February 27, 2013

Statement by acting Secretary of Labor Seth D. Harris on Americas workers earning at or below the federal minimum wage

WASHINGTON – The U.S. Department of Labor's Bureau of Labor Statistics has released a report titled "Characteristics of Minimum Wage Workers: 2012." The report shows that 75.3 million workers in the United States age 16 and over were paid at hourly rates, representing 59 percent of all wage and salary workers. Among those paid by the hour, 1.6 million earned exactly the prevailing federal minimum wage of $7.25 per hour. About 2 million had wages below the federal minimum.

February 27, 2013

US Labor Departments OSHA cites Highway Technologies for 10 safety violations after worker killed on I-94 guard rail project near Menomonie, Wis.

Company placed in OSHAs Severe Violator Enforcement Program

MINNEAPOLIS – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Highway Technologies Inc. in Minneapolis for 10 safety – including six willful – violations after a worker died from injuries sustained while working with equipment that came into contact with overhead power lines on I-94 near Menomonie, Wis.

February 27, 2013

US Labor Department recovers more than $43 million for Madoff victims

WASHINGTON – The U.S. Department of Labor has reached a settlement that provides for payment of more than $34 million to compensate employee benefit plans for losses suffered through investments in funds managed by Austin Capital Management, which indirectly invested in Bernard L. Madoff’s Ponzi scheme. The agreement follows an earlier settlement with Austin Capital’s parent company, KeyCorp, for more than $9 million. Recoveries from both settlements total more than $43 million for plan investors in funds managed by Austin Capital.      

February 26, 2013

US Labor Department rescinds restrictions on investigating pay discrimination

WASHINGTON — The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines."This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination.

February 26, 2013

Judge orders owner of A.B.D. Tank & Pump Co. to restore $2.8 million to worker retirement plan following US Labor Department investigation

Date of Action: Feb. 19, 2013

Type of Action: Default judgment

Names of Defendant: Keith Davis

February 25, 2013

Employee Benefits Security Administration to host webcasts for small businesses on retirement savings plans

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration will host two free webcasts for small business owners on retirement savings plans as part of America Saves Week.

February 22, 2013

US Labor Departments OSHA announces interim final rule, invites public comment on whistleblower protections for reporting violations of Affordable Care Acts health insurance reforms

WASHINGTON The U.S. Department of Labor's Occupational Safety and Health Administration has published an interim final rule in the Federal Register that governs whistleblower complaints filed under Section 1558 of the Affordable Care Act. The Affordable Care Act contains various provisions to make health insurance more affordable and accountable to consumers.

February 21, 2013

ETA Press Release: Unemployment Insurance Weekly Claims Report

SEASONALLY ADJUSTED DATA In the week ending February 16, the advance figure for seasonally adjusted initial claims was 362,000, an increase of 20,000 from the previous week's revised figure of 342,000. The 4-week moving average was 360,750, an increase of 8,000 from the previous week's revised average of 352,750.

February 21, 2013

US Labor Department obtains $80 million for participants in Sherwin-Williams Employee Stock Purchase and Savings Plan

WASHINGTON – The U.S. Department of Labor has reached a settlement with the Cleveland-based Sherwin-Williams Co. that will provide $80 million to current and past participants of its Employee Stock Purchase and Savings Plan. The agreement is the result of an investigation by the department’s Employee Benefits Security Administration into whether Sherwin-Williams, seeking to take advantage of tax breaks, improperly managed the plan in violation of the Employee Retirement Income Security Act. The settlement also requires Illinois-based GreatBanc Trust Co.

February 21, 2013

Judge order fiduciary to restore funds to Accucast Technology 401(k) in South Bend, Ind.

Date of Action: Feb. 15, 2013

Type of Action: Default judgment

Names of Defendant: Joseph A. Seher, Accucast Technology LLC 401(k) Plan and Accucast Technology LLC Health Plan

Allegations: Seher in his capacity as a fiduciary to the Accucast Technology LLC 401(k) Plan and Accucast Technology LLC Health Plan failed to ensure employee contributions were forwarded to the plan.

February 20, 2013

Meyers Family Restaurant agrees to pay more than $116,000 in back wages to 38 employees in Greenfield, Wis., following US Department of Labor investigation

GREENFIELD, Wis. — Meyer's Family Restaurant has agreed to pay $116,102 in back wages to 38 employees following an investigation by the U.S. Department of Labor's Wage and Hour Division that disclosed violations of the Fair Labor Standards Act's overtime pay and record-keeping provisions.

February 19, 2013

US Department of Labor certifies more than 18,000 former Hostess workers around the country as eligible to apply for Trade Adjustment Assistance

WASHINGTON – The U.S. Department of Labor today announced that approximately 18,000 workers laid off in 48 states from 864 Hostess company locations are eligible to apply for Trade Adjustment Assistance.

February 19, 2013

San-Way Farms Inc. in Florida pays nearly $90,000 in back wages and penalties for violations following US Labor Department investigation

Ongoing initiative strengthens labor law compliance in Floridas agricultural industry

PLANT CITY, Fla. — San-Way Farms Inc. and owner Wayne Moss have paid $53,800 in back wages to 391 employees after an investigation by the U.S. Department of Labor's Wage and Hour Division disclosed significant violations of the Migrant and Seasonal Agricultural Worker Protection Act. The department assessed the employer an additional $35,000 in civil money penalties, which have also been paid in full.

February 18, 2013

Judge orders fiduciary to restore more than $19,000 to Jomar Building Co. Inc., employee benefit plans in Detroit

Date of Action: April 18, 2013

Type of Action: Consent Order and Judgment

Name of Defendant: Odell Jones, III, individually and as a fiduciary to the Jomar Building Company Inc. 401(k) Plan and the Jomar Building Company Inc. Benefit Plan

February 14, 2013

ETA Press Release: Unemployment Insurance Weekly Claims Report

SEASONALLY ADJUSTED DATA In the week ending February 9, the advance figure for seasonally adjusted initial claims was 341,000, a decrease of 27,000 from the previous week's revised figure of 368,000. The 4-week moving average was 352,500, an increase of 1,500 from the previous week's revised average of 351,000.

February 14, 2013

Lyons Group to pay $424,000 in back wages and liquidated damages to 409 underpaid workers at 15 well-known Boston restaurants

Patrick Lyons to alert fellow restaurateurs of need to pay proper wages

February 14, 2013

US Department of Labor files suit to recover an additional $57,000 for workers in five Nashville, TN, area retirement plans

NASHVILLE, Tenn. – The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the Middle District of Tennessee against Aaron Donald Vallett and his wholly-owned company, A.D. Vallett & Co. LLC, which provided third-party administrative services to a number of retirement plans in the Nashville area. The company also provided brokerage services and financial advice to a number of individual and corporate clients.

February 14, 2013

Solis v. Tomco Auto Products, Inc. involving summary judgment and default judgment of Tomco Auto Products, Inc. in Los Angeles, Calif.

Date of Action: Jan. 31, 2013

Type of Action: Motions for Summary Judgment and Entry of Default Judgment

Names of Defendants: Richard Alan Schoenfeld and Tomco Auto Products, Inc.

Allegations: Plan fiduciaries improperly withdrew $197,000 from the plan in late 2004, and used the money to pay the financial obligations of Tomco Auto Products, Inc. Plan fiduciaries failed to repay $47,000 in principal plus $22,511.36 in lost earnings to the plan.

February 13, 2013

US Department of Labor awards grant to Rhode Island to enhance state's Self-Employment Assistance program

BOSTON – The U.S. Department of Labor today awarded a grant of $159,734 to the state of Rhode Island to enhance and promote its Self-Employment Assistance program. Rhode Island plans to use the funding to implement intensive training as well as one-on-one mentoring to assist potential entrepreneurs in starting their own businesses.

February 13, 2013

US Department of Labor files discrimination lawsuit against Diamond Tree Experts in Salt Lake City

Investigation found employee terminated for refusing to return wages earned

SALT LAKE CITY — The U.S. Department of Labor has filed a lawsuit against Diamond Tree Experts Inc. after an investigation by the Wage and Hour Division found that the company violated the Fair Labor Standards Act by discriminating against employees for exercising their rights under the law.