Posts for March 22, 2011

UMA MEMBER COMPANIES IN THE NEWS:

BIG-D CONSTRUCTION AWARDED MULTIPLE AWARDS AT ABC UTAH'S EXCELLENCE IN CONSTRUCTION AWARD CEREMONY
Business Wire
Big-D Construction received three Excellence in Construction awards and two safety awards from the Utah Chapter of Associated Builders and Contractors, at an awards ceremony held on Wednesday, March 16th, at the Little America Hotel to recognize recipients.
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DEEP WATER DRILLING PERMITS APPROVED BY DEPT. OF INTERIOR

Wall Street Journal
According the Wall Street Journal (3/22) Michael Bromwich, director of Interior's Bureau of Ocean Energy Management, Regulation, and Enforcement, has said, "Shell's submission has satisfied the heightened environmental standards that we are now applying, and I am confident that other operators can satisfy the same standards."

COMMERCIAL REAL ESTATE REPORT (Utah)

Jeff Edwards, President and CEO, EDCUtah
EDCUtah just published its latest edition of the Utah Site Selection Quarterly newsletter, which focuses on Utah's commercial real estate sector.
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DOW CHEMICAL COMMENTS ON THE REMAKING OF U.S. MANUFACTURING

Dow Chemical's Andrew Liveris on the Future of Manufacturing -- and Making America Competitive Again: Knowledge@Wharton. To read the full article click on the link below.
( http://knowledge.wharton.upenn.edu/article.cfm?articleid=2734)

JAPAN EARTHQUAKE CREATES OPPORTUNITIES

United Mergers and Acquisitions Consultants
Some are arguing that the earthquakes in Japan create huge opportunities for American manufacturing. Japan is currently the U.S.’s #2 export partner but export opportunities have changed and a window may have opened for additional exports. The following article was written in third quarter 2009, but the deflationary aspects of this article have suddenly changed. Some say, the U.S. is in the driver’s seat.
http://www.japanfocus.org/-R_Taggart-Murphy/3255

SOCIAL MEDIA GUIDLINES UPDATED

The Employers Council

A social media policy that broadly restricts employees' online activities may now be scrutinized by the National Labor Relations Board. A recent NLRB settlement resolved a case where an employee was fired when she engaged in protected activity on Facebook (on her own time) that nonetheless violated company policy.

Although this area of the law is still developing and not clearly defined, we recommend taking a closer look at existing social media policies that may inadvertently violate federal law. We also advise you to consult with us prior to terminating or disciplining an employee for violating such policies. Remember, the National Labor Relations Act protects employees' rights to engage in
certain protected activities with or without a union. Our updated Social Media Guidelines is available as this week's attachment. We believe the guidelines strike an appropriate balance between protecting employers' legitimate interests without interfering with or restricting employees' protected rights. If you have questions, please contact the Council.

IN-PERSON UNEMPLOYMENT HEARINGS

The Employers Council

The Utah Department of Workforce Services (DWS) is proposing to clarify its procedure on requests for inperson hearings on unemployment insurance benefits claims. The proposed rule clarifies that DWS schedules hearings as telephonic hearings. If a party requires (not just prefers) an in-person hearing, the party must request it from an ALJ [administrative law judge].
However:
"Requests will only be granted if the party can show that an in-person hearing is necessary to accommodate a special need or if the ALJ deems an in-person hearing is necessary to ensure an orderly and fair hearing which meets due process requirements."

The proposed rule also clarifies that:
"If the party that filed the appeal fails to call in advance as required by the notice of hearing, the appeal will be dismissed and an order of default will be issued."

The proposed rule may become effective on April 7, 2011. DWS is accepting written comments through March 31, 2011.

2011 UTAH IMMIGRATION LEGISLATION

The Employers Council

The following is The Employers Council’s description of the immigration bills passed by the 2011 Utah Legislature.

These employment-related immigration bills were passed by the 2011 Utah Legislature, signed by the governor, and are effective May 10, 2011 (although implementation deadlines may not be until July 1, 2013).
• H.B. 116 Utah Immigration Accountability and Enforcement Amendments
• 120 days after federal sanction of this new guest worker program (but no later than July 1, 2013), an undocumented individual may obtain a 2-year (renewable) permit. Permit conditions include:
• Live in Utah, and have worked or lived in Utah before May 10, 2011.
• Have health insur. or no past-due medical debt.
• Submit to a criminal background check.
• Pay an initial permit "fine" of $2,500 (if s/he entered the U.S. illegally).
• Use "best efforts" to learn English.

Unemployment compensation is not available.

• On the guest worker program start date, private employers of 15 or more employees must "U-Verify" permit holders [a new program!], and must E-Verify (not an equivalent or similar system) all other new employees, or face potential fines and/or license revocations. 2010's Private Employer Verification Act would then be replaced.

• H.B. 466 Migrant Workers and Related Commission Amendment

• Permits pilot projects with foreign countries (initially: Mexico, state of Nuevo Leon) to secure foreign migrant workers with nonimmigrant visas.

• A new commission will study immigration, migration and guest worker programs, develop a Utah plan, and make recommendations (that might also be forwarded to the federal government).

• H.B. 469 Immigration Related Amendments

• By July 1, 2013, a 5-year pilot program will allow certain financially "sponsored" foreign nationals, not then in the U.S., to reside, work, and study in Utah. Permits will issue; travel will be restricted.

• H.B. 497 Utah Illegal Immigration Enforcement Act

• More law enforcement; more prohibitions against encouraging, transporting or harboring certain aliens, or engaging in any related conspiracy, for commercial advantage or private financial gain.

U.S. FIRMS WORRY ABOUT FUTURE IN CHINA

Today in Manufacturing

U.S. companies plan to expand their operations but remain concerned over regulations that favor local companies at the expense of foreign businesses ... continue

UNDERSTANDING RADIATION EXPOSURE AND THE HEALTH RISKS IN JAPAN

Today in Manufacturing
Reactor problems at Japan's Fukushima Daiichi nuclear power plant could lead to exposure to large amounts of radioactivity, which can be lethal to humans and have long-term health consequences. An expert at Nova Southeastern University breaks down the types of radioactive materials, exposure and risks. Click to continue

JUDGE SUSPENDS CALIFORNIA CAP-AND-TRADE PROGRAM

Today in Manufacturing
Judge temporarily halted the ambitious program to provide financial incentives for the state's largest polluters to cut their greenhouse gas emissions ... continue

COURT MAKES IT EASIER TO SUE BUSINESSES

Today in Manufacturing
Supreme Court made it easier to haul businesses into court, ruling that employees can sue them for retaliation without having to make a written complaint ... continue

UTAH LABOR COMMISSION OPENS GRANT APPLICATION PROCESS TO
FUND PROMOTION OF WORKPLACE SAFETY

The Utah Labor Commission is requesting applications to award funding for projects or initiatives demonstrating a commitment to workplace safety through effective programs. These may include, but are not limited to, development of workshops, training programs, implementation of specialized safety programs, increasing effort and resources for existing programs, and collaborative workplace safety training between organizations.

The 1996 Legislature enacted legislation creating a restricted account in the General Fund known as the Workplace Safety Account. The money is generated from a 0.25% assessment of workers’ compensation premiums paid annually in Utah. The Commission is charged with the task of using these funds to promote workplace safety, which includes awarding a portion of account funds to selected grant applicants. This upcoming fiscal year will include over $300,000 in total awards to selected grant recipients and will be distributed among as many qualifying applicants and in monetary amounts the Labor Commission deems appropriate. Entities eligible to apply for a grant include Utah businesses, community-based organizations, Utah non-profits and local associations and educational institutions.

“The Workplace Safety Committee of the Labor Commission has identified areas of key priorities upon which to focus: industries and occupations who have higher incidences of workplace accidents and fatalities; and assisting employers in breaking down barriers to safer work environments due to language and cultural barriers”, said Utah Labor Commissioner, Sherrie Hayashi. “This is a great opportunity for an employer or other entity to augment its safety program budget and provide additional means to reduce workplace accidents for its employees.”

The Grant Application and all related details outlining the criteria successful applicants must satisfy, as well as the process the Commission shall use to award the funds, is available online at
www.laborcommission.utah.gov or by contacting Elena Bensor, Workplace Safety Program
Manager at (801) 530-6918 or elenabensor@utah.gov .

Grant Applications are due by Monday, April 25th, 2011 at 6:00 p.m. The grant contract will involve up to a 12 month period ending June 30, 2012.