March 13, 2015

Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit

NEW YORK – Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 13, 2015

OSHA News Brief: OSHA issues hazard alert letter to Hope Elephants following death [03/13/2015]

Employer name: Hope Elephants

Inspection site: 49 Hatchet Rd., Hope, Maine 04847

Date of incident: James Laurita, co-founder, curator and elephant manager of the Hope Elephant Refuge was found dead in the refuge's compound on Sept. 9, 2014, with a crushed chest.

March 13, 2015

EBSA News Release: Laser and Skin Surgery of New York ESOP overpays in $24M stock sale, US Labor Department charges in lawsuit [03/13/2015]

NEW YORK — Accurate company valuations are critical when it comes to establishing an Employee Stock Ownership Plan. Too often, company owners seek to inflate the price to benefit themselves at the expense of workers. The U.S. Department of Labor alleges that this is what Dr. Roy Geronemus, owner of the Manhattan-based Laser and Skin Surgery Center of New York, and plan trustee Samuel Ginsberg did when they created the Laser Skin and Surgery Center Employee Stock Ownership Plan in 2009.

March 12, 2015

US Labor Department secures appointment of independent fiduciary to administer abandoned North Billerica, Massachusetts, retirement plan

Date of Action: March 9, 2015

Type of Action: Consent Judgment and Order

Name of Defendant: Electronic Business Solutions Inc.

March 12, 2015

OSHA News Release: OSHA cites Affordable Exteriors for 7th time in 10 years for failing to provide fall protection to roofers [03/12/2015]

Niece Products of Kansas faces more than $60K in fines for endangering workers

March 12, 2015

EBSA News Brief: US Labor Department files lawsuit against Longmont, Colorado, administrator for receiving illegal commission payments [03/12/2015]

Date of Action: March 9, 2015

Type of Action: Judgment to permanently enjoin from serving as a fiduciary to any retirement benefit plan subject to the Employee Retirement Security Income Act of 1974 and from violating the act.

Name(s) of Defendant: Alvin Martin Mavis

March 12, 2015

OWCP News Release: Direct Final Rule and Notice of Proposed Rulemaking seeks to modernize document and info transmission of Longshore claims [03/12/2015]

WASHINGTON — The U.S. Department of Labor's Office of Workers' Compensation Programs is expanding the means by which documents and information can be transmitted between OWCP and its stakeholders. A direct final rule and a proposed rule published in the March 12 issue of the Federal Register apply to claims handled by OWCP's longshore program.

March 12, 2015

OPA News Brief: Edward M. Kennedy inducted into Labor Hall of Honor [03/12/2015]

Who: U.S. Secretary of Labor Thomas E. Perez; former Labor Secretaries William E. Brock, Elaine Chao and Alexis M. Herman; Victoria Reggie Kennedy; Patrick Kennedy; Edward Kennedy Jr., William Kennedy Smith; U.S. Sens. Richard Durbin and Elizabeth Warren; and former congressman John Tierney.

March 11, 2015

OWCP News Release: Town hall meetings in Colorado will assist nuclear weapons workers [03/11/2015]

WASHINGTON — The U.S. Department of Labor will host three town hall meetings on March 18 in Westminster, Colorado, to provide nuclear weapons workers, including those who worked at the Rocky Flats Plant, with information about the Energy Employees Occupational Illness Compensation Program Act and the medical benefits provided to approved claimants under the program.

March 11, 2015

OSHA News Release: Serial violator Stephen Lessard faces contempt charges for ignoring OSHA safety hazards, failing to pay $400K in fines [03/11/2015]

Roofing contractor flouts prior court order; continues to put workers at risk of falls

BOSTON — A Maine roofing contractor's continued refusal to obey a federal court order to correct safety hazards and pay more than $400,000 in fines could send him to jail.

March 10, 2015

OSHA News Brief: OSHA fines Martinsburg, W. Va., contractor more than $109,000 for fall hazards at Morgantown, W. Va., work site [03/10/2015]

Employer name and location: Framing, siding, and roofing contractor K&F Construction Inc., P.O. Box 6013, Martinsburg, W. Va. 25402

Inspection site: Suncrest Village, 1000 Suncrest Village, Morgantown, W. Va. 26505, where K&F Construction employees performed roofing operations as part of the construction of three-story townhomes.

March 10, 2015

OSHA News Release: 58-year-old worker dies because Bridgeton, Missouri, manufacturer ignores safety hazards [03/10/2015]

BRIDGETON, Mo. — A 58-year-old maintenance worker was killed after he was pinned between a scrap metal table and a railing at Hussmann Corp.'s Bridgeton facility, an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration found. OSHA said the company failed to prevent the table from lowering unintentionally. As a result, Hussmann received three willful and 12 serious safety violations after the Sept. 6, 2014, incident.

March 10, 2015

OSHA News Release: Advance Auto Parts exposes workers to asbestos, mold hazards [03/10/2015]

KANSAS CITY, Mo. — A worker alleging the existence of asbestos, mold and hygiene hazards led to an inspection of an Advance Auto Parts store in Kansas City, where the U.S. Department of Labor's Occupational Safety and Health Administration found one repeated and 10 serious safety and health violations with fines of $60,000.

March 10, 2015

OSHA News Brief: Yonkers roofing contractor cited for seven repeat and four serious violations after exposing employees to potentially fatal falls [03/10/2015]

Employer name: Franco Roofing, Inc., roof construction contractor, Yonkers, N.Y.

Inspection site: 58 Edgemont Road, Katonah, N.Y. 10536

Date inspection initiated: OSHA's Tarrytown Area Office began an inspection on Oct. 20, 2014, when OSHA inspectors who were driving by the worksite observed employees working without fall protection.

March 10, 2015

OSHA News Brief: OSHA fines Bluewater Thermal Solutions $42,000 for 8 safety violations [03/10/2015]

Employer name: Hi Temp Northlake LLC, operating as Bluewater Thermal Solutions in Northlake, Illinois, a subsidiary of Bluewater Thermal Solutions of Greenville, South Carolina. The company specializes in heat treating powder metal parts.

Inspection site: Bluewater Thermal Solutions, 75 E. Lake St. Northlake, Illinois

March 9, 2015

Labor Department files suit to restore losses to Massey Wholesale Co. Inc. SIMPLE IRA Plan in Dawson, Georgia

Date of Action: Feb. 26, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Massey Wholesale Co. Inc., Massey Wholesale Co. SIMPLE IRA Retirement Plan, Larry W. Massey as executor of the estate of Mary S. Massey and Larry W. Massey

March 9, 2015

US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley

March 9, 2015

WHD News Brief: Honolulu restaurant to return more than $57K in tips and unpaid wages to 68 employees [03/09/2015]

Employer: Paradise Inn Hawaii LLC, doing business as Tsukiji Fish Market Restaurant

Site: One restaurant location at the Ala Moana Shopping Center in Honolulu

March 9, 2015

WHD News Brief: Saipan and Tinian employer to return $70K in back wages to 24 workers [03/09/2015]

Employer: Long Feng Corporation, doing business as New XO Market in Saipan and Tian Hong Market in Tinian

Site: Grocery store, poker arcade and coin laundry establishments in Saipan and Tinian

March 9, 2015

EBSA News Brief: US Labor Department files suit against Vic International Corp. in Knoxville, Tenn. to restore 401(k) contributions [03/09/2015]

Date of Action: Feb. 23, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Vic International Corp., Vic International 401(k) Profit Sharing Plan, James Victor Green, Kelly Milligan, and Paul Kelley