WASHINGTON — The U.S. Department of Labor's Office of Workers' Compensation Programs has successfully defended a recent amendment to the Black Lung Benefits Act contained in the Patient Protection and Affordable Care Act. The U.S. Court of Appeals for the 3rd Circuit held in "B & G Construction Co. v. Campbell and Director, Office of Workers' Comp. Programs" that the amendment is constitutional and provides benefits to certain survivors of miners who were entitled to benefits at the time of their deaths.

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the regulations governing whistleblower complaints filed under the Sarbanes-Oxley Act of 2002.

All-Feed Processing & Packaging failed to protect workers from dust and noise exposure

WASHINGTON – The U.S. Department of Labor today announced the formal recognition of the Guam Department of Labor as the state apprenticeship agency authorized to oversee the territory's Registered Apprenticeship system.

LOS ANGELES – Two former corporate officers of an East Los Angeles community hospital have been ordered to repay $600,692 plus post-judgment interest to the ElaStar Community Hospital Retirement Savings Plan, according to the terms of a consent judgment and order filed in the U.S. District Court for the Central District of California’s Southern Division.

WASHINGTON – The U.S. Department of Labor today announced a $1,423,992 National Emergency Grant to create temporary jobs for eligible dislocated workers to assist with cleanup and recovery efforts in the aftermath of the Texas wildfires that began in August.

WASHINGTON – The U.S. Department of Labor today announced a $504,000 National Emergency Grant to provide re-employment services to about 115 workers affected by layoffs at the Pittsburgh branch of the Federal Reserve Bank of Cleveland.

"This federal grant will assist workers in Pittsburgh who lost their jobs through no fault of their own," said Secretary of Labor Hilda L. Solis. "These workers will receive re-employment services and training to help them obtain jobs in Pittsburgh's growing industries."

Interested parties may submit comments through Dec. 1

Date of Action: Oct. 27, 2011

Type of Action: Consent order and judgment

Name(s) of Defendant: Joseph R. Kvidera, individually and as a fiduciary to the Procedo, Inc. 401(k) Profit Sharing Plan a/k/a the Procedo, Inc. 401(k) & Profit Sharing Plan.

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration has released a Securities and Exchange Commission staff no-action letter relating to EBSA's participant-level fee disclosure regulation and Rule 482 under the Securities Act of 1933. The letter states that information required by and that complies with the fee disclosure regulation that is provided by a plan administrator, or designee, to plan participants or beneficiaries will be treated as a communication that satisfies the requirements of Rule 482.

$68,000 in prizes awarded for innovative use of department data

WASHINGTON – The U.S. Department of Labor has awarded a $7,511,960 National Emergency Grant increment to the California Employment Development Department to continue cleanup and recovery efforts in the wake of the severe storms that struck California between Dec. 17, 2010, and Jan. 4, 2011.

SEASONALLY ADJUSTED DATA In the week ending October 22, the advance figure for seasonally adjusted initial claims was 402,000, a decrease of 2,000 from the previous week's revised figure of 404,000. The 4-week moving average was 405,500, an increase of 1,750 from the previous week's revised average of 403,750.

The advance seasonally adjusted insured unemployment rate was 2.9 percent for the week ending October 15, a decrease of 0.1 percentage point from the prior week's revised rate of 3.0 percent.

Date of Action: Oct. 27, 2011

Type of Action: Complaint

Names of Defendant: James T. Ledford, Davis Equipment Sales & Service, Inc., and the Davis Equipment Sales & Service, Inc., Savings Incentive Match Plan for Employees Individual Retirement Accounts Plan located in Salem, Ind.

ARLINGTON, Va. – The U.S. Department of Labor's Mine Safety and Health Administration today announced that federal inspectors issued 374 citations, orders and safeguards during special impact inspections conducted at 18 coal mines and two metal/nonmetal mines last month. The coal mines were issued 292 citations, 28 orders and one safeguard, while the metal/nonmetal operations were issued 52 citations and one order.

2,645 workers in Florida, Illinois, Pennsylvania and Texas affected

CARROLLTON, Texas — Hilton Reservations Worldwide LLC, doing business as Hilton Reservations and Customer Care in Carrollton, has agreed to pay $715,507 in minimum and overtime back wages to 2,645 current and former customer service employees following an investigation by the U.S. Department of Labor's Wage and Hour Division that found violations of the Fair Labor Standards Act.

17-year-old employee killed at meat rendering plant in 2009

WASHINGTON — The U.S. Department of Labor's Office of Labor-Management Standards will publish a final rule revising Form LM-30, the Labor Organization Officer and Employee Report, in the Federal Register on Oct. 26.

ARLINGTON, Va. – The U.S. Department of Labor's Mine Safety and Health Administration announced today that it has reached a settlement with GCR Tire Centers regarding the termination of an off-road tire technician who had complained about unsafe work practices at the Notasulga Quarry in Lee County, Ala.

The agreement resolves a formal discrimination complaint that MSHA filed in court on behalf of the employee, after the agency's investigation determined that the company fired the employee in retaliation for reporting safety concerns.

GRENADA, Miss. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Grenada Stamping and Assembly Inc., doing business as Ice Industries Grenada, for 26 safety violations carrying proposed fines of $113,400. In April, OSHA officials opened an inspection at the facility under the agency's national emphasis program on amputations after learning of a work-related amputation.