Thursday, July 10, 2014

Fwd: The DOL Newsletter - July 10, 2014: Partnering on Job Training; Boosting Flexible Workplaces; Voting for the Workforce Innovation Act



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From: United States Department of Labor <subscriptions@subscriptions.dol.gov>
Date: Thu, Jul 10, 2014 at 6:23 PM
Subject: The DOL Newsletter - July 10, 2014: Partnering on Job Training; Boosting Flexible Workplaces; Voting for the Workforce Innovation Act
To: iammejtm@gmail.com


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United States Department of Labor

DOL News Brief
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July 10, 2014
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Winner of AVA Digital 2013 Gold Award - Interactive Communication - E-Newsletter
By The Numbers By The Numbers: 49% of parents have passed up a job because they thought it would conflict with family obligations.

Work In Progress: The Best of Our Blog

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

States Lead on Minimum Wage. Is Congress Listening?: Since the beginning of 2013, 13 states and the District of Columbia have raised their minimum wage, answering the call of low-wage workers who want nothing more than the dignity of being able to support their families. As Congress returns, Secretary Perez urges its members to follow suit and raise 2 million people out of poverty.

Cultivating Compliance: With summer comes the hard work of farming, and Wage and Hour Administrator Dr. David Weil provides an overview of new resources to help agricultural employers and workers better understand their responsibilities and rights under the law.

How Paid Leave Helps Rhode Island Families Succeed: In a guest blog post, Rhode Island state Sen. Gayle Goldin draws on personal experience and the experiences of her constituents to show how paid family leave works in her state, and how it could help families all across the country.


Independence and Employment

Office of Federal Contract Compliance Programs Director Patricia A. Shiu addresses the National Federation of the Blind in Orlando, Fla. (Photo courtesy National Federation of the Blind). Click for a larger photo.

With more than 2,200 in attendance, the National Federation of the Blind's annual convention was one of the largest gatherings of people with disabilities in the nation this year. On July 4, Office of Federal Contract Compliance Programs Director Patricia A. Shiu spoke at the convention in Orlando, Fla., exhorting the audience to take advantage of new regulations that call on federal contractors to achieve a 7 percent employment goal for qualified workers with disabilities. The following day, Deputy Administrator of the Wage and Hour Division Laura Fortman discussed the 14 (c) certificate program and shared some of the division's new strategic approaches to enforcement in this area.

Learn About New OFCCP Regulations
Read 14(c) Fact Sheets


Ensuring a Level Playing Field

Wage and Hour Division Administrator Dr. David Weil (wearing red tie at end of table) joins corporate representatives at a gathering at the U.S. Chamber of Commerce in Washington, D.C. Click for a larger photo.

The Wage and Hour Division's mission is to make sure workers are paid properly for a hard day's work and businesses can compete on a level playing field, Dr. David Weil, the division's administrator, told a group of corporate representatives in Washington, D.C., on July 8. "We are ensuring that responsible businesses are not put at a competitive disadvantage by businesses that don't comply with the rules," Weil told the gathering at the U.S. Chamber of Commerce. He also discussed the department's efforts to reward work with fair pay by implementing President Obama's executive order increasing the minimum wage for private-sector workers on federal service and construction contracts, and examining and updating who qualifies for overtime pay.

Learn About the Executive Order
Learn About Updating Overtime Rules


Fostering Inclusive Workplaces

Members of the D.C. Metro Business Leadership Network gathered in Crystal City, Va., on July 9 to discuss the impact of corporate culture on workplace inclusion of people with disabilities. Assistant Secretary of Labor for Disability Employment Policy Kathy Martinez opened the event, which attracted 50 representatives from companies. Most of the organizations were federal contractors covered by the recent updates to Section 503 of the Rehabilitation Act and Vietnam Era Veterans' Readjustment Assistance Act. "A major focus of our work at DOL this year will be to provide resources and technical assistance to covered employers," said Martinez. "We stand at the ready to help you understand and achieve the goals of the new rules."

Learn About ODEP


Contractor Contacts

About 22 percent of the U.S. workforce is employed by a federal contractor or subcontractor. Now those workers and their employers have new options for asking questions and checking the status of complaints. The new web tools, available on the department's website, supplement the agency's telephone and email contact services (1-800-397-6251, TTY 1-877-889-5627, and ofccp-public@dol.gov). "These new options will make it easier for stakeholders to interact with our officers and get the information they need," said Office of Federal Contract Compliance Programs Director Patricia Shiu.

Submit a Question to OFCCP
Check Question or Complaint Status


Safety 101 in Philly

Occupational Safety and Health Administration Area Director Nicholas DeJesse (back right) fields questions about OSHA's public establishment search from Philadelphia-area media. Click for a larger photo.

The Occupational Health and Safety Administration's Philadelphia Regional Office held its first- ever OSHA 101 Primer for the news media on July 9. Newly appointed OSHA Area Director Nicholas DeJesse led the discussion with an overview of the agency and its authority, demonstrated how to navigate the OSHA public establishment search, and promoted regional initiatives aimed at protecting workers in the tree-trimming and clearing field, fall safety prevention, and protecting outdoor workers from heat illness.


Weekly UI Claims

The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance claims was 304,000 for the week ending July 5, a decrease of 11,000 from the previous week's unrevised level. The four-week moving average was 311,500, down 3,500 from the previous week's unrevised average.

Read the News Release


Upcoming Deadlines & Events

Open Funding Opportunities

EBSA — Getting It Right: Know Your Fiduciary Responsibilities Seminar

July 31 — Madison, WI

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 — Construction and Compliance

July 23 — Los Angeles, CA

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 — New Vietnam Era Veterans' Readjustment Asisstance (VEVRAA) and Section 503 Regulations

July 17 — Pittsburgh, PA

OFCCP — Reasonable Accommodation in the Workplace

July 11 — Chicago, IL

OFCCP — Scheduling and AAP Requirements

July 24 — Houston, TX

OFCCP — Training with the Massachusetts Commission for the Blind

July 29 — Boston, MA

OFCCP — What to Expect During an OFCCP Audit

July 15 — Atlanta, GA
July 15 — Jackson, MS
July 17 — Richmond, VA
July 25 — Chicago, IL

OLMS — Compliance Assistance Seminar

July 15 — Charlotte, NC
July 25 — Tampa, FL

OSHA — Federal Agency Training Week

July 29 — Arlington Heights, IL
July 30 — Arlington Heights, IL
July 31 — Arlington Heights, IL

OSHA — Stakeholder Meeting to Consider Proposed Standard to Protect Safety, Health of Emergency Responders

July 30 — Washington, DC

WHD — Joint Employment Guidance Webinar

July 17 — 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


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What's New

Investing in Job Training Programs, Employer Partnerships

A student (on the left) in an advanced manufacturing program operates a robot that picks up parts and moves them at the Toyota Texas plant in San Antonio as U.S. Secretary of Labor Thomas E. Perez (white hat) holds a microphone during her demonstration. In San Antonio, the Alamo Academies, Alamo College and Toyota Texas have partnered on an associate of applied science degree under the Advanced Manufacturing Technician program, which trains technicians to set up, maintain and repair equipment. Click for a larger photo.

Developing a pipeline of highly trained workers is key to attracting companies that are looking to expand. The Alamo Colleges system in San Antonio, Texas, is a perfect example of how investing in job training programs with strong employer partnerships is helping one community prepare for the 21st century economy. U.S. Secretary of Labor Thomas E. Perez traveled to San Antonio on July 10 to visit the college's Workforce Center for Excellence. He met with students and local employers to discuss how their program, supported by department funding, is helping prepare students for high-demand, well-paying jobs. "The key to success is partnership in action — understanding we have to have a demand-driven approach," Perez said. "It's about meeting demand needs of employers." Following the roundtable discussion at Alamo College, Perez toured a Toyota plant that is partnering with the college system in the Advanced Manufacturing Technician program. The Toyota plant's program enables students to earn a paycheck while attending college. Students in the program work three days a week at a starting wage of $12 per hour, and they may one day be eligible for an entry-level full-time position earning $22 per hour.

Boosting Flexible Workplace Policies for Families

Secretary Perez participates in a roundtable focused on working women's economic issues and the minimum wage in San Antonio, Texas, on July 10.

At the June 23 Summit on Working Families, President Obama said that flexible workplace policies is "a family issue and an American issue." Building on the message that family-friendly policies have benefits for the nation's workers, workplaces and economy, Secretary Perez participated in a roundtable on economic issues in San Antonio, Texas, on July 10. Cohosted by the American Association of University Women and Texas State Rep. Trey Martinez Fischer, the roundtable focused on working women's economic issues and the minimum wage. Perez heard from workers about the difficulties of meeting their families' needs while satisfying workplace demands. These workers also discussed the benefits of policies that recognize the challenges they face on and off the job. "It's not right, it's not fair, it's not America if you have to work 80 hours a week to feed your family," Perez said.

Read About Working Families
Learn About the Minimum Wage


It Happened on the Hill

Congress Passes Workforce Innovation and Opportunity Act

The House of Representatives passed the Workforce Innovation and Opportunity Act on July 9 with a strong bipartisan vote of 415 to 6. The House vote follows approval of the bill in the Senate (95 to 3, in late June and will now be sent to President Obama for his signature. The legislation is the first and long-awaited update to the Workforce Investment Act of 1998, which serves as the foundation for federal job training programs. The new law will help to align the workforce system with regional economies and strengthens the network of American Job Centers to deliver more integrated, comprehensive services to workers, job seekers and employers, while also increasing performance accountability. In a statement following the bill's passage, Secretary Perez said, "Democrats and Republicans have come together on a bill that is good for workers, employers and the economy as a whole. It will help more people succeed in 21st century jobs and punch their ticket to the middle class. And it will help businesses hire the world-class, highly-skilled workforce required to compete successfully in the global economy."

Read the Secretary's Statement


Around DOL

It's All About the Data...

Secretary Perez and Commissioner of Labor Statistics Erica Groshen host a roundtable discussion on economic data with representatives from national news outlets. Click for a larger photo.

More than 30 reporters, editors and graphic designers from national news outlets gathered at Department of Labor headquarters in Washington, D.C., on July 8 for a roundtable discussion on how the Bureau of Labor Statistics can improve the presentation of its data. Secretary Perez, Commissioner of Labor Statistics Erica Groshen and CNBC senior economics reporter Steve Liesman kicked off the discussion. The journalists discussed their need for more contextual data, the gap between data and personal experiences, and the type of data they would like to see produced in the future. "We are engaged in a continuous process of improvement," said Perez. "Follow up and tell us what's on your mind." He concluded by noting that "behind every number is a real person."


DOL Working for You

Safety Pays in Worker Retention and Profits

Dr. Elena Marin, CEO of Su Clinica. Click for a larger photo.

When Su Clinica, a community health center in South Texas, began working with the Occupational Safety and Health Administration's free On-site Consultation Program, the small business whittled down to zero its large number of annual state worker compensation claims, while doubling the size of its work staff across five locations. "Employee safety, productivity, workplace pride, loyalty and job satisfaction have all increased" because of the partnership, said Dr. Elena Martin, Su Clinica's chief executive officer. "Even our annual insurance premiums have dropped 22 percent while adding 200 employees. We are committed in our efforts to maintain a model of workplace safety," she said. The On-site Consultation Program, which is free and provides confidential safety and health advice, conducted safety tours, provided recommendations and identified additional low-cost resources. Since 2003, the clinic has moved from one safety officer for five separate locations to a structure that includes a committee that proactively assesses the environment on a continual basis, conducts and documents employee training, and assigns safety monitors to each section of every facility.

Learn About OSHA's On-site Consultation Program


DOL in Action

Evasive Pay Practices Found, Lead to $1.6 Million in Back Wages

B & D Contracting Inc., a labor recruiting and staffing agency that caters to oil field services and maritime fabrication facilities along the Gulf Coast, has agreed to pay $1,660,438 in back wages to 1,543 current and former employees. A Wage and Hour Division investigation found that the company engaged in improper practices that resulted in employees being denied overtime compensation in violation of the Fair Labor Standards Act. The employees were assigned to client work sites throughout Louisiana, Mississippi and Alabama to work as welders, pipe fitters, ship fitters and other classifications that serviced clients' needs. "Temporary staffing agencies serve valuable and legitimate business needs in today's economy," said Dr. David Weil, administrator for the Wage and Hour Division. "But employers may not manipulate these arrangements and use evasive pay practices to avoid paying workers their rightful wages."

Read the News Release

Underpaid Drivers Will Receive $500,000 From Limo Service

The department has obtained a judgment in U.S. District Court in Connecticut ordering S.D. Transportation Services LLC, doing business as Premier Limousine, and owner Stephen DiMarco, to pay $500,000 in back wages and liquidated damages to 183 drivers who were denied legally required overtime wages. The judgment resolves a lawsuit filed after a Wage and Hour Division investigation found the defendants had violated the Fair Labor Standards Act by underpaying drivers who regularly operated sedans, limousines and sport utility vehicles. The judgment enjoins and restrains S.D. Transportation from future violations of the overtime and record-keeping requirements of the FLSA.

Read the News Release

Former Texas Union Officer Sentenced for Embezzlement

Linda Ryan, former financial secretary-treasurer of Steelworkers Local 208 in Irving, Texas, recently was sentenced to six months of imprisonment as well as three years supervised release, and was ordered to pay $54,416 in restitution. In January, Ryan was indicted on one count of embezzlement of union funds in U.S. District Court for the Northern District of Texas. An Office of Labor-Management Standards investigation found that, beginning in March 2008, Ryan embezzled $33,277 by altering the amounts on checks written to her after they were approved. Starting in November 2008, Ryan also wrote unauthorized checks to herself for various amounts and forged the signatures of the president and trustees on checks totaling $21,138. Ryan also tampered with union records by creating false financial reports and expense vouchers and altering bank statements using Wite-Out correction fluid. When interviewed by OLMS, Ryan admitted that she used the embezzled funds to pay personal bills.

Two Workers Killed in Fall at Highway Overpass Construction Site

R.R. Dawson Bridge Co. LLC, of Bessemer, Ala., was cited by the Occupational Safety and Health Administration following the death of two workers who fell approximately 90 feet while working on construction of the I-85 interchange Outer Loop overpass in Montgomery. The citations involved failure to provide the required fall protection, exposing workers to fall hazards, and not inspecting employee fall arrest systems before use. "Falls continue to be the leading cause of fatalities in the construction industry, but these hazards can be easily identified and eliminated to save lives," said Joseph Roesler, OSHA's area director in Mobile. "OSHA will continue to enforce fall protection requirements aggressively to reduce deaths."

Read the News Release

Workers Exposed to Hazards at Alabama Plastic Manufacturing Plant

Sterilite Corp., doing business as Sterilite of Alabama LLC, and Marathon Staffing Corp. Inc., have been cited for 13 safety and health violations following an Occupational Safety and Health Administration investigation at the plastic manufacturer's facility in Birmingham, Ala. OSHA initiated the inspection as part of its national emphasis program on amputations and its regional emphasis program to limit worker exposure to high noise levels. Proposed penalties total $49,000.

Read the News Release

Laborer to Receive $100,000 in Whistleblower Case

A general laborer employed with McKees Rocks Industrial Enterprises Inc. in McKees Rocks, Pa., will receive $100,000 in monetary damages following a consent judgment the company entered into with the department on July 2. After filing a complaint with the Occupational Safety and Health Administration regarding safety concerns at the employer's industrial park and terminal facility, the worker was terminated and later filed a whistleblower complaint with OSHA. In September 2013, the department filed suit in federal district court seeking reinstatement and monetary damages on behalf of the employee. No prior whistleblower case handled by the department has ever been settled or gone to verdict with such a high recovery amount.

Read the News Release

Lack of Fall Protection Found at 4 Florida Work Sites

Burgos Construction Corp. has been cited by the Occupational Safety and Health Administration for four willful, one repeat and two serious safety violations. OSHA took this action after their inspectors observed employees performing residential construction without using a fall protection system at four work sites in Lithia, Tampa, Riverview and Land O' Lakes, Fla. Citations were issued for failing to provide fall protection systems to workers at each of the four job sites where they worked at heights ranging from 9 to 28 feet. Proposed penalties total $228,690.

Read the News Release

Investigation of Florida Trench Collapse Leads to Penalties

R.E. Arnold Construction Inc., of Gainesville, Fla., was cited with one willful and two serious safety violations following an Occupational Safety and Health Administration investigation. The subcontractor, Suntree Technologies Inc., was also cited. OSHA initiated the inspection after an employee of R.E. Arnold became trapped when the wall of an excavation he was working in collapsed around him at a job site in Gainesville. The worker was rescued by firefighters and taken to the hospital. Proposed penalties total $101,200.

Read the News Release

Workers Faced Potential Entrapment in Grain Bin

Three employees of Sabina Farmers Exchange Inc. in Wilmington, Ohio, were found working inside a grain storage bin while a mechanical sweep auger — a machine used to push grain remaining at the bottom of a storage bin toward the bin's opening — was operating. This action could have engulfed the workers in flowing grain. Consequently, the Occupational Health and Safety Administration conducted an inspection and cited the company for three repeat and six serious safety violations at the company's grain bins in Wilmington and Sabina. OSHA has proposed penalties of $50,051.

Read the News Release

Brooklyn Contractor Faulted for Putting Workers at Risk of Fatal Falls

Workers demolishing a three-story building in Brooklyn were at risk of potentially fatal falls when their employer failed to provide lifesaving fall protection. As a result, the Occupational Safety and Health Administration has proposed $45,200 in penalties against US Demco of Brooklyn Inc. for one willful and seven serious violations of workplace safety standards. "Falls remain the leading cause of death in construction work," said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens. "Yet, on at least two occasions, an OSHA inspector discovered US Demco employees working on the second-and third-floor levels without fall protection, even though US Demco had knowledge of this deadly and avoidable hazard."

Read the News Release

'Alarming Conditions' Found at West Virginia Coal Mine

During a targeted impact inspection at a West Virginia coal mine on June 24, inspectors from the Mine Safety and Health Administration found dozens of serious violations when the mine operator failed to follow approved ventilation, methane and dust control plans underground. Critical ventilation controls at Rhino Eastern LLC's Eagle Mine 3 in Wyoming County were not installed while the continuous mining machine was cutting coal, leaving clouds of harmful, thick dust that was clearly visible. "The alarming conditions found at Eagle Mine 3 show that common-sense practices to prevent black lung, mine explosions and other hazards were ignored," said Joseph A. Main, assistant secretary of labor for mine safety and health. "There is absolutely no excuse for allowing such dangerous conditions to exist, and miners deserve better."

Read the News Release

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