Judge orders Bloom Energy Corp. to pay back wages, liquidated damages and penalties

US Labor Department releases key findings on acts 20th anniversary

WASHINGTON — To mark the 20th anniversary of the signing of the landmark Family and Medical Leave Act, the U.S. Department of Labor today released the results of a survey on its use and impact. Titled "Family and Medical Leave Act in 2012: Final Report," the survey shows that the law has had a positive effect on the lives of millions of workers and their families without imposing an undue burden on employers.

WASHINGTON — The U.S. Department of Labor today announced a settlement agreement with ING Life Insurance and Annuity Co. that provides for a $5.2 million payment to certain retirement plan clients adversely affected by its undisclosed practice of keeping investment gains achieved when the company failed to process requested transactions in a timely manner.

The department alleged that ILIAC's failure to disclose its policy on reconciling transaction processing errors to retirement plan clients was a violation of the Employee Retirement Income Security Act.

WASHINGTON – Acting Secretary of Labor Seth D. Harris issued the following statement on the January 2013 Employment Situation report released today:

"This morning's report shows solid, steady growth in jobs. The economy added 157,000 nonfarm payroll jobs in January, while the unemployment rate was unchanged at7.9 percent.

Fatality rates at an all-time low, while annual number of deaths is 2nd lowest

ARLINGTON, Va. – Preliminary data from the U.S. Department of Labor's Mine Safety and Health Administration released today indicates that, in 2012, mining fatality rates reached an all-time low for the second straight year. Fatality rates are calculated based on the number of mining deaths per 200,000 hours worked.

WASHINGTON – The U.S. Department of Labor today announced a $529,837 National Emergency Grant to assist about 150 workers affected by the closure of Siltronic Corp. in Portland, Ore., which manufactures silicon wafers for computers, smartphones, navigation systems and similar devices.

SEASONALLY ADJUSTED DATA In the week ending January 26, the advance figure for seasonally adjusted initial claims was 368,000, an increase of 38,000 from the previous week's unrevised figure of 330,000. The 4-week moving average was 352,000, an increase of 250 from the previous week's unrevised average of 351,750.

WASHINGTON — The U.S. Department of Labor's Office of Workers' Compensation Programs today announced a $75,000 settlement with The Sandi Group/Corporate Bank Financial Services for failure to report in a timely manner on the injuries and deaths of 30 employees in Iraq between 2003 and 2005.

Date of Action: January 25, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Keith Vinson and Tradition, LLC

WASHINGTON – The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will hold its 165th public meeting March 1.

The meeting will take place at department headquarters, 200 Constitution Ave. NW, Suite C-5521 Room 4, Washington, D.C. 20210. It will run from 1:30 p.m. to approximately 4:30 p.m. EST.

Date of Action: Jan. 29, 2013

Type of Action: Default judgment

Names of Defendant: Gautam Gupta, Gautam Gupta, M.D., doing business as, Nutrition Clinic 401(k) Plan

46 requests for temporary reinstatement made in 2012

NEW YORK – The U.S. Department of Labor has filed suit in the U.S. District Court for the Eastern District of New York seeking the appointment of an independent fiduciary to manage the 401(k) plan of defunct Windswept Environmental Group Inc. of Holtsville, N.Y.

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today announced technical updates to its Delinquent Filer Voluntary Compliance Program.

The Employee Retirement Income Security Act requires most private-sector plans to file an annual return/report of employee benefit plan. This is usually the Form 5500 or, for certain small plans, Form 5500-SF. Plan administrators who fail or refuse to comply with ERISA’s annual filing requirement may incur significant monetary penalties.

Date of Action: Jan. 25, 2013

Type of Action: Default judgment

Names of Defendant:Tannile Elizabeth Ortiz, a fiduciary to the Spencer & Associates LLC Profit Sharing and 401(k) Plan

SEASONALLY ADJUSTED DATA In the week ending January 19, the advance figure for seasonally adjusted initial claims was 330,000, a decrease of 5,000 from the previous week's unrevised figure of 335,000. The 4-week moving average was 351,750, a decrease of 8,250 from the previous week's revised average of 360,000.

WASHINGTON – The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 150 citations and nine orders during special impact inspections conducted at eight coal mines and three metal/nonmetal mines last month.

WASHINGTON – Deputy Secretary of Labor Seth D. Harris has issued the following statement regarding the Bureau of Labor Statistics report released today on union membership in 2012:

"Today the Bureau of Labor Statistics announced that, in 2012, the unionization rate of employed wage and salary workers was 11.3 percent. Among private sector employees, the rate was 6.6 percent.

Date of Action: Jan. 18, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Towson Rehabilitation LLC, chief executive officer Howard Neels, and the Towson Rehabilitation 401(k) plan

Allegations: Since January 2006, the defendants failed to remit employee contributions to the plan, remitted certain employee contributions late without interest, and failed to segregate the plan's assets from the general assets of the company.

Date of Action: Jan. 22, 2013

Type of Action: Default judgment

Name(s) of Defendant(s): Gary L. Merritt, as fiduciary to the Bemcore Inc. Incentive Plan, Bemcore, Inc. and Bemcore, Inc. Incentive Plan in Dayton, Ohio