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|  Each week, this space will bring you the best from our (Work in Progress) blog. • Seeking Jobs as Well as Justice: From his unique perspective as a former assistant attorney general turned labor secretary, Secretary Perez reflects on 50 years of the Civil Rights Act, writing that it was about more than simply ending discrimination — "It was about fighting for the opportunity to strive for the American Dream, without unjust barriers." • Supreme Court Decisions Matter: Deborah Greenfield, the deputy solicitor of labor, takes to the blog to explain the Supreme Court's unanimous decision in Fifth Third Bancorp v. Dudenhoeffer, which ruled that trustees of employee stock ownership plans — retirement plans that invest primarily in stock of the employer's company — must exercise the same degree of prudence as trustees of other pension plans. • Cultivating IT Talent Through Apprenticeships and Collaborations: In a guest post, Steve Wiggins, the executive vice president and chief information officer at BlueCross BlueShield of South Carolina, writes about how his organization's Registered Apprenticeship program equips employees with the technical skills they need to meet industry standards. |
|  This week's phrase is Reasonable Accommodation. A change in the workplace conditions that enables an individual with a disability to apply for a job, perform the essential functions of a job or enjoy equal access to the benefits and privileges of employment. • Learn About Reasonable Accommodation
• See All the A-Z Terms |
| | Students Meet the President A small group of students enrolled in a customer service course at the Minneapolis North Workforce Center — a part of the American Job Center network — had the opportunity to talk about their futures with President Obama when he visited their classroom on June 27, along with Secretary Perez and Sen. Al Franken of Minnesota. The class provides young mothers with training in customer service and sales occupations for four weeks, followed by paid internships. It is run by HIRED, a Twin Cities workforce development organization that forges partnerships with employers in sectors like health care, construction, and manufacturing to match companies with skilled workers. "All of us start in different places. I was basically raised by a single mom," President Obama told the class. "But she was able to get an education, to take advantage of grants and loans and programs — to make a difference in her life and ultimately in her kids' lives." • Watch the Video
• FindYourPath |
| | Higher Wages for Tipped Workers The federal minimum wage for tipped workers has been frozen at $2.13 an hour for more than two decades. After taxes, many tipped workers must survive on the cash tips they receive. And restaurant servers — 70 percent of whom are women — are three times more likely to fall below the poverty line than the overall workforce and twice as likely to be on food stamps. During a June 29 segment of National Public Radio's "All Things Considered," Secretary Perez discussed how the restaurant industry is thriving in states that already require employers to pay their tipped workers the same as the minimum wage for all workers. • Listen to the NPR Segment
• Learn About Raising the Minimum Wage |
| | Networking on Skills STRIVE International brought together the leadership of its 15 affiliate partners nationwide to discuss workforce development and the new economy on June 26 and 27 in Baltimore. STRIVE is an intermediary grantee of the Reintegration of Ex-Offenders program and a number of its affiliates receive sub-grants under this program. Ben Seigel, senior advisor in the Employment and Training Administration, joined a panel discussion on current trends and policy directions in workforce development. He discussed the department's work in the skills arena, including the job-driven training review led by Vice President Biden, which will be completed by the end of July. Seigel also discussed the department's efforts around career pathways and Registered Apprenticeship that aim to create opportunities for STRIVE's primary target population: low-income young men. |
| | Fostering Workforce Inclusion Service providers and employers committed to increased workforce inclusion for people with disabilities gathered in Long Beach, Calif., for the Association of People Supporting Employment First annual conference on July 2. A highlight from the conference was the half-day Employer Leadership Forum focused on innovative strategies for fostering disability-inclusive work environments and achieving the goals of Section 503 updates of the Rehabilitation Act enforced by the Office of Federal Contract Compliance Programs. Assistant Secretary of Labor Kathy Martinez, who heads the Office of Disability Employment Policy, kicked off the event. "We in ODEP believe that a presumption of employability should exist for people with even the most significant disabilities," she said. "And we believe the time is now for our nation to value people with disabilities for the unique skills and talents they bring, and to capitalize on those attributes by integrating them fully into our workplaces." • Learn About ODEP |
| | Workers' Compensation Conference A national conference devoted exclusively to managing job-injured employees under the Federal Employees' Compensation Act was held June 24-26 in Phoenix. The 16th annual Federal Workers' Compensation Conference brought together professionals from multiple federal departments and agencies to share skills, knowledge and experiences. Gary Steinberg, acting director of the Office of Workers' Compensation Programs, discussed an initiative aimed at returning injured workers to the job when they are medically able. This return-to-work program is part of President Obama's Protecting Our Workers and Ensuring Reemployment initiative, which began in 2009 to improve health and safety for federal employees by setting more aggressive performance targets and prioritizing effective safety and health management programs. |
| | Subway Requests Wage Training Dozens of Subway franchisees in Northern California attended training on the Fair Labor Standards Act in Sacramento, Calif., on June 25. The Wage and Hour Division conducted the training at the request of Subway's Franchise World Headquarter LLC. The session touched on basic provisions under the FLSA, including federal minimum wage and overtime. A recent investigation by the division had found a Subway franchisee in Sacramento in violation of labor laws. Subway's Franchise World Headquarters LLC assisted the division during the investigation and asked for compliance training for its franchisees. Approximately 90 participants attended. |
| | Ohio Construction Alliance The Occupational Safety and Health Administration has established an alliance with Project BEST (Building Efficiency by Striving Together) to help protect construction workers from four specific hazards: falls, struck-by, caught-in and electrical. Project BEST is a construction industry-labor management organization comprised of the Upper Ohio Valley Building Construction Trades Council and the Ohio Valley Construction Employers Council. "This alliance reflects the need to focus on the four major areas of injury in the construction industry and to promote awareness of safe work practices. Education saves lives," said Deborah Zubaty, OSHA's area director in Columbus. • Read the News Release |
| | Winery Adopts Compliance Plan The Wage and Hour Division in San Francisco has secured an enhanced compliance agreement with a large grower and distributor of wine grapes in Northern California's Livermore Valley region. The agreement follows an investigation of Wente Vineyards' farm labor contractor Abel Mendoza that found wage and transportation violations under the Migrant and Seasonal Agricultural Worker Protection Act. Because of the severity of the findings, Wente Vineyards worked collaboratively with the division in putting together a solid compliance plan to prevent further violations of applicable agriculture labor laws by the company's farm labor contractors. • Learn About ODEP |
| | Mining Pact Renewed The Mine Safety and Health Administration and the Interstate Mining Compact Commission renewed its Memorandum of Understanding at MSHA headquarters in Arlington, Va., on June 30. The MOU, originally signed in 2011, was created to facilitate communications that promote and protect the nation's mining workforce. The IMCC is a multi-state governmental organization that represents the natural resource and related environmental protection interests of its member states. |
| | Social Media en Español Did you know that Latinos currently make up more than 15 percent of the U.S. labor force, and that by 2020 will rise to an estimated 19 percent? To make sure that important department news and resources reach more of these workers, we launched Spanish-language Twitter and Facebook accounts on July 1, targeted specifically to the Latino community. Help us spread the word! • Follow @USDOL_Latino on Twitter
• "Like" USDOL Latino on Facebook |
| | Upcoming Deadlines & Events Open Funding Opportunities EBSA — Getting It Right: Know Your Fiduciary Responsibilities Seminar • July 10 — Oklahoma City, OK
• July 31 — Madison, WI 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 OASAM — Vendor Outreach Session • July 23 — Washington, DC OFCCP — Construction 16 EEO & Affirmative Action Requirements • July 23 — Washington, DC OFCCP — Developing Written Affirmative Action Programs • July 16 — Columbus, OH OFCCP — Directive 306: Joint Event with the Cara Program • July 23 — Chicago, IL 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 — New Vietnam Era Veterans' Readjustment Asisstance (VEVRAA) and Section 503 Regulations • July 17 — Pittsburgh, PA OFCCP — What to Expect During an OFCCP Audit • July 15 — Atlanta, GA
• July 15 — Jackson, MS
• July 17 — Richmond, VA
• July 25 — Chicago, IL OFCCP — Reasonable Accommodation in the Workplace • July 11 — Chicago, IL OFCCP — Training with the Massachusetts Commission for the Blind (MCB) • July 29 — Boston, MA OLMS — Compliance Assistance Seminar • July 15 — Charlotte, NC
• July 25 — Tampa, FL OSHA — Stakeholder Meeting to Consider Proposed Standard to Protect Safety, Health of Emergency Responders • July 30 — Washington, DC WHD — Emphasis on wage requirements for workers under Section 14(c) of the FLSA • July 17 — Kansas City, KS
• July 17 — Gainesville, FL
• July 29 — St. Louis, MO
• July 31 — Phoenix, AZ |
| | Follow @USDOL on  Tweets by @USDOL | | | What's New ApprenticeSHIPS Are a Win-Win for San Diego  | While there are certainly many reasons to call San Diego home, the area's role as an epicenter for military and defense operations is a large driver of the local economy. For companies, that means maintaining a reliable pipeline of talented workers. One of the best ways to do so is through Registered Apprenticeship programs like the one at the Navy Shipyard Depot Maintenance Facility at the Naval Air Station North Island. U.S. Secretary of Labor Thomas E. Perez visited the program June 26 to learn how apprenticeships are helping support the Navy fleet. Apprentices learn to repair and maintain ships, earn industry recognized certificates, and complete leadership and supervision training through Southwestern College. Since apprenticeships are the original on-the-job training, participants earn a starting wage of almost $16 an hour with the opportunity to be promoted every six months. Seasoned journeymen earn more than $24 an hour. Approximately 45 percent of the program's participants are military veterans, including 2nd-year Pipefitter Apprentice Ben Hummel, who shared his story with Perez during the visit. Hummel joined the U.S. Marine Corps in 2002 and was deployed to Iraq in 2005. After returning to civilian life, and working as a delivery driver, Hummel began a new career with the shipyard in 2012 to expand his opportunities. • Learn About Registered Apprenticeships
• Read Success Stories Foreign-Trained Health-care Professionals See Careers in U.S.  | Internationally trained doctors and nurses seeking licensing in the United States met with Secretary Perez on June 26 in San Diego. Since 2001, the Welcome Back Center at Grossmont College has assisted more than 3,600 foreign-trained health-care professionals who have the right to work in the United States but need assistance obtaining appropriate licenses, credentials, orientation and job placement. Perez met with medical professionals representing a number of countries, some of whom graduated at the top of their class. One student told Perez that, before her mother passed away, all she wanted was to be a pharmacist. Now, she says, "My dream is also to be a pharmacist and achieve that for both of us." Perez, too, shared his personal story with the students. "My parents came here from the Dominican Republic," he said. "My family was a generation ahead of where you find yourself and I'm confident your children — should you have them — will say mom and dad changed our lives." Creating Opportunity for People With Criminal Records The White House's Champions of Change initiative celebrates "ordinary Americans doing extraordinary things in their communities." During a day-long Champions of Change event on June 30, co-hosted by the departments of Labor and Justice and the Annie E. Casey Foundation, Secretary Perez led a roundtable with business leaders to highlight models for employing individuals with a criminal record and putting them on a pathway to the middle class as productive members of their communities. In June, the department awarded $74 million in grants to 37 community service organizations to provide employment, training and support services to successfully re-integrate formerly incarcerated adults and youth involved in the juvenile justice system into their communities. At the roundtable, Perez and 13 business leaders discussed these efforts as well as model private-sector programs that help Americans gain a second chance. • Learn More about RExO Programs
• Meet the Champions of Change |
| | National News Funding for Leave Studies Announced How can states develop and implement successful paid family and medical leave programs? The Women's Bureau and the Employment and Training Administration will make $500,000 available to fund feasibility studies for such programs in up to five states. Secretary Perez announced the funding at the White House Summit on Working Families on June 23, and on June 27 the department sent letters to all 50 state governors, inviting them to submit applications outlining their interest in leave feasibility studies. "States are demonstrating that you can do this," Perez said. "It's the right thing to do and it's the smart thing to do." Currently only three states — California, New Jersey and Rhode Island — offer paid family and medical leave. • Watch the Summit Video
• Learn About the Grants PROP Outreach Sounds the Alert on Coal Mine Roof Falls Roof falls are not a rare occurrence in underground coal mines. In fact, 265 miners were injured in roof and rib falls just last year. While improvements in roof control technology have led to a significant decrease in such incidents, miners need to remain vigilant about existing hazards. To that end, the Mine Safety and Health Administration recently launched its annual Preventive Roof/Rib Outreach Program. The 2014 campaign runs through September and focuses on mining conditions specific to the summer months, when heat and humidity can weaken a mine roof. • Read the News Release
• Learn About PROP |
| | News You Can Use Resources for Working Families Since the June 23 White House Summit on Working Families, the Women's Bureau has introduced new resources to help working women. Among them is an online portal that connects women at any career stage with relevant tools, data, resources and publications developed by the department. Another is an online map that provides federal- and state-level statutory information on employment protections against pregnancy discrimination and for nursing mothers, as well as contact information for related state government offices. • Visit the Women's Bureau Website
• Get Resources for Working Women
• View Employment Protections Map |
| | Around DOL AAPI Roundtable in Philadelphia Seeking to build relationships between the federal government and the Asian American Pacific Islander community, the White House Initiative on Asian Americans and Pacific Islanders held a Regional Interagency Working Group Roundtable on June 26 in Philadelphia. Breakout sessions covered immigration and worker's rights, as well as major issues and setbacks affecting the AAPI community. Participating agencies included the Occupational Safety and Health Administration, Women's Bureau, Wage and Hour Division, Office of Public Affairs, Office of Federal Contract Compliance Programs and the Employment and Training Administration. • Read About the White House Initiative |
| | International Scene Labor Rights Dialogue Held in Amman, Jordan The Department of Labor, the Office of the U.S. Trade Representative and their Government of Jordan counterparts have issued a joint statement regarding the second Labor Subcommittee meeting, which took place June 25-26, under the U.S.-Jordan Free Trade Agreement in Amman, Jordan. Amit Pandya, chief of staff of the Bureau for International Labor Affairs, represented the department. "A sustained and transparent dialogue on labor matters, with public participation, is crucial to full implementation of the FTA's labor provisions," said Pandya. "We applaud the Government of Jordan for the important steps it has taken to protect workers' rights and appreciate the continued commitment to work together to advance labor rights as a meaningful part of this important bilateral agreement." The subcommittee is responsible for overseeing the implementation and progress review under the Labor Chapter of the U.S.-Jordan Free Trade Agreement. • Read the News Release
• Read the Joint Statement |
| | DOL Working for You Disability and Retraining Programs Help Air Force Veteran  | A variety of Department of Labor programs helped Vietnam-era veteran Richard James navigate through life. After servicing B-52 bombers in the Air Force, James held a series of sales jobs while putting himself through law school at night. He rose to become a successful New England attorney and owner of a boat dock building company when he suffered a terrible head injury, which caused spine and nerve damage. Addiction to pain medication followed, and James ended up homeless. While recovering from his injuries, James took a college course through the Veterans Retraining Assistance Program, managed in part by the department. He received career counseling from a Disabled Veterans Outreach Program representative at a local American Job Center, then enrolled in the Disability Employment Initiative, a joint effort of the Employment and Training Administration and the Office of Disability Employment Policy. Eventually, James was hired as an attorney by a Rhode Island law firm. The department's grants and programs made possible the services that "put me back in a position of being a productive member of society," he said. • Learn About the Disability Employment Initiative |
| | DOL in Action Nearly $1 Million Recovered for New York Restaurant Workers Manna's, a New York City restaurant chain, will pay $956,482 in back wages and liquidated damages to 85 low-wage workers for violations of the Fair Labor Standards Act. The department obtained a consent judgment in federal court following a Wage and Hour Division investigation. The division found that the restaurants paid cooks, dishwashers and cashiers flat salaries for all hours worked instead of paying them overtime at time and one-half their regular rates of pay when they worked more than 40 hours in a workweek, as the law requires. To ensure that the restaurant chain complies with the terms of the judgment, the department has secured a lien on property owned by defendant Betty Park. If scheduled payments are not made, the court can appoint a receiver to ensure that the judgment's terms are met. • Read the News Release
• Learn About FLSA Temporary Workers Require Training on Workplace Hazards Fresh From Texas Inc. and staffing agency iWorks Personnel Inc. were cited by the Occupational Safety and Health Administration for exposing workers to damaging noise levels, chemical hazards and possible amputation hazards for failing to train machine operators on controlling hazardous energy. The total proposed fine for the complaint inspection that began last December is $135,200. "Workers, whether employed directly by the company or as a temporary worker, require proper training on workplace hazards. In this case, both Fresh From Texas and iWorks failed to do so and put workers in danger," said Kelly C. Knighton, OSHA's area director in San Antonio. • Read the News Release Minnesota Group Health Plan Fails to Disclose Use of Fees A consent judgment entered in the U.S. District Court for the District of Minnesota has returned $203,212 to clients of the Pro Systems Corp. Group Health Plan. The company provided health-care services for clients of Detroit Lakes, Minn.-based Pro Systems, PRO Resources and MICROPRO. The judgment resolves a lawsuit filed by the department alleging violations of the Employee Retirement Income Security Act for failing to disclose to clients that some fees collected for insurance costs were used for non-health plan purposes. An investigation by the Employee Benefits Security Administration found that Pro Systems Corp. directed the collection of an "other insurance costs" fee, ranging from $80 to $160 per participating employee, from its client companies. • Read the News Release
• Learn About ERISA Workers Affected by Layoffs in Massachusetts Receive Assistance Approximately 148 workers affected by layoffs at Haemonetics Corp., located in Braintree, Mass., will receive a full range of services — including career assessments, case management, job development and placement services — through a $1.1 million National Emergency Grant announced by the department. "Workers impacted by these layoffs will need assistance to gain suitable employment in new industries and occupations," said Secretary Perez. "This federal grant we're awarding today will help these individuals by providing a full array of re-employment services, opening up paths to new careers." The grant was awarded to the Massachusetts Executive Office of Labor and Workforce Development. • Read the News Release $1.6 Million in Funding for Laid-off Idaho Workers A $1,593,803 National Emergency Grant to provide re-employment services to approximately 330 workers affected by the closure of the H.J. Heinz Co. LP facility, located in Pocatello, Idaho, has been awarded to the Idaho Department of Labor. In November 2013, the H.J. Heinz Co. announced the closure of its Pocatello plant, affecting approximately 400 employees. "During this time of transition for these workers, this support is vital to helping them continue to climb the ladder of success," said Secretary Perez. • Read the News Release Christmas Wreath Maker Found to Violate Labor Laws A federal district court in Portland, Ore., has ordered a Christmas wreath maker with facilities in Oregon and North Carolina to pay $229,178 in back wages and damages to 417 workers. Wage and Hour Division investigators found Bottomley Evergreens and Farms in violation of the Fair Labor Standards Act's recordkeeping, minimum wage and overtime provisions. The company agreed to also pay $86,700 in penalties. At the same time that the division was conducting its investigation, the company was being sued by the Oregon Law Center. As a result of that litigation, Bottomley Evergreens and Farms paid $691,000 in back wages and liquidated damages. Equipment Hazards Found at Two Colorado Pep Boys Auto Centers Two Pep Boys-Manny, Moe & Jack of Delaware Inc. work sites in Colorado were cited by the Occupational Safety and Health Administration for failing to abate previous violations and continuing to expose workers to hazards from dangerous equipment. A repeat violation was cited at each location for exposing workers to crushing hazards while working under elevated vehicles. Automotive lifts were not lowered onto the safety locks or supported by adequate stands to prevent the vehicle from falling in case the lift failed. Proposed penalties total $58,300. • Read the News Release Free Lodging Deemed Insufficient Compensation at Hawaii Hostel Honolulu-based Pacific Ohana Hostel Corp. has been ordered to pay $125,000 in back wages and liquidated damages to 86 workers following an investigation by the Wage and Hour Division. Investigators determined that the employer predominantly compensated workers with free lodging in exchange for hours worked. However, the value of the lodging was not sufficient to fully compensate employees at the minimum wage rate of $7.25 per hour. "An employer must clearly document the actual cost incurred to the business for providing lodging in lieu of cash wages to its workers," said Terence Trotter, the division's district director in Hawaii. "The lodging must also be compliant with federal and state housing occupancy standards." Exits at Dollar Tree Store in Boston Were Blocked Employees at a Dollar Tree Store in Boston repeatedly confronted blocked exits and unstable and unsecured stacks of merchandise in the store's stockroom. During an Occupational Safety and Health Administration inspection last December, an OSHA compliance officer warned store management of the hazards and the need to correct them, yet the hazards recurred. As a result, OSHA cited the Virginia-based discount retailer for willful and serious violations, with $177,800 in fines. Dollar Tree has been cited for similar violations in the past, most recently in Delaware and Montana. "This case reflects this company's deliberate and ongoing refusal to effectively address hazards that have been cited multiple times at their stores across the country," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. • Read the News Release Employees Shoveling Snow From Roof Had No Fall Protection An Occupational Safety and Health Administration inspection found that workers at the TLD Ace Corp. manufacturing plant in Windsor, Conn., were exposed to potential falls, burns and electric shock due to missing or inadequate safeguards. Employees shoveling snow off the plant's roof lacked fall protection, employees who performed live electrical testing were not given proper training, and protective equipment and electrical equipment was misused. These conditions resulted in 17 serious violations, carrying $85,146 in fines. "It's crucial for this company to correct these conditions now and take action to prevent them from happening again," said Warren Simpson, OSHA's area director in Hartford. • Read the News Release Payment Ordered for Fired Employee A Massachusetts furniture store owner will pay a former employee $12,500 and take other corrective action to resolve an anti-discrimination lawsuit. The department sued Donald Pottern doing business as Crown Furniture in federal court after an Occupational Safety and Health Administration investigation found that the employee had been fired two days after he filed a complaint with OSHA alleging safety and health hazards at the West Springfield store. The judgment also requires Pottern to expunge the former employee's personnel record, provide a neutral job reference and inform his employees of their anti-discrimination rights. • Read the News Release
• Learn About OSHA Whistleblower Protections Electrical Co-op Violates Family and Medical Leave Act An employee of Nueces Electrical Co-op in Corpus Christi, Texas, has received $46,920 in back wages and damages after an investigation by the Wage and Hour Division found the company in violation of the Family and Medical Leave Act. The company, which provides electrical services to Corpus Christi and surrounding areas, wrongfully advised the employee to retire or face termination of employment for needing leave for an FMLA-qualifying health condition. • Read the News Release Workers at Georgia Job Site Faced Safety Hazards Jose M. Hernandez Cruz, doing business as JA Siding Construction Services LLC, has been cited by the Occupational Safety and Health Administration for three repeat and four serious safety violations. Citations were issued to the employer for exposing workers to falls and other hazards while employees were installing siding at a new residence in Smyrna, Ga. The violations include failing to provide workers with fall protection systems; provide workers with eye and face protection; and not providing a training program for workers exposed to fall hazards. The agency initiated the inspection as part of the region's emphasis program on falls in construction. Penalties total $42,240. • 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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