter and an unseasonably cold February likely played significant roles, housing and consumer spending both ended the first quarter on a positive note.
On a cautionary note, the volcanic explosion under one of Iceland's glaciers last week could have a short term, though possibly significant, impact on U.S. trade in the second quarter.
Due to high levels of volcanic ash in the atmosphere, which can cause engine failure in airplanes, airports have been shutting down across northern Europe. Experts predict that the ash plume could last for days. If days turn into a week or more, the impact on U.S. trade could be noticeable, since 13 percent of U.S. merchandise exports are transported by air to Europe. The April trade figures will come out June 10th, so we'll have to wait until then to see the impact.
Dave Huether
Chief Economist
National Association of Manufacturers
LEADING ECONOMIC INDICATORS UP 1.4 PERCENT
April 19, 2010 – Today in Manufacturing.net
Conference Board says its gauge of future activity jumped 1.4 percent in March, the fastest pace of growth in at least seven months... continue
SOME AMERICANS DOUBTFUL RECESSION IS ENDING
April 19, 2010 – Today in Manufacturing.net
From Wall Street to Washington, the message comes: America, the worst is over, let the spending begin; but many people aren't buying the rhetoric... continue
April 19, 2010 - AP
The AP reported today that, thirty three states recorded gains in employment in March, some sizable. In its monthly look at state job trends; the Labor Department said Friday that Maryland led the country with a gain of 35,800 payroll jobs last month. ... By contrast, Michigan continued to have the nation's highest unemployment rate and also led the country in job losses in March with a decline of 9,500.
TAX INCENTIVES TO HIRE THE UNEMPLOYED
April 19, 2010 – Employers CouncilTitle I of the federal Hiring Incentives to Restore Employment (HIRE) Act, enacted March 18, 2010, gives employers two new tax benefits for hiring certain previously unemployed workers (“qualified employees”).
1. A "payroll tax exemption" exempts an employer from the employer's 6.2% share of social security tax on wages paid to qualifying employees, for wages paid from 3/19/10 through 12/31/10.
2. In addition, a "new hire retention" business tax credit applies for each qualified employee retained for at least 52 consecutive weeks. The credit is 6.2% of wages paid to the qualified employee over the 52- week period, up to a maximum credit of $1,000.
The IRS "HIRE Act: Q&As for Employers" Website is at www.irs.gov/businesses/small/article/0,,id=220745,00.html. The site includes links to the new Form W-11 (Employee Affidavit) and draft revised Form 941. Click here for the HIRE Act text (Title I is on pages 2 through 6).
KEY UTAH EMPLOYMENT RULES: What Employers Need to Know -- Seminar
April 19, 2010 – Utah Employers CouncilSalt Lake City - Thursday, May 6
Ogden - Wednesday, May 12
Join the Council’s legal staff as they address key Utah rules that every employer needs to know and comply with, including:
- Rules to focus on at the beginning of the employment relationship, such as Utah’s NEW Employment Selection Procedures Act, and NEW Private Employer E-Verify Law
- Rules to focus on throughout the employment relationship, such as NEW Drug & Alcohol Testing Amendment, and NEW Weapons in the Parking Lot Law
- Rules to focus on near the end of the employment relationship, such as Utah’s At-will Employment Rules and Final Paycheck Law
- Rules to care about all the time, such as Utah’s Antidiscrimination Act, Right to Work Law, and NEW Protection of Personal Information Law
Salt Lake City - Thursday, May 6 -- Red Lion Hotel -- 161 W 600 S, Salt Lake City
Ogden - Wednesday, May 12 -- Comfort Suites -- 2250 S 1200 W, Ogden
Time -- Seminar: 8:00 a.m. - 12:00 noon (registration & breakfast buffet: 7:15 to 8:00 a.m.)
Cost -- $115 per Council member; $195 per non-member (includes full breakfast buffet and materials)
Call the Council or reply to this email with registration information or questions. You can download the registration form at http://ecutah.org/utahrules.pdf. Full refund or credit will be given if cancellation is received one week prior to meeting.
Certification: This program is approved for 3.5 general recertification hours toward PHR, SPHR, and GPHR recertification through the Human Resource Certification Institute.
TIPS FOR AVOIDING TROUBLE WITH UTAH OSHA
April 19, 2010 – Marty Banks – Stoel RivesThe federal Occupational Safety and Health Administration has essentially delegated its responsibilities in Utah to the Utah Labor Commission. Within the Labor Commission, the Division of Occupational Safety and Health (“UOSH”) has broad authority to oversee, inspect, and when warranted, issue citations for violations of the Utah Occupational Safety and Health Act, and its associated Rules. The following tips are offered as suggestions to avoid or minimize such inspections and citations, and the resulting significant penalties.
I. Listen and Respond to the Concerns Expressed by Employees
A. Never reprimand an employee for having voiced safety concerns.
B. Never ignores the safety concerns raised by an employee.
II. Prepare and Manage Inspections
A. Conduct your own parallel internal investigation under the protection of theattorney-client privilege.
B. Control and manage the flow of information (both documentary and oral) during the inspection.
C. Maintain your safety records in a complete, orderly and accessible manner.
D. Be firm, but not antagonistic and never misleading with inspectors.
E. Anticipate the most commonly cited violations, such as hazard communication, machine guarding, trenching, lockout/tagout, electrical hazards, etc, and address them proactively.
III. Make Safety and Health a Priority
A. Be proactive about identifying and addressing industrial hygiene and exposures.
B. Train, publish and enforce safety rules.
C. Implement a systematic, rather than piece-meal, safety program.
D. Focus on making your workplace safe by using engineering controls, rather than on just making your employees safe by using personal protective equipment.
E. Use safety audits to identify hazards, and then address the hazards.
Prepared by Marty Banks, with the law firm of Stoel Rives. Mr. Banks practices in the area of environmental, safety and health. He chairs the UMA Environment Committee.
He can be reached at (801) 578-6975, or mkbanks@stoel.com.
SEXUAL HARASSMENT
April 19, 2010 – Employers Council
Sexual harassment is destructive and illegal in the workplace, but still happens. Why? Are you uncertain about the definition of sexual harassment and its underlying behaviors? The EEOC defines sexual harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of employment; submission to or rejection of such conduct is used as the basis for an employment decision; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Whether certain behaviors constitute sexual harassment depends on the facts, severity, and context. Behavior is judged by its impact, not the intent. Examples may include demeaning sexual comments, crude gestures, off-color jokes or stories, sexually suggestive visual displays, and inappropriate touching. Even casual sexual joking may be offensive. It is best to keep sexual overtones out of the workplace. Make professionalism and mutual respect a top priority.
Supervisors should model appropriate behavior. Your actions and words are scrutinized by others constantly. Being a positive influence is critical. Supervisors should be vigilant in preventing behaviors that may cause a problem down the road. And, when employee complaints are made, they must be addressed promptly. Proactive policies and procedures can help resolve issues before they blow up.
Your entire workforce needs to understand and be committed to ensuring a professional and respectful working environment.
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