WASHINGTON – The U.S. Court of Appeals for the Seventh Circuit rejected a challenge by the National Roofing Contractors Association to the Occupational Safety and Health Administration's December 2010 directive on the use of fall protection in residential construction. The directive withdrew an earlier one that allowed certain residential construction employers to bypass some fall protection requirements.

SEASONALLY ADJUSTED DATAIn the week ending April 9, the advance figure for seasonally adjusted initial claims was 412,000, an increase of 27,000 from the previous week's revised figure of 385,000. The 4-week moving average was 395,750, an increase of 5,500 from the previous week's revised average of 390,250.

The advance seasonally adjusted insured unemployment rate was 2.9 percent for the week ending April 2, a decrease of 0.1 percentage point from the prior week's unrevised rate of 3.0 percent.

STEVENSVILLE, Mich. – The U.S. Department of Labor has sued defunct Metal Processors Inc., a die maker in Stevensville, and owner Russel Reschke, to restore $16,200 in employee contributions plus lost interest to the company’s 401(k) plan. The case resulted from an investigation by the department’s Employee Benefits Security Administration into alleged violations of the Employee Retirement Income Security Act.

CHICAGO – The U.S. Department of Labor has sued now defunct Family Care Management of Northbrook and trustees Robert Kaplan, Michael Kaplan and Arnold Kaplan for allegedly failing to administer and terminate the company’s 401(k) and profit-sharing plan in violation of the Employee Retirement Income Security Act.  This situation has prevented qualified participants from obtaining distributions of their individual account balances since the company ceased operations in 2007.  At that time, the plan had 15 participants and assets totaling $124,236.

OAK PARK HEIGHTS, Minn. – The U.S. Department of Labor has sued Greeder Mondor Electric Co., a defunct Oak Park Heights electrical contractor, and the company’s owner, Scott Mondor, for allegedly failing to administer and terminate the Greeder Mondor Electric Co. 401(k) Profit Sharing Plan in violation of the Employee Retirement Income Security Act.

JANESVILLE, Wis. – The U.S. Department of Labor has obtained a consent judgment and court order requiring Janesville-based Premier Vending Inc. and David R. Biggerstaff, the president and former owner of the company, to restore a total of $31,204.46 in voluntary employee contributions plus lost interest to the company’s 401(k) plan. The judgment, entered in U.S. district court in Madison, resolves a lawsuit filed by the department for violations of the Employee Retirement Income Security Act.

WASHINGTON – The U.S. Department of Labor today announced an $808,316 National Emergency Grant to assist about 128 workers affected by multiple small dislocations at 77 companies throughout eastern Kentucky. The companies from which workers have been laid off represent a variety of industries, including construction, mining, auto parts, computer/IT services, trucking, manufacturing, tax services, education, health, law, banking, retail and pharmacy, among others.

HWA provided services in Washington, Oregon, Idaho, Missouri and New York

BOSTON – The U.S. Department of Labor has sued David Sisti, the named trustee of the Equity Concepts Inc. Profit Sharing and 401(k) Plan of Cranston, R.I., for failure to remit employee contributions to the plan, in violation of the federal Employee Retirement Income Security Act.

Equity Concepts Inc. ceased operations in early 2008 and is the subject of a voluntary receivership in Rhode Island superior court.  The retirement plan was funded solely by employee contributions.

WASHINGTON – Secretary of Labor Hilda L. Solis today issued the following statement regarding Equal Pay Day, which will be tomorrow, April 12:

"As a growing segment of America's workforce, women now hold nearly half of today's jobs. Their earnings account for a significant portion of the household income that sustains the financial well-being of their families.

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.

Date of Action:  March 31, 2011
Type of Action:  Default Judgment and Order
Name(s) of Defendant:  Metro Mechanical Systems, Inc. and William R. Tucker
Allegations:  The defendants failed to respond to the U.S. Department of Labor’s Complaint

WASHINGTON – The U.S. Department of Labor today announced a $3,972,529 National Emergency Grant incremental award to continue re-employment services for about 2,580 workers affected by layoffs and plant closures at 80 companies throughout Wisconsin, predominantly in the manufacturing sector.

ATLANTA – The U.S. Department of Labor is suing CSG Group, and the company’s owner, Thomas Wimberly, for violating the Employee Retirement Income Security Act and to restore losses suffered by participants and beneficiaries of the company’s 401(k) profit sharing plan.

SEASONALLY ADJUSTED DATA In the week ending April 2, the advance figure for seasonally adjusted initial claims was 382,000, a decrease of 10,000 from the previous week's revised figure of 392,000. The 4-week moving average was 389,500, a decrease of 5,750 from the previous week's revised average of 395,250.

The advance seasonally adjusted insured unemployment rate was 3.0 percent for the week ending March 26, unchanged from the prior week's unrevised rate of 3.0 percent.

Company also facing fines for repeated and willful violations of Fair Labor Standards Act

WASHINGTON – The U.S. Department of Labor today announced it is soliciting public comments to assist in determining whether and possibly how to expand or modify current rules regarding the electronic distribution of employee benefit plan information. Plan information, such as quarterly account statements, is required to be disclosed under the Employee Retirement Income Security Act, which is enforced by the department’s Employee Benefits Security Administration.

DOVER, Del. – The U.S. Department of Labor has obtained a consent judgment from the U.S. District Court for the District of Delaware ordering David Owen, the former president of defunct Owen Printing Dover Inc., to pay $4,640 in restitution and interest to the company’s 401(k) plan.

First meeting to be held April 19-20, open to public

WASHINGTON – Secretary of Labor Hilda L. Solis today announced the appointment of 15 new members to the Maritime Advisory Committee for Occupational Safety and Health, which will hold an open meeting on April 19 and 20 at the U.S. Department of Labor's headquarters in Washington.

BISMARCK, N.D. The U.S. Department of Labor's Occupational Safety and Health Administration has cited North Central Farmers Elevator in Ipswich, S.D., with six willful violations for exposing workers to being engulfed by grain. Proposed penalties total $378,000.