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|  Each week, this space will bring you the best from our (Work in Progress) blog. • I want to ride my bicycle; I want to ride my bike: May 16 is the District of Columbia's Bike to Work Day, and Secretary Perez is one of the area's estimated 14,000 biking enthusiasts. He writes that commuting to the department on a bicycle "really clears my mind." • Building an Economy that Works for All Moms: Celebrating Mothers' Day means honoring all moms, and Secretary Perez writes about how new overtime protections being developed by the department will have a positive impact on working moms everywhere. • Millions of Mothers Deserve a Raise: Deputy Administrator (and mom) Laura Fortman of the Wage and Hour Division calls for a raise in the minimum wage to $10.10 per hour, writing that "it's time to give our mothers a raise and it's time to give working families a fair shot at success." |
| | Unemployment Insurance Integrity  | Approximately 160 officials representing Unemployment Insurance agencies from across the country gathered at the Frances Perkins Building in Washington, D.C., on May 13 and 14 for the 2014 Unemployment Insurance Integrity Summit. This biennial event brings together leaders from a wide range of federal and state government agencies to discuss the prevention, detection and recovery of UI improper payments. Participants discussed strategies to bring the improper payment rate down and promote successful practices and management approaches to reaching this goal. Several department officials including Deputy Secretary Chris Lu, Deputy Assistant Secretary for Employment and Training Eric Seleznow, and Administrator of the Office of Unemployment Insurance Gay Gilbert spoke at the event. The summit was an opportunity to promote the work of the UI Integrity Center of Excellence, which assists states by developing and promoting innovative strategies and tools in areas such as data analytics and predictive modeling, developing collaborative tools such as a secure web portal, and supporting regional pilot projects. |
| | Cornell Hosts Book Project Exhibit  | The prestigious Martin P. Catherwood Library, School of Industrial and Labor Relations at Cornell University, recently showcased the "Books that Shaped Work in America" project during the school's spring 2014 semester. The library created a display in its main reading room that echoed the design of the department's project and provided a setting for the 100-plus titles suggested by the public that have work as a central theme. Catherwood's display included a 1974 first edition of Studs Terkel's "Working" and the subsequent graphic adaptation illustrated by Harvey Pekar. Library staff also suggested titles that will be added to the list this summer. The Catherwood Library consists of more than 232,000 volumes in the subject areas of collective bargaining, industrial relations, labor disputes, labor economics and the employment relationship, labor history, contemporary trade union issues, human resource studies, organizational behavior, and international and comparative industrial relations. • Explore "Books that Shaped Work in America"
• Read the Blog Post
• Learn About Catherwood Library |
| | Work in the 21st Century  | The business name on workers' uniforms is not always the same as the company that recruits, hires, oversees their work, and pays them. This was the topic of the National Employment Law Project's conference, "Outsourced Work: Insourcing Responsibility" held on May 12 in Washington, D.C. Wage and Hour Division Administrator Dr. David Weil delivered the opening plenary presentation, "Ensuring Employer Accountability in Outsourced Workplaces." Weil outlined how WHD continues to evolve its strategic enforcement capabilities to meet the changes and challenges workers and enforcement agencies face in the 21st century workplace, where the relationships between employers and employees are not as clear as they were in the past. Dr. Weil described how WHD has adapted its complaint prioritization, conducted directed investigations in priority industries, and increased compliance assistance and worker education efforts to better protect vulnerable workers and level the playing field for employers who play by the rules. |
| | Work is Part of Second Chance  | Eric Seleznow, deputy assistant secretary of labor for employment and training, provided the keynote address at the Second Chances and Safer Communities conference on May 15. The conference was hosted by the Council of State Government's Justice Center and supported by the Department of Justice's Bureau of Justice Assistance. Participants included grantees from both the Justice Department's Second Chance Act program and the Labor Department's Reintegration of Ex-Offenders Initiative. The event serves as a forum for peer networking where leaders in the prisoner re-entry community meet to discuss challenges and share experiences. Seleznow also moderated a panel discussion that focused on using the most effective employment practices to ensure that adults returning from prison are working and staying crime-free. "There is no doubt: communities benefit when a person with a criminal record is able to re-enter the workforce and smoothly and effectively transition back into their community," said Seleznow. |
| | Drilling Onshore Conference The International Association of Drilling Contractors held its Drilling Onshore Conference in Houston, Texas, on May 15 to explore issues facing the onshore drilling industry. Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels had the opportunity to speak about the collaborative efforts between OSHA and the oil and gas industry. This includes programs such as the National Service, Transmission, and Exploration & Production Safety Network, which was created to address high rates of fatalities in the industry. The STEPS Network is an all-volunteer organization founded in South Texas in 2003 by OSHA and the oil and gas industry working to reduce injuries and fatalities in that region. Its success has allowed the organization to grow to serve 17 independent networks in 15 states. "IADC and their member companies have taken steps to improve health and safety in drilling operations around the world," said Michaels. "The energy industry is a vital part of our economy and security. Together, we can reduce the rate of fatal injuries in this industry." • Learn About the STEPS Network |
| | Promoting Diversity and Inclusion Automatic Data Processing Inc.'s Diversity and Inclusion speaker series showcases individuals who demonstrate a true commitment to these goals. The payroll services provider hosted Assistant Secretary of Labor for Disability Employment Policy Kathy Martinez at its Roseland, N.J., headquarters on May 15 where she gave remarks on practices for retaining the talents of all employees, including workers with disabilities, as well as the importance of diverse perspectives in the workplace. "You're very lucky to work for a company that encourages its employees to bring their whole selves, all of their identities, to work each day," Martinez said. |
| | Report Released on Job Clubs  | A new report documenting the activities of job search support groups, commonly referred to as "job clubs" operated by faith-based and community-based organizations has been published by the department's Chief Evaluation Office. The report was unveiled on May 9 at the Crossroads Career Network national job clubs conference at Roswell United Methodist Church outside Atlanta. Secretary Perez offered opening remarks via video highlighting the role job clubs have played in serving middle-aged and older, long-term unemployed workers. Ben Seigel, senior policy advisor with the Employment and Training Administration, facilitated a live webcast with the report's authors. The session also included a panel discussion with Georgia state and local workforce officials moderated by ETA Regional Administrator Les Range. It looked at ways that job clubs can help enhance employability and provide ongoing support to unemployed and under-employed individuals as they search for jobs. • Read the Report |
| | Whistleblower Advisory Committee The Whistleblower Protection Advisory Committee charter was renewed on May 13 for two additional years. Established in 2012, the committee makes recommendations to the secretary of labor and the assistant secretary for occupational safety and health on ways to improve the fairness, efficiency, effectiveness and transparency of OSHA's whistleblower protection activities. Through the committee, OSHA obtains advice from whistleblowers and worker advocates, employers and employer representatives, attorneys, experts in investigation and administrative law, academic researchers and others. • Read the News Release
• Learn About the Committee
• Learn About Whistleblower Protections |
| | Disability, Design and Dialogue Global Accessibility Awareness Day on May 15 is the perfect opportunity to talk about accessibility and inclusion in social media. These themes are at the heart of a virtual town hall launched by the Office of Disability Employment Policy and the National Council on Disability. The online dialogue runs through May 30, and is the second of three conversations on social media accessibility. The dialogue will explore how design can be incorporated to create accessible and usable technology, avoid expensive retrofitting, and create a virtual world that is accessible to all users, including workers, customers and jobseekers with disabilities. • Read the News Release
• Join the Conversation |
| | Information for Low-Wage Workers Officials from the Wage and Hour Division joined local and state government agencies, agricultural labor associations, and community and faith-based organizations on May 9 to celebrate the inauguration of a new community plaza next to the Northwest Communities Education Center and KDNA radio in Granger, Wash. Attendees discussed partnership opportunities for educating low-wage workers about their labor rights via the employment, education and outreach alliance for the protection of labor rights. Workers can call EMPLEO's toll-free line at 1-877-55-AYUDA (877-552-9832) to ask questions or to report labor violations or concerns. • View the Slideshow |
| | Home Care Operator Training More than 60 residential care operators, funded and monitored by the Alta Regional Center, received a presentation on the Fair Labor Standards Act by the Wage and Hour Division district office in Sacramento, Calif., on May 6. The regional centers are contracted by California's Department of Developmental Services and serve as the placement and regulatory agencies for licensed adult residential care facilities. The Alta Regional Center and other centers alike are charged with making sure that home care operators are in compliance with the FLSA. California's Department of Developmental Services is part of the state's Health and Human Services Agency, which receives funds from federal and state governments. The FLSA training is part of the district office 2013-2014 Adult Residential Care Home Initiative. • Residential Care Facilities Under FLSA
• Worker Rights in Health Care Industry
• Calculate Overtime Pay |
| | Migrant Farmworker Protections The Wage and Hour Division is reaching out to the Mexican Consulate in Sacramento, Calif., to expand awareness of resources regarding farm workers' labor and safety protections under the law. To that end, the division's district office in Sacramento conducted a training session on labor requirements under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act on May 9. The outreach event included an explanation of the step-by-step process necessary for the intake of labor complaints to more than 125 Mexican nationals. The training was hosted by the Mexican Consulate in Sacramento and is part of the division's outreach programs and partnership arrangements to assist and protect vulnerable workers. • Learn About Migrant Worker Protection
• Learn How to File a Complaint |
| | Weekly UI Claims The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance claims was 297,000 for the week ending May 10, a decrease of 24,000 from the previous week's revised level. The four-week moving average was 323,250, down 2,000 from the previous week's revised average. • Read the News Release |
| | Upcoming Deadlines & Events Open Funding Opportunities EBSA — Getting It Right: Know Your Fiduciary Responsibilities Seminar • June 3 — Hartford, CT EBSA — Health Benefits Laws Compliance Assistance Seminar • June 17 — Denver, CO
• June 18 — Denver, CO MSHA — Stakeholder Meeting on Coal Dust Rule • May 20 — Hazard, KY
• May 22 — Washington, PA
• May 29 — Evansville, IN OFCCP — AHEAD: Alliances Helping Employers Achieve Diversity Syposium and Job Fair • May 23 — San Antonio, TX OFCCP — Best Practices for Corporate Management Compliance Evaluations • May 22 — Memphis, TN OFCCP — Construction Compliance Evaluations in 16 Steps • May 27 — Atlanta, GA OFCCP — Directive 306: Joint Event with OFCCP and The Cara Program • May 22 — Chicago, IL OFCCP — Everything You Want to Know About Adverse Impact • June 11 — Orange, CA OFCCP — Good Faith Efforts, Exceptional Results • June 5 — Omaha, NE OFCCP — Introduction to the New Section 503 of the Rehabilitation Act Regulations • June 4 — Portland, OR OFCCP — Introduction to the New VEVRAA Act of 1974 Regulations • June 5 — Memphis, TN
• June 11 — Portland, OR
• June 11 — Dallas, TX OFCCP — What to Expect During an OFCCP Audit • May 16 — Columbus, OH
• May 20 — Birmingham, AL
• May 20 — Atlanta, GA
• May 20 — Jackson, MS
• June 10 — Houston, TX OLMS — Compliance Assistance Seminar • May 20 — Metairie, LA WHD — Emphasis on wage requirements for workers under Section 14(c) of the FLSA Seminar • June 5 — Danbury, CT
• June 11 — Santa Fe, NM WHD — Prevailing Wage Seminar • June 3 — Atlanta, GA
• June 4 — Atlanta, GA
• June 5 — Atlanta, GA |
| | Follow @USDOL on  Tweets by @USDOL | | | What's New Supporting Working Families  | U.S. Labor Secretary Thomas E. Perez addressed a packed audience on May 12, during a New York event leading up to the White House Summit on Working Families being held in June. Perez told those in attendance that they are leaders in fighting for issues important to working families. "Change doesn't come from the nation's capital — it starts here, with you, in incubators for democracy like this," said Perez. Valerie Jarrett, the senior advisor to the president and chair of the White House Council on Women and Girls, told the audience that workplace gender equality is worth fighting for and enforcing until each of America's workers has equal access to employment opportunities. Representatives from the White House, The department's Women's Bureau, and the Center for American Progress hosted the regional forum. Okenfe Lebarty, an organizer for the group New Jersey Citizen Action, said he traveled to the forum in the hope of bringing back knowledge and tools to help tackle an entrenched problem facing families in the Garden State. "Currently, some 1.2 million private sector workers in the state have no access to paid sick days at all," he said. The goal of the regional events and the upcoming national summit, is to examine innovative solutions for creating workplaces that provide hardworking Americans the opportunity to get ahead. • Learn About the Upcoming Summit
• View the Slideshow
• Read Jarrett's Blog Post Honoring the Chinese Railroad Workers  | Between 1865 and 1869, approximately 12,000 Chinese immigrants were brought in by the Central Pacific Railroad Company to construct the western section of the transcontinental railroad. Their heroic efforts made the completion of the railroad possible, but their contributions had mostly been lost to history. On May 9, as the nation prepared to celebrate the 145th anniversary of the completion of the transcontinental railroad, Secretary Perez bestowed a long overdue recognition to these Chinese immigrant laborers by inducting them into the Labor Hall of Honor. Despite dangerous working conditions and constant discrimination, these workers courageously took a stand to organize for fairer wages and safer working conditions. Their efforts not only stitched the nation together, but also advanced the American ideals of equal opportunity, collective organizing and good, safe jobs for all workers. Perez was joined at the induction ceremony by Deputy Secretary of Labor Chris Lu, Assistant Secretary of Labor for Employment and Training Portia Wu, Director of the Office of Federal Contract Compliance Programs Pat Shiu, Representative Grace Meng, Director of the National Domestic Worker Alliance Ai-jen Poo, and former Secretary of Transportation and Commerce Norman Mineta. • Watch the Induction Ceremony
• Read the Blog Post
• Watch Deputy Secretary Lu's Interview
• View the Slideshow
• Learn About the Labor Hall of Honor |
| | National News Boosting Innovation in Job Training Strategies The department wants to see more creative and unique job training strategies and is making available up to $53 million in Workforce Innovation Fund grants towards the effort. Secretary Perez was joined by U.S. Commerce Secretary Penny Pritzker for a May 14 press conference announcing that this grant competition is now open. These funds will invest in both the scaling of proven practices and the development of promising new ideas. Grantees are encouraged to work with local and regional employers, industry groups, and their state commerce and development agencies to strengthen public-private partnerships. "Developing more efficient and effective job training solutions is crucial to building the pipeline of skilled workers needed to compete in the global economy," said Perez during the grant announcement. • Read the News Release Susan Harwood Safety and Health Grants Solicitation Safety and health grants totaling $7 million are now available for nonprofit organizations from the Occupational Safety and Health Administration. The Susan Harwood Training Grant Program supports the creation of in-person, hands-on training and educational programs for workers and employers on how to identify and prevent workplace hazards. Two types of training grants will be awarded: Targeted Topic and Capacity Building. The Targeted Topic Training grants require applicants to address occupational safety and health topics designated by OSHA through the development of high quality training programs and materials. Capacity Building grants focus on developing and expanding the capacity of an organization to provide safety and health training, education, and related assistance to target audiences such as, temporary workers or those with limited English proficiency. Applications for both grants are being accepted now. • Learn About Harwood Grants
• Read the News Release |
| | Around DOL Asian Pacific American Community Leaders at DOL  | Leaders of the Asian Pacific American community met with Secretary Perez and several members of his leadership team on May 8, as part of a series of activities being held in honor of Asian American and Pacific Islander Heritage Month. Perez shared with the group progress the department is making to support AAPI communities. This includes a new "Vulnerable Worker Project" — an interagency effort that will focus on advancing employment and labor protections for AAPI communities. Perez also shared an update on the two-year action plan that lays out 47 goals, strategic activities and benchmarks focused on capacity building, data collection and reporting, language access, and workforce diversity. The department is also working on completing an update to the AAPI workforce report in order to get an honest picture of what is happening in the community. Perez heard from community leaders about actions and policy changes they would like to see the department make to improve outreach and workplace protections for AAPI communities. • View the Slideshow In Pursuit of the American Dream  | Beneficiaries of the Deferred Action for Childhood Arrivals program had the opportunity to talk with Secretary Perez during a roundtable at the department's headquarters on May 13. DACA, a process implemented in 2012 by the U.S. Citizenship and Immigration Services, offers two-year relief from deportation for undocumented immigrants who came to the U.S. as children and who meet several other criteria. A number of these individuals, local high school and college students of Asian heritage, spoke to the Secretary about their experiences as undocumented immigrants and how DACA has helped them achieve their educational and professional goals. Earlier that day, Perez addressed 125 new citizens representing more than 50 countries before they took the Oath of Allegiance at a U.S. Citizenship and Immigration Services naturalization ceremony in our nation's capital. Perez related his experience as the son of immigrants from the Dominican Republic and told the crowd that just like his parents, "You have a unique opportunity to make a difference as a citizen... today marks a new chapter in what is your American dream." • View the DACA Slideshow
• View the Naturalization Ceremony Slideshow A Grand(son) Visit Recognize the person standing between Secretary Perez and Solicitor of Labor M. Patricia Smith? Here's a hint: he's related to the woman in the painting behind them. That's Tomlin Perkins Coggeshall, the grandson of former Labor Secretary (and first woman to serve in a U.S. Presidential Cabinet) Frances Perkins. Coggeshall is the founder of the Frances Perkins Center, a nonprofit organization dedicated to presenting and sharing the history and accomplishments of Secretary Perkins and her fellow "New Dealers" and to carrying on their efforts towards economic security and social justice. Coggeshall was visiting the nation's capital from Maine this week, and had to pop into the building named after his grandmother. Perez told Coggeshall his grandmother is "the gold standard of labor secretaries." |
| | DOL Working for You Navy Vet Carves Out Culinary Career Ironically it was water that temporarily curtailed the culinary career of Navy veteran Peter Langsam. After working as a line cook for a number of dining establishments over the years, Langsam landed a job at a restaurant near the water in New York. But Hurricane Sandy hit the area and destroyed the building, leaving Langsam unemployed. He turned to Easter Seals of New York, a department grantee that provides career counseling to veterans. Each client gets an "employment plan tailored to their needs," said Kim Elvin, the program manager for Easter Seals. Langsam said the program "let me know what resources I could use and how to use them." With a new set of culinary knives provided courtesy of Easter Seals, Langsam accepted a job as a chef at a New York resort, where he now prepares his signature dish of salmon with citrus salsa. |
| | DOL in Action Silicon Valley Company to Pay Back Wages, Damages Listia Inc., a Silicon Valley company, has agreed to pay $190,546 in back wages and damages to 61 current and former employees following an investigation by the Wage and Hour Division. Investigators found that the Mountain View, Calif.-based employer violated the Fair Labor Standards Act's overtime, minimum wage and record-keeping provisions. Listia failed to pay customer service employees the required minimum wage and did not pay overtime premiums for hours worked beyond 40 in a week, as required under the FLSA. In addition, the employer improperly classified some employees as exempt from overtime pay. The employer considered some employees as volunteers. They were not paid, only given points toward the purchase of items on the company website. Home Care Provider to Pay $258,000 in Back Wages, Damages A default judgment was obtained by the department in the U.S. District Court for the Northern District of California ordering San Jose-based home care provider Kern Adult Residential Facility, and owners Helen and Eduardo Carranza, to pay $258,024 in back wages and damages to 10 current and former employees. An investigation by the Wage and Hour Division found that the employer misclassified the caregivers as independent contractors for a period of two years beginning in August 2010. The employees worked 63 hours per week on average but were paid what amounted to hourly rates as low as $4.16 per hour. "Residential care providers need to understand that you cannot evade the requirements of the law by misclassifying employees as independent contractors," said Susana Blanco, director of the division's San Francisco District Office. Anti-Retaliation Lawsuit Filed in Massachusetts The department has sued Donald Pottern, doing business as Crown Furniture, of West Springfield, Mass. for allegedly firing a worker who filed a safety complaint with the Occupational Safety and Health Administration. The lawsuit seeks a judgment affirming that Pottern discharged the employee in retaliation for filing an OSHA complaint and permanently prohibits him from illegally retaliating against employees in the future. The lawsuit seeks payment of more than $20,000 in lost wages plus interest to the employee, as well as payment of compensatory and/or punitive damages and posting of a nondiscrimination notice at the workplace. • Read the News Release
• Learn About Whistleblower Protections Railroad Company Must Reinstate Worker, Pay $244,000 in Back Wages Grand Trunk Western Railroad Co. has been ordered to reinstate a conductor and pay him more than $244,000 in back wages and damages following an investigation by the Occupational Safety and Health Administration. OSHA found that the company was in violation of the whistleblower provisions of the Federal Railroad Safety Act for terminating an employee in February 2013 for failing to perform an inspection of a passing train under hazardous safety conditions near Flint, Mich. The train was stopped on a bridge with a steep incline down to the river, and the conductor felt this was an unsafe location for the inspection. • Read the News Release
• Learn About Whistleblower Rights Ship Repair Contractors Pay $720,000 in Overtime Violations Ship repair companies Bayonne Dry Dock and Repair Corp. and Coastwide Material Supply Corp., have provided $720,000 in unpaid wages and liquidated damages for 224 workers at the Military Ocean Terminal in Bayonne, N.J. An investigation by the Wage and Hour Division found the companies, which share common ownership, violated the overtime provisions of the Walsh-Healey Public Contracts Act. Bayonne Dry Dock and Repair had a federal contract to repair and rehabilitate U.S. Navy and Coast Guard vessels and engaged Coastwide as a subcontractor. • Read the News Release Former Ohio Union Officer Sentenced for Embezzling $158,000 Ronald Karr, former secretary-treasurer of International Brotherhood of Electrical Workers Local 2359 in Sugar Grove, Ohio, was sentenced to two years of probation and was ordered to pay a $4,000 fine in the U.S. District Court for the Southern District of Ohio after embezzling union funds. In December 2013, Karr pleaded guilty to one count of embezzlement in the amount of $158,150. An investigation conducted by the Office of Labor-Management Standards found that from January 2006 until February 2011, Karr stole union money through unauthorized cash withdrawals, debit card purchases and checks to himself totaling $158,150. Karr used union funds for a transmission rebuild of his personal vehicle, a rifle, an enclosed trailer and more than 200 purchases at Wal-Mart. Karr previously had made full restitution. Illinois Nursing Home Pays $67,000 in Unpaid Wages to 138 Workers Lincoln Rehabilitation Center has paid 138 employees a total of $66,983 in unpaid wages following an investigation by the Wage and Hour Division. The investigation found that the company violated the Fair Labor Standards Act by failing to compensate employees for all hours worked, including pre- and post-shift work, and improperly exempted some employees from overtime requirements. Lincoln Rehabilitation Center is a 140-bed nursing home in Decatur, Ill., managed by Skokie-based YAM Management LLC, which also manages 19 other Illinois nursing home facilities. • Read the News Release Illinois Manufacturer Exposes Workers to Struck-by Hazards Big 3 Precision Products Inc., which manufactures industrial machine products, has been cited for five safety violations by the Occupational Safety and Health Administration. The complaint investigation found a willful violation of forklift standards for allowing employees to stand or pass under the elevated portion of forklifts at the Centralia, Ill., facility. Proposed penalties total $63,000. Four serious violations involved lack of machine guarding on portable grinders, which exposed workers to amputation and laceration hazards. The other three violations involved electrical extension cords, including failing to inspect cords, use of damaged cords and, where necessary, not using cords with grounding conductors. • Read the News Release New York Supermarket Chain to Pay $372,000 in Back Wages, Damages The department has obtained a consent judgment against a Glendale, N.Y.-based chain of 17 neighborhood supermarkets and their owner. The company, doing business as NSA Supermarket, NSA Golden Mango and Met Food, agreed to pay $372,172 in back wages and damages to 18 vulnerable workers. Employees worked for less than the minimum wage at stores in Brooklyn and Queens. Investigators from the New York City District Office of the Wage and Hour Division found that defendants violated the minimum wage and record-keeping provisions of the Fair Labor Standards Act. Many of the company's grocery baggers, who assisted cashiers, worked for tips only. • Read the News Release Nut Manufacturer Fined $180,000 for Willful Violations Roasted nut manufacturer Star Snacks Co. LLC has been cited by the Occupational Safety and Health Administration for two willful and six serious safety violations. The willful violations include overexposure to dangerous levels of carbon monoxide and noise hazards found at the company's Bayonne, N.J., manufacturing facility. Serious citations were issued for violations including failure to provide employees training in chemical and noise hazards and suitable hearing protection. The company faces $180,000 in proposed penalties. • Read the News Release 'Needless and Avoidable' Fatal Fall, Massachusetts Contractor Cited A 51-year-old roofer fell 17 feet to his death on Nov. 14, 2013, while performing roofing work in Stockbridge, Mass. An investigation by the Occupational Safety and Health Administration found that his employer, Lee-based Fairview Contractors Inc., failed to provide fall protection and guardrails that would have prevented the fall. "This was a needless and avoidable loss of a worker's life. While guardrails and fall arrest systems were present at this work site, they were not used," said Mary Hoye, OSHA's area director for central and western Massachusetts. "Fatalities such as this will stop only when employers supply and ensure the use of effective and legally required fall protection on all job sites at all times." • Read the News Release
• Learn About the Safety Stand-Down West Virginia Restaurant Workers Receive Back Wages Black Bear Burritos LLC will pay a total of $232,295 in back wages to 105 workers employed at two restaurants located in Morgantown, W.Va. Investigations conducted by the Wage and Hour Division's Charleston Area Office disclosed minimum wage and overtime violations of the Fair Labor Standards Act, including requiring servers to participate in an illegal tip pool, or tip sharing arrangement. When notified of the violations, the company agreed to pay all back wages and to comply with labor laws in the future. • Read the News Release Truck Manufacturer Cited For Exposing Workers to Safety Hazards Blue Ridge Manufacturing LLC, a builder of specialty commercial truck bodies has been cited by the Occupational Safety and Health Administration for 20 serious safety and health violations following an inspection at the company's manufacturing facility in Blue Ridge, Georgia. The violations include failing to provide lockout/tagout training; failing to train workers who operate powered industrial trucks; and not inspecting the crane used to pick up steel parts. Workers also were exposed to unguarded equipment, electrical shock and burn hazards. The agency initiated the March inspection after receiving a complaint. • Read the News Release Machinery Crushing Hazards Founds at Massachusetts Manufacturer Workers at a Salisbury, Mass., manufacturing plant were at risk of being caught in machinery or crushed, reports the Occupational Safety and Health Administration. Andover Healthcare Inc., a maker of coated fabrics and adhesives for the health care industry, faces $93,200 in proposed fines for two repeat and seven serious violations. An inspection by OSHA's Andover Area Office found that the company inadequately trained employees to implement lockout/tagout procedures to protect workers who service or maintain dangerous machines. OSHA cited Andover Healthcare for similar hazards after a 2010 inspection. • Read the News Release
• Learn More About Lockout/Tagout Wrongful Termination under FMLA by Company in Phoenix Take Charge America Inc., a credit counseling company located in Phoenix, Ariz., has agreed to pay $29,000 to one employee who was wrongfully terminated under the Family and Medical Leave Act. An investigation by the Wage and Hour Division district office in Phoenix established that the employee was eligible for protection under the FMLA and had been approved for intermittent leave. The employer initially claimed that the employee's position had been eliminated when her department was restructured. However, in a review of the worker's most-recent performance evaluation, the employer explicitly referred to her FMLA absences as the reason for a lack of production, which ultimately led to her wrongful termination. Texas Farm Violated Child Labor, Overtime, Migrant Worker laws An investigation by the Wage and Hour Division into Tim Cooper Farm Enterprises LP, doing business as Cooper Farms and Cooper Farms Country Store in Fairfield, Texas, has led to the payment of more than $122,000 in back wages and penalties. Violations include breaches of the child labor, minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act and provisions of the Migrant and Seasonal Agricultural Worker Protection Act. The employer allowed four minors under 18 years old to drive a box truck that exceeded 6,000 pounds on public roads. Cooper Farms also paid employees less than the current federal rate of $7.25 per hour. • Read the News Release Illinois Pet Food Manufacturer fined $254,000 The Occupational Safety and Health Administration has again cited All-Feed Processing and Packaging Inc. for willful and repeat violations for exposing workers to combustible and respiratory dust hazards. In addition to creating an explosion hazard, the plant's high concentration of airborne dust could cause workplace-induced asthma and other illnesses. The Galva, Ill.-based company was cited for willful electrical and equipment violations for failing to provide approved equipment for working near combustible dust. OSHA initiated an inspection in November 2013 after a complaint and found one repeat and five willful violations. OSHA has proposed penalties of $254,000 for the pet food manufacturer, which remains in OSHA's Severe Violator Enforcement Program. • Read the News Release Ohio Company Fined for Exposing Workers to Amputation Hazards Kobelco Stewart Bolling Inc., which manufactures industrial machinery, has been cited for 13 safety and health violations by the Occupational Safety and Health Administration. Proposed penalties for violations at the company's Hudson, Ohio, facility total $139,000. OSHA's investigation was initiated following a worker complaint, and revealed repeat violations of machine guarding standards, which protect workers from lacerations, caught-in and amputation hazards. Three repeat violations were cited for: inadequate lockout/tag out procedures to protect workers who service or maintain machines from moving machinery parts, exposing workers to unguarded equipment and not labeling chemical containers. • Read the News Release Discipline of Southwestern Bell Workers Prompts Lawsuit The department has filed a lawsuit against Southwestern Bell Telephone Co. on behalf of four employees who were subjected to disciplinary action and unsatisfactory performance appraisals for reporting workplace injuries that occurred in Missouri and Kansas in 2011 and 2012. The complaint alleges that in four separate incidents, employees of Southwestern Bell were disciplined and/or given unsatisfactory performance appraisals. The company alleged that each employee violated a corporate workplace safety standard. But an investigation by the Occupational Safety and Health Administration found that the company's actions were a result of workers reporting their injuries. • Read the News Release Chicago Painting Company Exposed Workers to Lead, Fall Hazards Fortune Painting Co. Inc. has been cited for 25 violations by the Occupational Safety and Health Administration, including willful and repeat violations for exposing workers to dangerous levels of lead from paint. OSHA also cited the company for failing to protect workers from serious fall hazards while restoring a home in Wilmette, Ill. The Lincolnwood-based company has an extensive history of OSHA violations and faces proposed penalties of $159,390 after the most recent investigation. • Read the News Release | | | | Previous Issues | Follow us on Twitter | Subscribe | Send Feedback | Unsubscribe | | U.S. Department of Labor, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210
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