OVER 3000 GULF COAST WORKERS OWED ALMOST $3.5 MILLION

FROM:  U.S. LABOR DEPARTMENT
Federal enforcement effort finds more than 3,000 Gulf Coast workers
owed nearly $3.5 million in back wages by staffing agencies

US Labor Department determines agencies illegally paid wages as per diem reimbursement

NEW ORLEANS — Six Gulf Coast staffing agencies have agreed to pay thousands of workers nearly $3.5 million in back wages after U.S. Department of Labor Wage and Hour Division investigators found part of their wages were mislabeled as "per diem" payments as reimbursement for expenses they never incurred.

Federal investigators found the agencies owed back wages to more than 3,000 workers – welders, electricians, pipe fitters, and other craftspeople – on maritime vessels and other oil and gas industry projects.

The investigations are part of an ongoing, multi-year initiative aimed at ending an illegal and alarming trend of employers labeling part of employee wages as per diem payments, often to avoid overtime, payroll taxes and other costs.

Investigators are actively monitoring staffing agencies and other employers in the 1,600-mile Gulf Coast region for signs of this practice.

"Workers don't often complain about receiving per diem pay in place of regular wages because they believe they make more money being paid this way," said Wage and Hour Division Administrator David Weil. "The truth is these workers are losing out. They are not getting all of the short- and long-term benefits their employer owes them."

Companies break the law when they label part of a worker's regular wages as per diem expense reimbursement instead of wages to lower labor costs, avoid paying overtime, and avoid making payments toward federal and state taxes, workers' compensation, unemployment insurance and Social Security payments. By attempting to reduce these obligations illegally with this scheme, these employers also gain an unfair advantage over their competitors.

Per diem pay is intended as a way for employers to reimburse workers for lodging, meals and other travel expenses incurred on behalf of their employer. Regular wages mislabeled as per diem cheat workers out of correct overtime wages. The payments may prevent workers from receiving full benefits in the event of a lay-off or workplace injury, and do not make full contributions toward a worker's Social Security benefits.

"Illegal per diem pay also hurts law-abiding employers, defrauds local, state and federal governments and cheats all of us who pay increased taxes as a result," Weil added. "Our division has dedicated the people and resources we need to stop this illegal pay practice on the Gulf Coast and throughout the nation."

The initiative has also found troubling trends in the region's staffing industry in Alabama, Florida, Louisiana, Mississippi and Texas. Employers that use temporary staffing agencies may be liable if investigations find workers employed jointly by the staffing agency, and the business that contracted them, received illegal per diem payments.

The FLSA requires that workers receive at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must maintain accurate time and payroll records. Under the FLSA, employers who violate the law are liable for employees' back wages and an equal amount in liquidated damages. Affected employees receive liquidated damages directly.

Employers must also distinguish employees from bona fide independent contractors. An employee, as distinguished from a person who is engaged in a business of his own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business that he serves

EX-IM BANK GUARANTEES S $22.4 MILLION LOAN FINANCING SALE OF HELICOPTERS FOR COLOMBIA'S OIL AND GAS INDUSTRY

FROM:  U.S. EXPORT-IMPORT BANK
Ex-Im Bank Approves Financing for Sale of American-Made Helicopters for Use in Colombia’s Offshore Oil and Gas Industry

Transaction will support an estimated 200 aerospace-related jobs in Pennsylvania

Washington, D.C. – The Export-Import Bank of the United States (Ex-Im Bank) has approved a $22.4 million loan guarantee to finance the export of U.S.-made AgustaWestland AW139 helicopters to North Pole Investments in Panama for leasing and use in Colombia’s offshore oil and gas industry. The lender is Apple Bank for Savings of New York, N.Y.

According to Ex-Im Bank estimates derived from Departments of Commerce and Labor data and methodology, the Bank’s financing will support an estimated 200 jobs at AgustaWestland’s manufacturing and operations facility in Philadelphia, Pa., and in the company’s U.S. supply chain.

Ex-Im Bank Chairman and President Fred P. Hochberg made the announcement today while participating as a member of the U.S. government delegation to the Summit of the Americas conference being held in Panama City.

“We are pleased to finance the exports of these quality, American-made helicopters because of the jobs in Philadelphia that will be sustained as a result,” said Chairman Hochberg. “This transaction will empower AgustaWestland to continue to grow in Latin America while maintaining good-paying aerospace jobs here at home.”

Ex-Im Bank plans to co-finance this asset-backed transaction with Italy's export-credit agency, Servizi Assicurativi del Commercio Estero, S.p.A. (SACE), which is anticipated to provide a guarantee for a portion of the financing covering foreign content. The majority of the export is the U.S. content, which consists of manufacturing activities, assembly, customization, avionics and instrumentation.

North Pole Investments is an aviation lessor headquartered in Panama City. The company leases aircraft mainly to Helistar S.A.S., a civil charter services operator based in Colombia. The AW139 helicopters being financed will be leased to Helistar and will be deployed for offshore oil and gas crew transport in the Colombian Caribbean continental shelf.

AgustaWestland’s manufacturing and operations facility in Philadelphia employs nearly 600 U.S. aerospace and administrative support workers. In February 2008, the company opened a second AW139 assembly line in Philadelphia to meet the growing demand for its helicopters, particularly in expanding markets in the Western Hemisphere.

The transaction is Ex-Im Bank’s fourth financing of exports of U.S.-made AgustaWestland helicopters to Latin America. In August 2009, the Bank assisted in financing the export of AW139 helicopters to the government of Trinidad and Tobago for use in search and rescue operations. In December 2012 and in July 2013, the Bank approved loan guarantees financing AW139 helicopters for export to Omni Taxi Aéreo to meet its transportation contracts with the oil and gas industry in Brazil.