WASHINGTON, DC – Today, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued its fiscal year (FY) 2020 enforcement fact sheet highlighting the Agency’s recovery of over $3.1 billion in direct payments to plans, participants and beneficiaries in FY 2020.

HONOLULU, HI – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), The Miranda Group – a landscaping company based on Kauai, Hawaii – has paid $83,192 to 48 employees to resolve violations of the Fair Labor Standards Act’s (FLSA) overtime requirements.

ATLANTA, GA – After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), the U.S. District Court for the Northern District of Georgia has sentenced Carrie N. Harris – former Chief Financial Officer, Treasurer and Plan Administrator for the Southern Pan Services Employee Stock Ownership Plan (ESOP) – after she made more than $1 million in fraudulent withdrawals from the company’s bank accounts to pay charges to Harris’ and her husband’s personal and business credit cards.

SAN FRANCISCO, CA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into conciliation agreements with Hewlett Packard Inc. (HPI) and Hewlett Packard Enterprise (HPE) to resolve allegations of systemic pay discrimination against 391 female employees in several states. While not admitting liability, the California-based federal technology contractors agreed to pay $1,450,000 in back pay and interest to settle the allegations.

WASHINGTON, DC – Last week, the U.S. Department of Labor took a range of actions to aid American workers and employers as our nation combats the coronavirus pandemic.

Reopening America’s Economy:

WASHINGTON, DC – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has released an updated tool to help employers comply with the Mental Health Parity and Addiction Equity Act (MHPAEA) and related requirements under the Employee Retirement Income Security Act of 1974 (ERISA).

PHILADELPHIA, PA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with B. Braun Medical Inc. – a federal contractor based in Bethlehem, Pennsylvania – to resolve allegations of discrimination against female employees.

WASHINGTON, DC – Since the start of the coronavirus pandemic through Oct. 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited 112 establishments for violations relating to coronavirus, resulting in proposed penalties totaling $1,603,544.

OSHA inspections have resulted in the agency citing employers for violations, including failures to:

NEWPORT NEWS, VA – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into an early resolution conciliation agreement with Newport News Shipbuilding – a division of Huntington Ingalls Industries – to resolve allegations of systematic hiring discrimination and to enhance future compliance proactively.

LUBBOCK, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), M & US Concrete Inc. – based in Lubbock, Texas – has paid $43,216 in back wages to nine employees for violating the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

LOUISVILLE, KY – After an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), the U.S. District Court for the Western District of Kentucky has sentenced Candi Fluhr, a former controller in Bullitt County, Kentucky, to 94 months in prison, 36 months of supervised release, and ordered her to pay $838,804 in restitution.

LUBBOCK, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Armstrong Mechanical Inc. – based in Lubbock, Texas – has paid $115,113 in back wages to 20 employees for violating the prevailing wage requirements of the Davis-Bacon and Related Acts (DBRA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

TULLOS, LA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), LaSalle Corrections – based in Ruston, Louisiana – has paid $125,516 in unpaid fringe benefits to 122 employees to resolve violations of the McNamara-O'Hara Service Contract Act (SCA).

WASHINGTON, DC – Assistant Secretary of Labor for the Employment and Training Administration John Pallasch issued the following statement regarding Weekly Unemployment Claims:

“As Americans continue to return to work, today’s report showed a huge decrease of one million individuals coming off of unemployment insurance rolls. The four week average initial weekly claim numbers, which takes out much of the volatility of weekly claims, hit the lowest point since the start of the pandemic. 

In the week ending October 17, the advance figure for seasonally adjusted initial claims was 787,000, a decrease of 55,000 from the previous week's revised level. The previous week's level was revised down by 56,000 from 898,000 to 842,000. The 4-week moving average was 811,250, a decrease of 21,500 from the previous week's revised average. The previous week's average was revised down by 33,500 from 866,250 to 832,750.

PLENTYWOOD, MT – The operator of a Plentywood, Montana, facility for people with disabilities has paid $1,600 in back wages to an employee after the employer wrongly denied emergency paid sick leave despite the employee being advised by her healthcare provider to quarantine due to concerns related to the coronavirus, a violation of provisions of the Families First Coronavirus Response Act (FFCRA).

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced it will publish a Request for Information (RFI), as required by Executive Order 13950, “Combating Race and Sex Stereotyping,” on Sept. 22, 2020.

HOUSTON, TX – The U.S. Department of Labor has entered into a conciliation agreement with The American Bottling Company to resolve alleged hiring discrimination at the Houston, Texas, facility.

WASHINGTON, DC – The U.S. Department of Labor today announced that the Office of Federal Contract Compliance Programs (OFCCP) had the best year for compliance assistance and the second highest year for monetary settlements for fiscal year (FY) 2020.

LEXINGTON, KY – After a joint investigation by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) and the IRS, U.S. District Court Judge Karen K. Caldwell sentenced two Kentucky healthcare companies’ executives to prison and ordered them to pay $1,595,725 in restitution.