Thursday, June 5, 2014

Fwd: The DOL Newsletter - June 5, 2014: Future of the Workforce; Income Inequality; Safety Stand-Downs at Smithsonian and Daytona Speedway



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Date: Thu, Jun 5, 2014 at 6:04 PM
Subject: The DOL Newsletter - June 5, 2014: Future of the Workforce; Income Inequality; Safety Stand-Downs at Smithsonian and Daytona Speedway
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United States Department of Labor

DOL News Brief
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June 5, 2014
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By The Numbers By The Numbers: In 2012, 570 workers lost their lives in preventable falls

Work In Progress: The Best of Our Blog

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

A Battle to Not Be Invisible: Following a roundtable on May 23 with Director of the National Economic Council Jeffrey Zients and 14 long-term unemployed workers from the Washington, D.C., area, Secretary Perez shares the stories he heard to show why it's so important that Congress renews Emergency Unemployment Compensation benefits.

UPS Partnership With Registered Apprenticeship Program Offers Employees Quality Assurance: In a guest post, Patrick O'Leary, the human resources and veterans affairs manager for UPS, describes his company's partnership with the department's Registered Apprenticeship program and the ways it helps the company develop a skilled workforce.

Promoting Good Mental Health for Today's Workforce — and Tomorrow's: Rhonda Basha, the leader of ODEP's Youth Policy Team, writes about the department's efforts to help people with mental illnesses contribute their considerable skills and talents to America's workforce.


DOL A to Z
O: On-the-job training

This week's phrase is the On-the-Job Training. Commonly referred to as OJT, on-the-job training is an effective way for workers to earn wages while obtaining the specific knowledge and skills needed to succeed at the job. OJT is a win-win for workers and employers alike. Workers get paid while gaining the specific skills that companies need.

Learn About On-the-Job Training
See All the A-Z Terms


A Commitment to Public Service

Deputy Secretary of Labor Chris Lu addresses Princeton University's 267th Baccalaureate service in Princeton, New Jersey, on June 1, 2014. Click for a larger photo.

More than 3,000 of Princeton University's graduating seniors and their family and friends were in attendance on June 1 for the university's 267th Baccalaureate service, which is one of the school's oldest traditions. The featured speaker for the interfaith service was Deputy Secretary of Labor Chris Lu, Princeton Class of '88. Lu drew on lessons from his father, an immigrant who arrived from China "with little money in his pocket and even fewer words of English in his vocabulary," to encourage graduates to make the most of their Princeton education by dedicating themselves to public service. "At its core, public service is a mindset," Lu said. "It is a commitment to address the problems of our time — and not simply pass those problems on to the next generation. It is a desire to reach beyond your circle of friends to help people whom you've never met."

Read Deputy Secretary Lu's Remarks


Ensuring a Fair Day's Pay

Wage and Hour Administrator Dr. David Weil delivers remarks at the annual meeting of Labor and Employment Relations Association. (Photo courtesy ofLabor and Employment Relations Association). Click for a larger photo.

Ensuring a fair day's pay for a hard day's work will be the primary mission of the Wage and Hour Division under the leadership of Dr. David Weil. The first person to hold the position of administrator in 10 years, Weil told the annual meeting of the Labor and Employment Relations Association that the agency must be positioned and prepared to meet that challenge. "Everything the Wage and Hour Division does should ultimately line up with how well we are delivering on that mission through the range of tools available to us," said Weil. "Those tools include outreach, education, enforcement, regulation, litigation, and transparency." Weil said that the department is committed to ensuring the agency has the resources needed to do its job, and that work also continues on expanding protections for home care workers, modernizing overtime rules, and increasing the minimum wage for federal contract workers. The annual meeting of the LERA, held this year in Portland, Ore., on May 29, brings together representatives from labor, management, government and academia and worker advocates.


Rochester Roundtable

Women's Bureau Director Latifa Lyles (left) and Jean Carroll, president & CEO of the Rochester YWCA, joined to discuss the needs of working families in Rochester, N.Y., at a roundtable on June 4. The forum is one of many events leading up to the White House Summit on Working Families June 23 in Washington, D.C. Click for a larger photo.

Working parents, labor organizations and community groups joined to discuss the needs of working families at a roundtable in Rochester, N.Y., on June 4. The roundtable, part of a national initiative taking place on June 23 in Washington, D.C., focused on strengthening workplaces to better support families, was held by the Women's Bureau and the YWCA of Rochester & Monroe County. "The Women's Bureau wants Rochester's needs to be part of a national conversation on the needs of working families," said Latifa Lyles, director of the Women's Bureau. Topics addressed at the roundtable included the minimum wage, child care and higher-quality jobs.

Read About the White House Summit
Learn About the Women's Bureau


Focus on Workforce Innovation

As part of the department's efforts to improve federal job training programs, the Employment and Training Administration has organized a stakeholder engagement series titled "Eye on the Workforce Innovation Fund." This effort is aimed at encouraging dialogue and peer learning within the public workforce system. On June 4, Assistant Secretary of Labor for Employment and Training Portia Wu and Deputy Assistant Secretary Eric Seleznow moderated the second session in the series. More than 400 participants from across the country participated in the webinar event, "Advancing System Alignment and Career Pathways Innovations." It highlighted promising practices from three Workforce Innovation Fund grantees: the City and County of Los Angeles, Washington state and Rhode Island.

Learn About the WIF Grantee Engagement Series


Uniting for Workers

Signing on behalf of the Wage and Hour Division was Gulf Coast District Director Kenneth Stripling and on behalf of Philippines Consulate were First Secretary and Consul Arlene Tullid-Magno. Click for a larger photo.

The Wage and Hour Division has entered into an agreement with the Embassy of the Philippines to expand access to education on the rights of workers under U.S. laws. They include the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, and the employment programs under the Immigration and Nationality Act. A signing ceremony was held on May 30 in Birmingham, Ala. "This agreement is critical in establishing a cooperative relationship to ensure that workers in this country, regardless of nationality, are informed of their protections under the law," said Kenneth Stripling, the Wage and Hour Division Gulf Coast district director. Organizations in attendance included the Philippine-American Association of Alabama, the International Society of Huntsville and the International Services Council of Alabama.


Assisting Families in Idaho

WHD's investigator Scott Cahoon is ready to provide assistance to attendees at La Familia-Cimiento para la Eternidad convention in Caldwell, Idaho. View the slideshow for more images and captions.

Nearly 600 people attended the La Familia-Cimiento para la Eternidad convention hosted by Sal y Luz Spanish-language radio in Caldwell, Idaho, on May 31. Staff from the Wage and Hour Division in Boise distributed Spanish-language resources and provided information and assistance to workers with inquiries related to their wages. Sal y Luz promoted the Employment, Education and Outreach partnership's worker assistance program, as well as the hotline available to Hispanic workers in Idaho. "We are firmly committed to reaching out to workers to ensure that they are better equipped in understanding what their rights are under the law," said Jeffrey Genkos, the division's district director in Portland, Ore.

WHD Resources for Workers
View the Slideshow


San Antonio Diversity Symposium

Bringing employers together with job-seeking veterans and individuals with disabilities was the objective of the Alliances Helping Employers Achieve Diversity Symposium and Job Fair in San Antonio, Texas. View the slideshow for more images and captions.

Bringing employers together with job-seeking veterans and individuals with disabilities was the goal at the recent Alliances Helping Employers Achieve Diversity Symposium and Job Fair in San Antonio, Texas. The Office of Federal Contract Compliance Programs' San Antonio District Office planned and participated in this second annual event, which drew 60 employers and 125 local area job seekers armed with resumes. OFCCP staff distributed information about disability and veterans' rights, including revised regulations under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

Read the News Release
View the Slideshow


Veterans Hiring Fair

The Veterans' Employment and Training Service hosted a hiring fair on June 4 for veterans conducted by the Washington Metropolitan Area Transit Authority. View the slideshow for more images and captions.

The Veterans' Employment and Training Service hosted a hiring fair on June 4 for veterans seeking employment with the Washington Metropolitan Area Transit Authority. Terry Gerton, VETS' assistant secretary for policy, welcomed job seekers and reminded them they can get career guidance and employment help at any of the 2,500 American Job Centers nationwide. Lane Williams, the director of Veterans Employment and Training for the District of Columbia, told the audience that employers need the skills veterans can bring to the workplace. Maurice Blue, WMATA's senior sourcing officer-military recruitment, noted that his agency is conducting testing for veterans seeking positions with the Metro Transit Police Force.

View the Slideshow


A Strategy to Protect Workers

Wage and Hour Division Administrator Dr. David Weil (left) highlights the work done by advocacy groups during a meeting in Portland on May 30. The meeting was attended by advocacy groups such as Pineros y Campesinos Unidos del Noroeste. The organization's executive director, Ramon Ramirez (right), listens to Dr. Weil. View the slideshow for more images and captions.

The most vulnerable workers are not necessarily the ones who will initiate wage violation complaints. Wage and Hour Division Administrator Dr. David Weil made that point while speaking to worker advocacy groups and others in Portland, Ore., on May 30. Efforts to combat wage violations and address other worker rights issues must begin with a sound strategy, Weil said. "In a changing 21st century economy, it begins with a strategy of changing the incentives for compliance through strategic focused enforcement and outreach to stakeholders," said Weil. He also solicited input from meeting participants as to how the division, labor advocates and government agencies can work together to better meet those challenges moving forward.

View the Slideshow


Contractor Update at Philly Airport

Isabel DeOliveira, Occupational Safety and Health Administration regional compliance assistance specialist in Philadelphia, explains the agency's safety requirements and standards to nearly 40 contractors currently involved in construction, or preparing to bid for contracts, at the Philadelphia Airport. View the slideshow for more images and captions.

Approximately 40 contractors gathered at the Philadelphia International Airport on June 4 for a compliance assistance workshop offered jointly by the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. The attending contractors, who potentially represent 500 workers, are either currently working on a project involving the expansion and modernization of the airport, or planning to bid on one in the near future. The workshop highlighted regulations regarding fall prevention measures, heat safety awareness and equal opportunity employment.

View the Slideshow


Coal Dust Rule Outreach

The Mine Safety and Health Administration held its sixth and final industry stakeholder meeting on June 5 on implementation of its new coal mine dust rule. More than 100 miners and mine operators gathered in Grand Junction, Colo., for a comprehensive explanation of the rule aimed at ending black lung, a debilitating yet preventable disease. Earlier in the week, MSHA hosted a similar meeting in Birmingham, Ala., which drew nearly 100 attendees. The first phase of the rule goes into effect on Aug. 1.


Volunteers for Florida Fete

From left to right: (Back row) HJCC students Jocabed Acosta and Timothy Salerno; (middle row) community volunteer Kevin Hutchinson, HJCC students Bianca Moise, Carlotta Ellis, Keino Gibson, HJCC staff member Charkivia Lovett, HJCC students Quinaisha Betaudier, Treasure Coffman and Avione Johnson; (front row)  HJCC students Alexander Jean-Joseph and Shateka Wilson. Click for a larger photo.

Students from Homestead Job Corps Center in Florida volunteered May 31 to set tables, serve food, and clean up at Florida City's Centennial Celebration event, which honored persons 80 and older. The students, who were accompanied by Homestead staff members Lesly Diaz and Charkivia Lovett, were congratulated by city officials for a job well done.


Comments Sought on Mine Refuge

The Mine Safety and Health Administration published a notice in the Federal Register on June 4 extending the comment period on the agency's Request for Information on Refuge Alternatives for Underground Coal Mines. Responses to this RFI will assist MSHA in determining if changes to existing practices and regulations would improve the overall strategy for survivability, escape and training to protect coal miners in an underground mine emergency. Comments may be submitted until Oct. 2.

Review the RFI
Read the Federal Register Notice


Weekly UI Claims

The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance claims was 312,000 for the week ending May 31, an increase of 8,000 from the previous week's revised level. The four-week moving average was 310,250, down 2,250 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 17 — Germantown, TN

EBSA — Health Benefits Laws Compliance Assistance Seminar

June 17 — Denver, CO
June 18 — Denver, CO
June 24 — New York, NY
June 25 — New York, NY

OFCCP — Affirmative Action Programs: Creating an Inclusive Workplace

June 17 — Birmingham, AL
June 17 — Jackson, MS

OFCCP — Construction 16 EEO & Affirmative Action Requirements

June 24 — Atlanta, GA
June 26 — Columbia, SC

OFCCP — Construction Evaluation

June 11 — Chicago, IL

OFCCP — Directive 306: Joint Event with the Cara

June 25 — Chicago, IL

OFCCP — Diversity in Tech 2

June 23 — Redwood Shores, CA

OFCCP — Everything You Want to Know About Adverse Impact

June 11 — Orange, CA
June 19 — Columbus, OH

OFCCP — Filing and Employment Discrimination Complaint

June 18 — Memphis, TN

OFCCP — Good Faith Efforts

June 19 — Chicago, IL

OFCCP — Introduction to the New VEVRAA Act of 1974 Regulations

June 11 — Portland, OR
June 11 — Dallas, TX
June 17 — Hattiesburg, MS
June 19 — Memphis, TN
June 19 — Richmond, VA

OFCCP — What to Expect During an OFCCP Audit

June 10 — Houston, TX
June 17 — Atlanta, GA
June 19 — Chicago, IL
June 25 — Philadelphia, PA

WHD — Emphasis on wage requirements for workers under Section 14(c) of the FLSA Seminar

June 11 — Santa Fe, NM


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What's New

Looking to the Future of Workforce Development

Vice President Joe Biden and Secretary  of Labor Thomas E. Perez deliver remarks at Third Way's event on the Future of Workforce Development. View the slideshow for more images and captions.

What is the future of workforce development? That was the question posed by the D.C.-based think tank Third Way at the Ronald Reagan building on June 4. Vice President Biden began the conversation by focusing on how our respect for intellectual property, our reliable energy supply, and our belief in challenging orthodoxy to bring about innovation have Americans on the cusp of tremendous opportunities, provided that the nation continues to invest in strengthening the American workforce. Following the vice president's remarks, U.S. Secretary of Labor Thomas E. Perez moderated a panel discussion with community college presidents, employers, researchers, workforce professionals and others to identify the unique elements of current training partnerships that enable them to be both effective and scalable. During the discussion, Barbara Veazey, president and CEO of West Kentucky Community and Technical College in Paducah, Ky., pointed out that partnerships are not just about developing training programs but also "creating new economies within local communities." Third Way is planning to compile ideas and recommendations from the roundtable as part of a report to the vice president later this month.

View the Slideshow
Find Resources at "Find Your Path"

Reversing Income Inequality by Raising America's Pay

Secretary Perez tells the crowd that 'the labor movement is one of American history's most powerful forces for wage growth, upward mobility, and middle-class vitality.' View the slideshow for more images and captions.

In his keynote address during the launch of the Economic Policy Institute's "Raising America's Pay" initiative on June 4, Secretary Perez shared his concern that workers are missing out on the economic growth they are helping to produce. "It's not that there's no wealth or prosperity; it's that workers aren't getting their fair share of it," said Perez. "They're receiving a smaller slice of the pie that they helped bake." The initiative, which focuses on flat wages and the harmful effects on America's middle class and the economy, will highlight how increasing the minimum wage, modernizing standards for overtime pay and raising wages for all workers will help reverse the trend of income inequality.

Watch the Launch Event
Read the Economic Policy Institute Report
View the Slideshow


National News

At Smithsonian Construction Site, Standing-Down to Stop Falls

Assistant Secretary of Labor for OSHA Dr. David Michaels addresses crowd of workers standing-down at the National Museum of African American History worksite. View the slideshow for more images and captions. Click for a larger photo.

In the shadow of the Washington Monument, almost 300 workers paused on June 5 to talk about the importance of fall safety on the job. Under the steel frame of the new National Museum of African American History and Culture, Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels joined Clark Construction to host an event as part of OSHA's National Fall Safety Stand-Down. The weeklong Stand-Down was launched on June 2 in a press teleconference by Secretary Perez and Michaels. "Never before have we been able to reach such a large number of people with a single worker safety initiative, and it couldn't come at a more vital time," Perez said. "With the economy on the rebound and housing starts on the rise, now is the moment to make sure those who build our homes are able to return safe and sound to their own homes every night." Clark Construction, which is building the new museum, is one of 25,000 businesses touching an estimated 1 million workers that held safety talks and demonstrations during the Stand-Down.

Learn About the National Safety Stand-Down
Learn About the Fall Prevention Campaign
View the Slideshow

NASCAR Driver Straps-in to Accelerate Awareness on Fall Safety

NASCAR Sprint Cup Series driver Greg Biffle demonstrates the proper use of fall arrest equipment in front of Barton Malow construction workers during the safety stand down at Daytona International Speedway. View the slideshow for more images and captions.

What do NASCAR Sprint Cup Series driver Greg Biffle and the Occupational Safety and Health Administration have in common? Both spent June 4 at the Daytona International Speedway to raise awareness about fall prevention in construction. Biffle was joined by Deputy Assistant Secretary of Labor for Occupational Safety and Health Jordan Barab and more than 500 workers from construction company Barton Marlow for a safety stand-down, one of an estimated 25,000 stand-downs happening throughout the week. The company's safety officials were joined by representatives from 3M and Capital Safety for demonstrations on different fall arrest systems, during which Biffle donned a safety harness. The event included workers from the Daytona Rising project, a $400 million renovation of the speedway's main grandstands. More than 1 million workers across the country are expected to participate in this national safety stand down, an unprecedented effort that continues through June 6, and is aimed at raising awareness about preventing falls in construction, which continue to be the leading cause of death in the industry.

Read the Blog Post
View the Slideshow

Preparing High School Students for College and Careers

Preparing a workforce that's ready to meet the demands of the 21st century economy needs to begin in school. That's why the Labor Department is partnering with the departments of Education and Health and Human Services to offer the career counseling resources available at local American Job Centers to high schools around the country. The effort is designed to supplement the work of school counselors by providing additional resources to ensure that high school students are college- and career-ready. The American Job Center network can provide students with career development advice, local labor market information, as well as information about apprenticeships and summer and year-round employment opportunities. This partnership represents another step toward achieving President Obama's goal for the United States to lead the world in college completion by 2020.

Read the Blog Post
Read the Joint Letter

Registered Apprenticeship Hosts Transportation Roundtable in Atlanta

While Registered Apprenticeships are primarily used in the construction industry, the earn-and-learn training model can be effectively applied to many other industries that require specialized skills. That's why the department is investing $100 million to expand apprenticeships into more high-growth industries. To better understand how apprenticeships can be applied effectively in different industries, the department is engaging in a series of industry roundtables. On June 4, the first of these roundtables was held at a UPS facility in Atlanta, with a focus on transportation and logistics. Participants exchanged information about how apprenticeships are a good investment for businesses and discussed how the department's upcoming grants may encourage more businesses to participate in the program. Five additional roundtables will be held throughout June, focusing on the health care, construction, energy, manufacturing and information technology industries.

Learn About Industry Roundtables
Learn About the UPS Experience

Efforts Ramp Up to End Black Lung Disease, Ease Claim Filing

Nearly 200 clinicians, physicians and attorneys participated in the West Virginia Black Lung Conference held in Pipestem, W.Va., on June 4. Office of Workers' Compensation Programs Director Gary Steinberg, along with Black Lung Director Michael Chance, outlined the new 413(b) Pilot Program, which allows medical evidence in certain accepted claims to be weighed for increased scrutiny. They also discussed program modernization efforts, such as the recently announced Digital X-ray Final Rule and the claim file imaging project. Joseph Main, assistant secretary of labor for mine safety and health, heralded the recently published final rule to lower miners' exposure to respirable coal dust. "We have worked hard to craft a balanced rule that allows miners to stay healthy and businesses to continue to thrive," said Main. "Throughout the process, we have listened to the concerns of industry and labor about its feasibility, and we've applied common sense to what we proposed in order to protect our nation's coal miners."


News You Can Use

Mapping Individualized Learning Plans

View the Interactive Policy Map

An Individualized Learning Plan is a key tool for helping youth — including youth with disabilities — take critical first steps to prepare for college and careers. The Office of Disability Employment Policy, along with partners Social Dynamics, the Altarum Institute and the National Collaborative on Workforce and Disability for Youth, recently launched two products to provide a snapshot of how ILPs are being implemented nationwide: an interactive policy map and a brief on Individualized Learning Plans Across the U.S. The map provides information about state ILP status, specific ILP policies and how students with disabilities are being included in these important college and career readiness tools.

View the Interactive Policy Map
Read the Brief
View the Toolkit
Read the ILP Fact Sheet


Around DOL

Expanding Collaborations With Intergovernmental Organizations

Intergovernmental organizations play a vital role in connecting the work of the Labor Department to state and local governments and the workforce system. On June 2, the department hosted the first in a new series of monthly meetings, organized by Carrianna Suiter Kuruvilla, acting director for Intergovernmental Affairs, to further improve the sharing of critical information about initiatives, regulatory actions and other activities. Secretary Perez, a former local elected official and former secretary of the Maryland Department of Labor, Licensing and Regulation, often notes that state and local government is where the "rubber meets the road." He opened the meeting, thanking the organizations for their work and promising greater collaboration. Perez also took the opportunity to introduce one of the department's newest leaders, Dr. David Weil, administrator of the Wage and Hour Division.


DOL Working for You

Ohioan Launches Welding Career Through Job Corps

Brandon Midell. Click for a larger photo.

Brandon Midell of Ohio was going nowhere fast during his troubled teen years. Seeking a chance to change his life, he enrolled in the Cincinnati Job Corps Center. The older students and instructors in Job Corps, Midell said, "influenced me, told me to stay in school and stayed on my case." He completed his high school diploma and welding training at Job Corps and worked at various welding jobs in and around Ohio, including welding Humvees used by U.S. troops overseas, "which made me feel real good," he said. Midell now works full time on welding and construction jobs in North Dakota. He often returns to the Cincinnati Job Corps Center to share his good news with students and offer advice on how to turn their lives around.


DOL in Action

Transitional Worker Program Extended in Northern Mariana Islands

In 2008, Congress passed the Consolidated Natural Resources Act, which applies the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands. To minimize potential adverse economic effects, the CNRA provides for a five-year transitional worker program, known as the CNMI-Only Transitional Worker — or CW-1 — program, which ends on Dec. 31. However, the CNRA authorizes the secretary of labor to extend this transition period for up to five years based on the labor needs of the CNMI to ensure that an adequate number of workers are available for legitimate businesses. Secretary Perez decided to extend the CW-1 program until Dec. 31, 2019, based on his consideration of a series of eight factors stipulated by the CNRA. CNMI employers have a continuing obligation to ensure and protect workers' rights by adhering to and complying with applicable federal civil rights, labor and workplace safety laws.

Read the News Release

GreatBanc Trust to Repay Millions to ESOP

An Employee Benefits Security Administration investigation and subsequent lawsuit has led to a $5.25 million settlement with GreatBanc Trust Co. of Lisle, Ill. The company allegedly committed a fiduciary breach when, in 2006, it allowed the Sierra Aluminum Co. Employee Stock Ownership Plan to purchase stock from Sierra's co-founders and top executives for more than fair market value. GreatBanc will make $4,772,727 in payments to the ESOP and pay $477,272 in penalties. The company also agreed to put safeguards in place whenever it is a trustee or fiduciary to an ESOP that is engaging in transactions involving the purchase or sale of employer securities that are not publicly traded.

Read the News Release

Assistance for Kentucky Miners Affected by Layoffs

A National Emergency Grant of $7,549,409 was awarded to Kentuckians affected by layoffs in the coal mining industry. The funds were awarded to the Eastern Kentucky Concentrated Employment Program, Inc., to provide re-employment assistance to approximately 2,000 individuals. "We first provided funds to help affected individuals in 2013, and the additional funds announced today will increase the availability of training and job search services in Kentucky," said Secretary Perez. "These grants will grow the local economy, strengthen its workforce and create opportunity for Kentuckians in the 21st century."

Read the News Release

Restaurant Initiative Nets More Than $1 Million for Tampa-area Workers

Two years ago, the Wage and Hour Division launched an enforcement initiative to strengthen labor law compliance in the Tampa Bay restaurant industry. As a result, 152 full-service restaurants have agreed to pay 1,518 employees $861,820 in back wages, plus $152,081 in damages, after investigators found violations of the Fair Labor Standards Act's overtime, minimum wage, record-keeping and child labor provisions. The division also assessed $12,509.25 in civil money penalties. "We are pleased that we have been able to secure back wages for so many workers," said James Schmidt, director of the division's Tampa District Office. "The restaurant industry employs some of the country's lowest-paid workers who are vulnerable to disparate treatment and labor violations."

Read the News Release

Boston Steel Fabricator Cited After Employee Crushed

A 46-year-old worker at a Boston steel fabrication shop died last December when a 12,000-pound steel bridge arch beam that he was spray painting fell and crushed him. An investigation by the Occupational Safety and Health Administration found that his employer, Boston Bridge & Steel Inc., failed to ensure that the fallen beam and three similar beams were adequately braced or supported to prevent them from falling while workers painted them. "This death should not have happened — and would not have happened — if these beams had been properly secured," said OSHA Area Director Brenda Gordon. The employees also lacked adequate respiratory protection against vapors generated during the spray painting.

Read the News Release

Tire Company Faces Additional Penalties for Uncorrected Hazards

A New York tire company that failed to correct 12 hazards cited during a 2013 inspection by the Occupational Safety and Health Administration faces an additional $160,280 in proposed fines after a follow-up OSHA inspection. Uncorrected hazards at American Made Tires in Elmira Heights included improperly constructed and located flammable adhesive spray booths, failure to implement lockout/tagout procedures, lack of machine guarding, and lack of a communications program and training for employees working with hazardous chemicals. The company faces an additional $160,280 in proposed fines.

Read the News Release

Texas Sawmill Placed on Severe Violator Status after Death

Tanner Timber Services LLC was cited with five violations by the Occupational Safety and Health Administration for failing to protect workers from hazardous, unguarded machines. In February, an employee was struck and killed by a piece of lumber weighing more than 800 pounds that kicked out of a machine at the company's Kountze facility in Texas. The sawmill employer was cited for one willful violation for failing to provide an approved method to prevent lumber from kicking back and striking a worker. Two of the four serious violations included failure to implement lockout/tagout procedures of energy sources to protect workers who service or maintain machines; and properly guard chains, sprockets, belts and pulleys. The employer has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections.

Read the News Release

Metro-North Commuter Railroad Must Compensate Employees

Investigations by the Occupational Safety and Health Administration determined that Metro-North Commuter Railroad Co. violated the anti-discrimination provisions of the Federal Railroad Safety Act between 2011 and 2013 when it disciplined seven Connecticut employees for following their physicians' instructions. OSHA found that the employees, with duty stations in New Haven or Stamford, were issued written warnings under the railroad's attendance policy when they each followed the orders of their physician to stay out of work. OSHA has ordered Metro-North to pay each employee $1,000 in compensatory damages and reasonable attorneys' fees. The railroad must also expunge the written warnings from each employee's personnel record and post a workplace notice informing employees of their FRSA anti-discrimination rights.

Read the News Release
Learn About Whistleblower Protections for Railroad Workers

Care Home Operator to Surrender License if Violations Repeated

Adult residential care home operator Travis Homes of Porterville, Calif., has agreed to pay $42,868 in minimum and overtime back wages to 19 employees. An investigation by the Wage and Hour Division found the employer in violation of the Fair Labor Standards Act's minimum wage, overtime and record-keeping provisions. Travis Homes paid the workers below federal minimum wage and failed to pay the required overtime premium for hours worked beyond 40 in a workweek. The employer signed a written agreement assenting to surrender its license if found in violation of state and federal law in the future.

Read About Residential Care Facilities Under the FLSA
Learn About Recordkeeping Requirements

New York City Communications Workers Union to Rerun Election

New York City-based Communications Workers of America Local 31003 recently agreed to conduct a new election for president, secretary-treasurer, local chairperson, 2nd and 3rd vice presidents, representative assembly chair and 16 executive board members, under the supervision of the Office of Labor-Management Standards. An OLMS investigation found that the union failed to provide proper notice to members of a November 2013 election. The supervised election must take place by Sept. 30.

Texas-based Cement Mixer Manufacturer Faces Fine

Continental Manufacturing Co. Inc., doing business as Continental Mixer, has been cited by the Occupational Safety and Health Administration for 35 safety and health violations. The violations include failure to implement lockout/tagout procedures to protect workers who service or maintain machines and failure to maintain occupational noise exposure limits. The inspection began in response to a complaint regarding a worker who was injured using an unguarded power tool at the employer's Houston facility. Proposed penalties total $286,200.

Read the News Release

Saipan Water Sports Companies to Pay $46,000 in Back Wages

Two Saipan-based marine sport activity companies owned and operated by Toru Narita have agreed to pay $46,065 in back wages to 15 employees for violations of the Fair Labor Standards Act's minimum wage and overtime provisions. Investigators from the Wage and Hour Division found that Aqua Connections Inc. and Hi-Five Co. Ltd. failed to pay employees for all work done at the beginning and end of their shifts. The investigation covered a two-year period beginning in March 2012. One salaried non-managerial employee was not paid an overtime premium for hours worked beyond 40 in a workweek. "All employees that are entitled to an overtime premium must be paid in compliance with the FLSA's overtime provision regardless of whether they are paid on a salary basis or work beyond their scheduled shift," said Terence Trotter, the division's district director in Hawaii.

Texas Conveyor Manufacturer Cited Following Worker Death

KWS Manufacturing Co. Ltd. was cited by the Occupational Safety and Health Administration for 17 safety and health violations after a worker was killed at the Burleson, Texas, company in December 2013. The worker died when his left arm became caught in the unguarded rotating parts of a machine he operated. Subsequently, he became entangled and was flipped several times before the machine was turned off. OSHA's Fort Worth Area Office cited the company for caught-in and amputation hazards from unguarded machinery, and struck-by hazards associated with the rigging and moving of heavy metals from the manufacturing of conveyor's.

Read the News Release

Oil Field Service Employees in Louisiana to Receive Back Wages

Justiss Oil Co. Inc. in Jena, La., must pay current and former employees $619,830 in back wages for mandatory employee meetings that occurred on drilling rigs and platforms at the beginning of each shift, an investigation by the Wage and Hour Division found. The employer required the rig workers, who typically have a seven-day tour of duty, to come to the meetings 30 minutes before the start of their 12-hour shift. "Employers are responsible for ensuring their employees are paid for every compensable work hour," said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest.

Read the News Release

Fatal Entanglement in Cattle Feed Mixer Investigated; Violations Found

After becoming entangled in mixing equipment used for cattle feed, an Anderson Farms employee died from mass trauma in Heyburn, Idaho, in February. The Occupational Safety and Health Administration investigated the facility and found five safety violations, including three serious ones. OSHA's Boise Area Office cited Anderson Farms for failure to establish a lockout/tagout program and procedures to protect workers from moving machine parts during servicing and maintenance activities. The employer also failed to provide hardware, such as locks, to prevent the unexpected or sudden start-up of equipment during these activities. Other violations relate to failure to follow permit-required confined space entry regulations.

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New York Contractor Exposed Workers to Scaffolding Hazards

Kay Waterproofing Corp., a masonry and waterproofing contractor in New York, has been cited by the Occupational Safety and Health Administration for 13 serious safety violations — including fall and scaffolding hazards — found at a residential building in Edgewater, N.J. OSHA initiated its December 2013 investigation after an imminent danger complaint was made and has proposed $66,600 in penalties. The company failed to provide eye protection for employees chipping and cutting masonry, as well as hard hats where overhead hazards existed. It also failed to ensure equipment had an electrical grounding pin and was properly guarded and protected.

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Agreement Reached on Hiring Discrimination Allegations at Airline

The Office of Federal Contract Compliance Programs has entered into a conciliation agreement with SkyWest Airlines of San Francisco to settle allegations of hiring discrimination against women. The company will pay $65,000 in back wages and interest to 78 female applicants who were rejected for ramp agent positions. The contractor also agreed to revise and monitor its hiring process to ensure that female job seekers are given fair consideration for job openings in the future.

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National Discount Chain Fined $217,000 in Montana

National discount chain Dollar Tree Stores Inc. has been cited by the Occupational Safety and Health Administration in Montana for repeatedly and willfully exposing workers to safety hazards. OSHA began its inspection last November after receiving a complaint about dangerous conditions at a store in Missoula. OSHA cited Dollar Tree Stores with four violations, including three willful and one repeat, with proposed penalties totaling $217,000. The willful violations involve failure to keep exit routes free and unobstructed, storing materials in unstable and unsecured ways and for using space around electrical equipment for storage. The company was cited with one repeat violation for failure to handle and store compressed helium gas cylinders securely.

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Jeremy Tobias Matthews

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