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

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 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 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.

February 12, 2013

US Labor Department obtains consent judgment to recover $1.3 million in back wages for more than 14,500 workers of kgb USA Inc.

Company misclassified employees as independent contractors; failed to pay minimum wage

BETHLEHEM, Pa. — A federal judge has ordered kgb USA Inc., the world's largest independent provider of directory assistance and enhanced information services, to pay $1.3 million in minimum wage compensation to 14,568 of its current and former employees nationwide for violations of the Fair Labor Standards Act.

February 11, 2013

Statement by acting Secretary Seth D. Harris regarding proposed Unemployment Insurance legislation in North Carolina

WASHINGTON – Acting Secretary of Labor Seth D. Harris today issued the following statement regarding North Carolina House of Representatives Bill 4:

February 11, 2013

US Labor Departments OSHA cites Jacksonville, Fla.-based Bacardi Bottling following death of temporary worker on 1st day

JACKSONVILLE, Fla. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Bacardi Bottling Corp. with 12 alleged safety violations following the death of a 21-year-old temporary worker his first day on the job. Lawrence Daquan "Day" Davis was crushed to death by a palletizer machine at the Jacksonville facility in August 2012. The company uses Remedy Intelligent Staffing as a temporary staffing service to provide laborers for certain types of jobs.

February 7, 2013

ETA Press Release: Unemployment Insurance Weekly Claims Report

SEASONALLY ADJUSTED DATA In the week ending February 2, the advance figure for seasonally adjusted initial claims was 366,000, a decrease of 5,000 from the previous week's revised figure of 371,000. The 4-week moving average was 350,500, a decrease of 2,250 from the previous week's revised average of 352,750.

February 7, 2013

US Department of Labor announces grant competition to provide career training to farmworkers

WASHINGTON – The U.S. Department of Labor today announced a grant competition for the National Farmworker Jobs Program. Funds will be used to provide career training and employment and supportive services to improve economic opportunities for migrant and seasonal farmworkers and their families.

"Farmworkers – harvesting and packaging the vegetables and fruits that feed a nation – are vital to our economy. These Labor Department grants will be an investment that benefits not only these workers but all of us," said acting Secretary Seth D. Harris.

February 5, 2013

US Labor Department marks 20th anniversary of Family and Medical Leave Act

New rule announced benefitting military families and airline flight crews

February 5, 2013

Judge orders appointment of independent fiduciary, termination of Maximus Multimedia International 401(k) Savings Plan in Peoria, Ill.

Date of Action: Feb. 1, 2013

Type of Action: Default judgment

Names of Defendants: Maximus Multimedia International LLC and Maximus Multimedia International LLC 401(k) Savings Plan in Peoria, Ill.

February 5, 2013

Judge orders fiduciaries, company to restore losses to Herb’s Carpet & Tile SIMPLE IRA Plan in Fremont, Mich.

Date of Action: Feb. 4, 2013

Type of Action: Default judgment

Names of Defendants: Philip Oakes, Herb’s Carpet & Tile, Inc., and the Herb’s Carpet & Tile Savings Incentive Match Plan for Employees Individual Retirement Account Plan in Fremont, Newaygo County, Mich.