Thursday, June 26, 2014

Fwd: The DOL Newsletter - June 26, 2014: Working Families; Jobs Jam; Homeless Veterans Grants



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From: United States Department of Labor <subscriptions@subscriptions.dol.gov>
Date: Thu, Jun 26, 2014 at 6:39 PM
Subject: The DOL Newsletter - June 26, 2014: Working Families; Jobs Jam; Homeless Veterans Grants
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United States Department of Labor

DOL News Brief
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June 26, 2014
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By The Numbers By The Numbers: More than 40% of mothers are now the sole or primary source of income for the household (vs 11% in 1960)

Work In Progress: The Best of Our Blog

Each week, this space will bring you the best from our (Work in Progress) blog.

40 and Counting: As the Employee Retirement Income Security Act of 1974 turns 40, Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi recounts the story of the closing of the Studebaker-Packard Corp. manufacturing plant in 1963, which left workers with a fraction of the pensions they earned and spurred the enactment of the law.

#IHaveRights — Protecting Teens at Work: In 2012, more than 170,000 young workers were injured and 361 were killed on the job. Here, Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels writes about OSHA's efforts to help teens, their parents, and their employers understand that these injuries and deaths are preventable when workers receive the proper training and protections.

In Case You Missed It: After the first White House Summit on Working Families, people all across the country joined the online conversation about what working families need using the hashtag #FamiliesSucceed.


DOL A to Z
Q: QDRO

This week's phrase is Qualified Domestic Relations Order. Often used as part of a divorce settlement, a QDRO typically establishes a former spouse's right to receive a designated amount of his or her spouse's individual retirement account balance or pension benefit payment.

Learn About Qualified Domestic Relations Order
See All the A-Z Terms


Books that Shaped Work in America

The LGBT Struggle for Equality

June is Pride Month and the department's Books that Shaped Work in America project is highlighting books that explore the relationship between work and the LGBT experience. New additions to the list, which include Armistead Maupin's "Tales of the City" and Brian McNaught's "Gay Issues in the Workplace," show how members of the LGBT community advocated for greater protections against discrimination and harassment while demonstrating the benefits of a more diverse and inclusive workplace.

Read the Blog Post
Read the News Release
View Books that Shaped Work in America


Networking in Maryland

Deputy Secretary Chris Lu (left) talks with Rep. Steny Hoyer at the 3rd annual 'Nine Innings of Networking' Southern Maryland Hiring Event, June 23. Click for a larger photo.

More than 60 businesses set up booths to interview job seekers at a "Nine Innings of Networking" event on June 23 at the Regency Furniture Stadium in Waldorf, Md. Deputy Secretary of Labor Christopher P. Lu and Rep. Steny Hoyer were among the featured speakers. Organizers for the event included the Job Match Re-Employment Project, which seeks to bring job resources to the unemployed. In his remarks, Lu praised the workforce partnerships in Southern Maryland for helping people get the skills and training they need to compete for the jobs of today and tomorrow. "The business of government is opportunity," Lu said. "We have a duty to make sure everyone has the opportunity to climb the ladder of success."


Higher Wages Boost Communities

Wage and Hour Administrator Dr. David Weil addresses the jobs, education and the workforce committee at the U.S. Conference of Mayors meeting in Dallas, Texas, June 21, 2014. Pictured (L-R): Mayor Tim Willson of Brooklyn Center, Minn.; WHD Administrator Weil; Mayor Oliver G. Gilbert, III, Miami Gardens, Fla.  Click for a larger photo.

The Labor Department is committed to improving the well-being of working families and businesses across the country, Wage and Hour Division Administrator Dr. David Weil told the nation's mayors at their annual meeting on June 21 in Dallas. Speaking before the Jobs, Education and the Workforce Committee of the U.S. Conference of Mayors, Weil said that ensuring work pays is a fundamental path to achieving that goal, explaining that President Obama's proposal to raise the national minimum wage from $7.25 per hour to $10.10 per hour would lift two million people out of poverty. "No one who works full time should have to raise their families in poverty," he said. Weil also told the mayors that the department is examining and updating who qualifies for overtime pay. The overtime rules that establish the 40-hour workweek, a linchpin of the middle class, have eroded over the years, he said. "By updating who qualifies for overtime pay, we are expanding opportunity and rewarding hard work," Weil told the committee.

Read Weil's Blog Post
Read San Francisco Mayor Lee's Blog Post


Advisory Committee on Veterans

Assistant Secretary of Labor for Veterans' Employment and Training speaks at the Advisory Committee on Veterans' Employment Training and Employer Outreach meeting June 25. Click for a larger photo.

The Secretary's Advisory Committee on Veterans' Employment Training and Employer Outreach met on June 25 to discuss the improving jobs outlook for veterans and the job placement services transitioning military service members receive at American Job Centers. Keith Kelly, assistant secretary of labor for veteran's employment and training, said that with the country facing a wave of returning service members, "We need to expand employment opportunities to help veterans find their economic footing." VETS staff members briefed the committee on the status of the Transition Assistance Program and changes in duties associated with Local Veterans Employment Representatives and Disabled Veterans' Outreach Program specialists who staff almost 2,500 AJCs nationwide. The ACVETEO is required by law to submit a report by Dec. 31 to Congress and the secretary with recommendations on improving training and employment needs of veterans.


Diversity in the Tech Industry

Office of Federal Contract Compliance Programs Regional Director for the Pacific Region Janette Wipper discusses the need for diversity in the tech industry while delivering remarks at the Diversity in Tech 2 event at the Oracle Conference Center in Redwood, Calif., on June 23. Click for a larger photo.

Diversity in Tech 2, held in Redwood, Calif., focused on increasing job opportunities for veterans and individuals with disabilities in the fields of science, technology, engineering and math. Representatives from technology companies, universities and professional organizations discussed best practices for increasing diversity within the high-tech industry. The Office of Federal Contract Compliance Programs in San Francisco, in partnership with Oracle and the Silicon Valley Business Leadership Network, held the second annual event at the Oracle Conference Center in Redwood, on June 23. Oracle's co-president and chief financial officer Safra Catz welcomed attendees, and OFCCP's regional director for the Pacific Region Janette Wipper delivered opening remarks.


Job Fair for Veterans

Office of Federal Contract Compliance Programs compliance officers (left to right) Ed Cunningham, Lauren Andre and Andrea Diangco provide information to attendees at the agency's co-hosted job fair for veterans held in Kent, Wash., on June 19. Click for a larger photo.

Approximately 130 veterans participated at a job fair co-hosted by the Office of Federal Contract Compliance Programs on June 19 in Kent, Wash. OFCCP's Seattle representatives provided technical assistance at a parallel seminar held for federal contractors on labor issues and regulations regarding disability and veterans. The job fair was co-hosted by the Veterans' Employment and Training Service, the Department Of Veterans Affairs, Washington National Guard, U.S. Army, and Employer Support of the Guard and Reserve.


Empowering Minority Women

Motivating, organizing, vocalizing and empowering was the theme of this year's National Organization of Black Elected Legislative Women's Annual Legislative Conference in Biloxi, Miss. Women's Bureau Deputy Director Joan Harrigan-Farrelly participated in a panel on June 20, "The State of Black Women in America — Working Together to Find Common Solutions." Harrigan-Farrelly highlighted economic and workforce challenges facing minority women and efforts taken by the department to address those challenges and improve the quality of life for women of color.

Read the Fact Sheet


'On Farm' Training

Wage and Hour Division Assistant Director Michele King (left) and WHD Investigator Anthony Delgado address farmworkers and growers at the North Carolina Department of Labor's and Health Bureau's 'On Farm' training. Click for a larger photo.

Tobacco growers and farmworkers participated in the North Carolina Department of Labor Agricultural Safety and Health Bureau's "On Farm" training sponsored by RJ Reynolds America. Topics discussed at the June 24 training in Henderson, N.C., included green tobacco sickness, heat safety, housing standards, child labor and the Migrant and Seasonal Agricultural Worker Protection Act. The Wage and Hour Division provided educational materials and answered questions.

Learn About Agricultural Employment


Partners for Construction Safety

Bonita Winingham, Occupational Safety and Health Administration's area director in Omaha and Kenneth Mar, of Habitat for Humanity-Omaha shake after signing a partnership agreement to protect workers on building sites. Click for a larger photo.

Habitat for Humanity-Omaha and the Occupational Safety and Health Administration have established a partnership to provide a safe and healthful work environment for employees, volunteers and subcontractors involved in residential construction projects. The partnership will include a requirement for any person working on a construction site to receive a site-specific construction safety orientation addressing hazards and safety procedures. "This partnership will develop and implement a comprehensive safety and health management system for Habitat for Humanity sites, including a heat illness prevention policy and a fall protection program," said Bonita Winingham, OSHA's area director in Omaha.

Read the News Release


Belizean Worker Alliance

Consul General of Belize Roland H. Yorke (left) and Wage and Hour Division's regional administrator in the Western Region Ruben Rosalez shake hands after committing to collaborate to inform and educate Belizean workers in the United States on their labor rights. The signing of an agreement took place at the Consulate General of Belize in Los Angeles on June 19. Click for a larger photo.

The Wage and Hour Division in Los Angeles has formalized an agreement with the Consulate General of Belize to inform and educate Belizean workers across the United States on the laws enforced by the division. Under the agreement, the division and the consulate will provide Belizean nationals in Southern California, Nevada, Arizona, New Mexico and Texas with labor-related information to increase their knowledge and their rights as workers in the United States. "I am honored to be working with the U.S. Department of Labor's Wage and Hour Division to get the message out to the Belize community that they should speak up when they have been victimized by labor abuse," said Consul General of Belize Roland H. Yorke at the signing ceremony on June 19. "This agreement is a start and the first of its kind with the Belize government in the country."


Reaching Out on Hiring Rules

Engaging disability advocacy organizations is important to implementing the Office of Federal Contract Compliance Programs' Section 503 and Vietnam Era Veterans' Readjustment Assistance Act final rules. On June 23, OFCCP Special Assistant Claudia Gordon delivered a keynote address to more than 100 advocates from across the country at a United Spinal Association conference in Washington, D.C. Later that day, she addressed more than 200 Easter Seals staff, volunteers, board members and clients at the Easter Seals 2014 Advocacy Summit. At both events, Gordon highlighted key aspects of the new rules, which became effective on March 24. She discussed hiring goals for veterans and individuals with disabilities, as well as new voluntary self-identification and data-collection requirements, and the role of advocacy groups in successful implementation.

Read About the Section 503 Rule
Read About the VEVRAA Rule


Low-Wage Worker Outreach

The Wage and Hour Division continues to expand its efforts to increase awareness of labor rights and resources available to low-wage workers. Members of the Sacramento, Calif., district office met with representatives of Proteous Inc. in Visalia on June 17 to advance community outreach. Proteous receives grants from private, state and federal entities to provide job services and assistance with housing, food, health care and child care to farmworkers and other low-income residents in the counties of Fresno, Kings, Kern, Tulare and Los Angeles.


Wage Training in San Jose

The Wage and Hour Division conducted a Fair Labor Standards Act training for residential care home owners in San Jose, Calif., on June 20. The training offered employers hands-on guidance on how to keep accurate records, pay the proper wage, and comply with overtime compensation, as required. Approximately 100 attendees received the training.

Learn About FLSA Compliance


Do It Right the First Time

Educating employers about their responsibilities to pay their workers properly, protect their retirement and health benefits and safeguard them against workplace injuries and illnesses was the goal of "How to Do It Right the First Time," a compliance seminar held on June 20 at MassBay Community College in Wellesley, Mass. Speakers from six department agencies answered questions from 85 representatives of southern New England employers.

Learn About Laws and Regulations


Weekly UI Claims

The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance claims was 312,000 for the week ending June 21, a decrease of 2,000 from the previous week's revised level. The four-week moving average was 314,250, up 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

July 10 — Oklahoma City, OK

EBSA — Health Benefits Laws Compliance Assistance Seminar

July 8 — Louisville, KY
July 9 — Louisville, KY

OASAM — Good Faith Efforts, Exceptional Results!

July 15 — Birmingham, AL

OFCCP — Developing Written Affirmative Action Programs

July 16 — Columbus, OH

OFCCP — Essentials of the Affirmative Action Program

July 15 — Chicago, IL

OFCCP — Everything You Wanted to Know About Adverse Impact

July 10 — Omaha, NE

OFCCP — What to Expect During an OFCCP Audit

July 15 — Atlanta, GA
July 15 — Jackson, MS

OFCCP — Reasonable Accommodation in the Workplace

July 11 — Chicago, IL

OLMS — Compliance Assistance Seminar

July 15 — Charlotte, NC


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What's New

'This is a Movement, Not a Moment'

President Barack Obama described how flexible workplace policies benefited his family after the births of his daughters. View the slideshow.

"In order to make good on President Obama's promise of opportunity to all... in order to strengthen the middle class and restore America's basic bargain... we must tackle these issues that are on the minds of all working families," said U.S. Secretary of Labor Thomas E. Perez at the June 23 Summit on Working Families. The summit, hosted by the White House, Department of Labor and Center for American Progress, brought more than 1,200 business leaders, economists, labor leaders, legislators, advocates and workers to Washington, D.C., to talk through issues facing America's working families. Participants discussed the benefits of paid sick days, paid caregiving leave, a fair minimum wage and affordable child care. President Obama's remarks emphasized family-friendly workplace policies, and he declared that paid family leave and affordable child care "are not frills, they are basic needs." Other speakers included First Lady Michelle Obama, Vice President Biden, Dr. Jill Biden, senior advisor to the president Valerie Jarrett, author and activist Gloria Steinem, and "Mad Men" actress Christina Hendricks. To wrap up the event, Jarrett tweeted, "This is a movement, not a moment. Time to go back home and help our #FamiliesSucceed."

Watch the Summit Video
View the Slideshow
Read the Blog Post

Brainstorming at the White House 'Jobs Jam'

U.S. Secretary of Labor Thomas E. Perez and Vice President Joe Biden participate in the brainstorming session during the White House 21st Century Jobs Jam on June 25. Click for a larger photo.

As part of the Obama administration's commitment to ensure federal job training programs are meeting the needs of workers and employers, approximately 60 leaders in the science and technology industry gathered at the White House on June 25 for a "21st Century Jobs Jam." Secretary Perez, along with Vice President Biden, joined the brainstorming session, during which technology and thought leaders discussed the development of new ways to disseminate publicly available labor market data through more user-friendly online tools. Participants will regroup in a few months to report on their progress to the vice president and the secretary.


National News

$155 Million in Grants Announced for Job-Driven Training Programs

Matching job seekers with employers who are hiring is critical to an economy that provides opportunities for all. On June 26, the department awarded nearly $155 million in grants to 32 states, Puerto Rico and the Cherokee tribal nation through the Job-Driven National Emergency Grant competition. Secretary Perez and Commerce Secretary Penny Pritzker announced the grants, which will help workers who lost their jobs through no fault of their own. The grants will help states provide opportunities for on-the-job training, Registered Apprenticeships or other occupational training that results in an industry-recognized credential. Funding also will provide dislocated workers with career coaching and career counseling, as well as assistance with job placement in high-demand industries. "We know that job-driven training programs work, and that they're often the best way to provide real ladders of opportunity. Today's awards will help states establish or expand programs that can change peoples' lives," said Perez.

Read the News Release
Read the Blog Post

$36 Million to Train Homeless Veterans Is 'Our Moral Duty'

Grants totaling more than $36 million have been awarded to 156 organizations nationwide to provide more than 12,000 veterans with training to help them succeed in civilian careers. "These job training programs will provide the skills that veterans require to find and keep a job and secure housing," said Secretary Perez. "The progress made in recent years to reduce veterans' homelessness is encouraging, but it remains our moral duty to do all we can to honor our veterans with the dignity of a good job and opportunities to build a solid middle-class life for their families." The grants include approximately $9 million for 37 new grantees to provide job-driven training, in which they will actively engage with employer partners to identify the skills needed for in-demand jobs and careers. They also will provide job placement, career counseling, life skills and money management mentoring, as well as help in finding housing.

Read the News Release

Proposal to Extend FMLA Leave Benefits to All Families

As part of President Obama's directive to Cabinet agencies to ensure that the Supreme Court's decision in U.S. v. Windsor is fully implemented, the department announced a proposed rule that would extend the protections of the Family and Medical Leave Act to all eligible employees in legal same-sex marriages, regardless of where they live. "The basic promise of the FMLA is that no one should have to choose between succeeding at work and being a loving family caregiver," said Secretary Perez. "Under the proposed revisions, the FMLA will be applied to all families equally, enabling individuals in same-sex marriages to fully exercise their rights and fulfill their responsibilities to their families." The proposed rule, announced on June 20, would change the FMLA regulatory definition of "spouse" so that an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse or family member regardless of the state in which the employee resides. Millions of workers and their families have benefited from the FMLA's provisions, which entitle eligible employees to take unpaid, job-protected leave for specified family and medical reasons.

Read the News Release
Read the Blog Post
Learn About the Proposed Rule

$4 Million in Funding for Disability Employment

Nearly $4 million in funding is available to improve education and employment for people with disabilities, the Office of Disability Employment Policy announced on June 26. "Employers want the best from their employees," said Kathy Martinez, assistant secretary of labor for disability employment policy. "A key strategy is to adopt workplace policies and practices that encourage people to bring their best selves, their whole selves, to work." The department is offering $1.85 million to fund a cooperative agreement to manage and operate the National Employer Policy, Research and Technical Assistance Center on the Employment of People with Disabilities, and $2 million to fund efforts to improve post-secondary education and employment opportunities for youth with disabilities.

Read the Technical Assistance News Release
Read the Post-Secondary News Release
Learn About the Grants

Expanding Opportunities for Women in Nontraditional Careers

Creating training opportunities for women so that they may compete for skilled jobs is critical to the future of our nation. To that end, the department on June 24 announced that $1.9 million in grants will be made available through the Women in Apprenticeship and Nontraditional Occupations program. The initiative is designed to recruit, train and retain women in high-skill occupations in a number of industries, including advanced manufacturing, transportation, energy, construction and information technology. "The federal funding announced today will go to organizations that are working to break down barriers for women in nontraditional fields and will help them enter Registered Apprenticeship programs that lead to long-term employment and middle class wages," said Portia Wu, assistant secretary of labor for employment and training.

Read the News Release

Grants to Expedite Re-Employment Awarded to States, Territories

The department awarded nearly $69 million on June 24 to 37 states, Puerto Rico, the U.S. Virgin Islands and the District of Columbia to develop or expand re-employment and eligibility assessments for Unemployment Insurance beneficiaries. The funding will be used to conduct in-person assessments at American Job Centers. These assessments include the development of an individual re-employment plan for each claimant; the provision of labor market information that is appropriate to the claimant's location, job skills and employment prospects; a complete review of the claimant's eligibility for UI benefits; and a referral to the relevant re-employment or training services provided by the American Job Center. "Offering newly unemployed Americans access to a full array of job training and placement services will help to reduce time spent between jobs," said Secretary Perez.

Read the News Release

Jobs + Freedom = Opportunity

Secretary of Labor Thomas E. Perez walks across the stage at the annual conference of the National Association of Latino Elected and Appointed Officials in Coronado, California,  June 26. Click for a larger photo.

With the 50th anniversary of the 1964 Civil Rights Act next week, Secretary Perez highlighted the links between civil rights and labor rights in his June 26 address at the annual conference of the National Association of Latino Elected and Appointed Officials. Civil rights leaders in the 1960s were pushing not only to end racial discrimination, but also economic injustice, Perez said. Speaking of those who participated in the March on Washington for Jobs and Freedom, he noted, "They were marching for fair and equal access to good jobs and decent wages. They were marching for the opportunity to strive for the American Dream, without unjust barriers." Perez added that, today, despite great progress, work continues on breaking down barriers to opportunity.


International Scene

Delegations from Japan, South Korea Focus on Working Women

The Women's Bureau hosted women leaders from Japan and South Korea at department headquarters on June 25, as part of the State Department's International Visitor Leadership Program. The participants, who also attended the White House Summit on Working Families, discussed topics of interest and concern for working women, including leave, workplace flexibility, child care and retention of women in the labor force. Women's Bureau Director Latifa Lyles was joined by Mark Mittelhauser, associate deputy undersecretary for the Bureau of International Labor Affairs, who talked about U.S. efforts to fulfill G20 goals for equality for working women.


Take Three: Policies for Working Families

At the June 23 White House Summit on Working Families, Secretary Perez joined President Obama and others in urging the adoption of policies — including paid family and medical leave, workplace flexibility, and affordable child and elder care — that can help workers balance the demands of work and family. Latifa Lyles, director of the Women's Bureau, answers three questions on family — and business-friendly workplace policies.

How common are paid leave programs? Nearly every country on the planet offers some form of mandatory paid parental leave. In fact, the United States is the only industrialized nation in the world that doesn't offer it. As the president remarked on Monday: "It's time to change that, because all Americans should be able to afford to care for their families." Within the country, three states — California, New Jersey and Rhode Island — offer paid parental leave, and 11 percent of private-sector employers offer some form of paid family leave. While the Family and Medical Leave Act guarantees 12 weeks of unpaid leave, it only covers about 60 percent of the U.S. workforce. And many workers report being reluctant to take leave because they can't afford the economic or professional consequences.

Why would a business want to pay its employees while they are on leave? Research shows that policies that support families aren't just good for workers, they're good for business. Companies that offer increased flexibility report benefits that offset or surpass the upfront costs. At the summit, we heard a panel of business leaders describe how paid leave and flexibility have resulted in greater productivity, recruitment of talented workers, lower turnover and replacement costs, reduced absenteeism and improved morale — all of which translate to lower costs and higher profits.

Who would benefit from these policies? A recent Nielsen survey found nearly half of all working men and women have reported that job demands interfere with their family life sometimes or often, and 52 percent believe a more flexible schedule would improve their work. Studies have found stock increases correlating with company announcements of new work-life balance policies. And a new report released by the White House's Council of Economic Advisers at the summit pointed out that paid leave contributes to higher labor force participation, which results in a stronger economy.

Read the Fact Sheet
Watch the "Business Case" Panel
Read the CEA Report


News You Can Use

Safety for Teens on the Job

A U.S. Teen gets hurt on the job every 9 minutes. Click to read the blog post.

Every nine seconds a young American worker is injured on the job, making employees under 25 twice as likely to get hurt at work. For this reason, Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels joined teenagers from Boston, Philadelphia and San Francisco on June 23 for a media teleconference. Teens Lead @ Work, an education program, provides peer-mentor-led training sessions for workers 16-to-25 years old on their rights in the workplace. It was established with a Susan Harwood Safety Training Grant and created in response to the deaths of teenage workers in the retail industry.

Visit OSHA's Site for Young Workers
Read Dr. Michaels' Remarks


Around DOL

Peace Corps Director Meets Former Volunteers

Members of Returned Peace Corps Volunteers and Friends at Labor take a photo with Peace Corps Director Carrie Hessler-Radelet and Deputy Secretary Chris Lu (both seated center). Click for a larger photo.

More than a dozen members of the group Returned Peace Corps Volunteers and Friends at Labor gathered on June 24 to meet with recently confirmed Peace Corps Director Carrie Hessler-Radelet. "I am always thrilled to see how many former volunteers work in federal government," Hessler-Radelet told the group, which was joined by Deputy Secretary of Labor Christopher P. Lu. She went on to say that one of her priorities is demonstrating the value of the program to taxpayers and ensuring that a "dollar spent in Peace Corps is the very best investment." Department staff who attended served in 14 countries over a span of more than 40 years. RPCV and Friends at Labor currently has 62 members.


DOL Working for You

Workers Speak Up and an Investigation Recovers Back Wages

Elmer Hernandez, employee of Recycling Innovation; Los Angeles Wage and Hour Division Investigator Xin Lee; Recycling Innovation employee Alberto Hilario. April 24, 2014. Click for a larger photo.

Elmer Hernandez and Alberto Hilario are finally receiving the pay to which they are entitled, thanks to their courage to confront their employer and the work of Wage and Hour investigator Xin Lee and technician Carolina Ferniza. The two men are among 13 employees of Recycling Innovation in Southern California, for whom the agency found a total of $77,000 in back wages and liquidated damages after determining they were illegally denied the minimum wage and overtime pay. The case is particularly significant given that the business owner, Karim Ameri, had threatened workers with physical harm if they cooperated with the investigation. The department successfully secured a temporary restraining order against Ameri to prevent him from retaliating against Hernandez, Hilario and their coworkers. Lee, an immigrant from mainland China, said she could easily relate to the two men who were susceptible to wage violations because of the language barrier and a lack of sufficient knowledge of their rights. Ferniza, one of 700 multilingual Wage and Hour staff members, successfully communicated with the workers in Spanish. Angelica Salas, executive director at the Coalition for Humane Immigrant Rights of Los Angeles, which advocated on behalf of the workers, hailed the results of the investigation. "The successful outcome on this case is directly linked to the courage of workers who refused to remain silent under abusive conditions," she said.

Read the News Release


DOL in Action

Restaurant Used Tip Pool to Cover Business Costs, Investigation Finds

Big Texan Steak Ranch restaurant agreed to pay back $650,000 in minimum wage back wages and $150,000 in liquidated damages to 279 current and former wait staff following an investigation by the Wage and Hour Division. The investigation found violations of the Fair Labor Standards Act's minimum wage and record-keeping provisions. Violations stemmed from an illegal tip pooling arrangement at the restaurant in Amarillo, Texas. The investigation found that Big Texan illegally retained a portion of the restaurant workers' tips to pay for business costs, such as menus, glassware, trays and contest prizes.

Read the News Release

Former Managing Director of Investment Advisory Firm Sentenced

Joseph Lombardo, founder and managing director of Prim Capital Corp., has been sentenced to 18 months in prison, three years of supervised release, and fined $10,000 for mail fraud and conspiracy to obstruct justice. In November 2013, Lombardo pleaded guilty to attempting to defraud the National Basketball Players Association of $3 million through the use of a fraudulent retention contract. Lombardo's co-conspirator, Carolyn Kaufman, a principal of Prim Capital Corp., also was recently sentenced to six months of home confinement with monitoring, three years of probation, 500 hours of community service, and fined $25,000. A joint investigation by the Office of Labor-Management Standards and the Office of Inspector General found Lombardo created and used a signature stamp of a deceased players association official on the fraudulent contract.

Read the Justice Department News Release

Potential Fire and Explosion Dangers Found at Mining Operation

During special impact inspections in May, enforcement personnel from the Mine Safety and Health Administration issued 172 citations, 21 orders and two safeguards at 10 coal mines and two metal and nonmetal mines around the country. On May 13, inspectors visited BCJ Sand and Rock Inc. in Butte County, Calif., and found a number of hazardous conditions. The mine operator was cited for failing to properly store an oxygen cylinder, which created a potential fire or explosion hazard. The mining company also continued production operations in the face of an unwarrantable failure order that had not been abated, and it allowed miners to clean the tail pulley of the main feed conveyor while the belt was in motion, a hazard that can injure or kill miners.

Read the News Release

Laid-off Maine Workers Receive Additional Assistance

Supplemental emergency grant funding of $157,430 will continue employment-related services to laid-off workers at the Maine Military Authority in Limestone, Maine. The funds are being awarded to the Maine Department of Labor to aid in the delivery of re-employment and retraining services. "Access to employment services through Labor Department funding is crucial to helping them succeed in today's challenging labor market," said Assistant Secretary of Labor for Employment and Training Portia Wu.

Read the News Release

Teaming Up With the Colorado Roofing Industry to Avert Falls

The residential roofing industry in Denver and area communities, including Pueblo and Colorado Springs, Colo., is being cited in record numbers for failing to keep workers safe by providing necessary fall prevention equipment and training. In addition to its outreach efforts on fall prevention, the Occupational Safety and Health Administration has teamed up with various organizations, including the Colorado Roofing Association and the Better Business Bureau. "In the past six months, we have received 63 complaints related to unsafe work practices, and this is the beginning of the roofing season. The cost of providing fall prevention equipment is nominal compared with the cost of a senseless loss of life and livelihood," said David Nelson, OSHA's area director in Englewood.

Read the News Release

Insulation Manufacturer Faulted on Safeguards for Caustic Chemicals

Industrial Insulation Group LLC, in Phenix City, Ala., was cited for five safety and health violations following an inspection by the Occupational Safety and Health Administration. The violations included failure to protect workers from the dangers of caustic chemicals; provide eye and body wash showers for employees working with formaldehyde; and provide training on safety and health hazards of formaldehyde. OSHA began its inspection after receiving a complaint in January concerning hazardous working conditions. Proposed penalties total $41,800.

Read the News Release

Electrical Hazards Found at Pennsylvania Poultry Plant

After a follow-up inspection that began last December, the Occupational Safety and Health Administration has cited Birdsboro Kosher Farms Corp. in Birdsboro, Pa., for violations at the company's kosher poultry processing facility. Investigators found that employees were exposed to electrical hazards, and the company lacked a hearing conservation program and machine guarding. Proposed penalties total $59,400. In 2012, OSHA conducted inspections at the site when it operated under the name of MVP Kosher Foods LLC.

Read the News Release

San Francisco Caregivers Owed $125,000 in Back Wages

Home care provider Damenik's Home Inc. has paid $125,000 in minimum wage and overtime back wages to 32 employees working at three different San Francisco Bay-area locations. An investigation by the Wage and Hour Division found the company in violation of the Fair Labor Standards Act's minimum wage, overtime and record-keeping provisions. Employees worked 60 hours per week on average but were paid rates as low as $5.77 per hour, with no regard to overtime compensation for hours worked beyond 40 in a workweek. "Residential care providers need to understand that they cannot evade the requirements of the law by paying caregivers a set salary for all hours worked," said Susana Blanco, director of the division's San Francisco District Office.

Repeat Violations Exposed Missouri Workers to Amputation Hazards

Construction Trailer Specialists has been cited by the Occupational Safety and Health Administration for 21 safety and health violations for failing to protect workers from amputation, electrical and other hazards. OSHA has proposed penalties of $82,390 for the Sikeston, Mo., company. Four repeat citations were issued for the lack of specific lockout/tagout procedures, lack of machine guarding and failure to implement a hearing conservation program. Similar violations were cited at the facility in 2010.

Read the News Release
Learn About Amputation Hazards

California Company Failed to Pay Minimum Wage, Investigation Finds

The Wage and Hour Division has recovered $62,215 in minimum wage and overtime back wages due to 15 workers employed by San Bruno, Calif.-based Cristina's Care Home for willful violations of the Fair Labor Standards Act. Investigators in San Francisco established that the company failed to pay the federal minimum wage of $7.25 per hour and overtime compensation to some employees who worked in excess of 40 hours in a workweek. Cristina's Care Home will also pay $4,620 in civil penalties for the willful and repeated nature of the violations.

Contractors for Federal Office in Hawaii to Pay $320,000 in Back Wages

The Wage and Hour Division found that California-based subcontractor RMA Land Construction Inc. and its Hawaii-based subcontractor RB Electric failed to pay proper prevailing wages and overtime to 48 electricians for construction work performed at the recently opened Federal Bureau of Investigation office in Kapolei, Hawaii. The contractors agreed to pay $319,939 for Davis-Bacon Act and overtime pay violations. "Employees on federally funded construction projects must be paid at least the occupational prevailing wages associated with their work and also stipulated in the prime contract," said Terence Trotter, the division's district director in Hawaii. Penrose/Walsh FBI Honolulu LLC was the prime contractor at the site.

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