DOJ FILES LAWSUIT AGAINST BUS COMPANY FOR ALLEGED DISCRIMINATION AGAINST U.S. CITIZENS

FROM:  U.S. DEPARTMENT OF JUSTICE 
Monday, August 5, 2013

Justice Department Files Lawsuit Against Texas Bus Company Alleging Employment Discrimination Against U.S. Citizens and Other Individuals
The Justice Department announced today the filing of a lawsuit with the Executive Office of Immigration Review’s Office of the Chief Administrative Hearing Officer (OCAHO), against Autobuses Ejecutivos LLC, d/b/a Omnibus Express, a bus company based in Houston.

The complaint alleges Omnibus Express violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by preferring to hire temporary nonimmigrant visa holders over U.S. citizens, certain lawful permanent residents and other protected individuals for bus driver positions.  Specifically, the complaint states that from at least September 2012 to February 2013, Omnibus Express failed to consider the applications of many qualified U.S. citizens and other protected individuals, or actively discouraged them from pursuing their applications, while at the same time petitioning the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) for permission to hire up to 50 foreign workers on H-2B visas.  The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs when there are not enough U.S. workers who are able, willing or qualified to do the temporary work.  The complaint further alleges that Omnibus Express hired 42 H-2B workers during this period, and in doing so, represented to the DOL and USCIS that there were not enough qualified workers in the United States to fill the 50 bus driver positions.  The complaint seeks an order prohibiting future discrimination by Omnibus Express, civil penalties, back pay for injured parties and injunctive relief. The INA’s anti-discrimination provision prohibits employers from discriminating in hiring against certain workers based on their citizenship status.

“The nation’s current immigration law protects individuals in the United States, such as U.S. citizens, certain lawful permanent residents, refugees and asylees, from unlawful discrimination in hiring based on their citizenship status,” said Jocelyn Samuels, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are committed to enforcing the INA so that work-authorized individuals have equal access to employment in the United States.”

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which prohibits employers from discriminating against work-authorized individuals on the basis of citizenship status or national origin in hiring, firing, recruitment or referral for a fee.

PENSION PLAN TRUSTEE AGREES TO RESTORE ASSET SHORTFALLS

FROM:  U.S. DEPARTMENT OF LABOR 

Trustee of defunct New York City garment companies’ pension plans settles US Labor Department suit alleging misuse of more than $4.2 million in plan assets

Colette Mordo agrees to restore asset shortfalls; is permanently barred as fiduciary

NEW YORK — The U.S. Department of Labor has obtained a consent judgment in federal court in which the trustee of two defined benefit pension plans admits to entering into $4,232,915 in alleged unlawful plan transactions between 2002 and 2010. Colette Mordo, trustee and fiduciary to the pension plans of the Manhattan-based Sadimara Knitwear Inc. and the Stallion Knits Ltd. pension plans also agrees to restore, up to that amount, any shortfall in assets owed to the plans' participants and beneficiaries.

The judgment resolves a lawsuit filed in the U.S. District Court for the Southern District of New York alleging that Mordo violated her fiduciary duties under ERISA. The lawsuit alleged that Mordo authorized the pension plans to make improper loans and transfers of plan assets over several years to multiple recipients, including members of the Mordo family and International Design Concepts LLC and Apparel Group International LLC, two companies in which Mordo had an ownership interest.

"If you've been entrusted with the assets of an employee benefit plan, it's illegal to enrich yourself or your family at the plan's expense," said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi. "That's not just common sense; it's the law, and the Labor Department will not hesitate to investigate and pursue appropriate legal remedies whenever fiduciaries fail to meet this standard."

The judgment removes Mordo from any and all fiduciary positions with respect to the plans and permanently bars her from serving as a fiduciary to any ERISA-covered plan. It also appoints David M. Lipkin of Metro Benefits Inc. as the independent fiduciary who will administer the plans, determine and pay out benefits to participants, and terminate the plans. The Labor Department is authorized to seek a contempt order should Mordo violate any terms of the judgment.


Sadimara Knitwear Inc. and Stallion Knits Ltd. were garment companies headquartered in Manhattan. The companies, which are no longer in operation, sponsored the plans to provide pension benefits to their employees.

GOVERNMENT ANNOUNCES $475 MILLION FOR COMMUNITY COLLEGE/EMPLOYER TRAINING PARTNERSHIPS

FROM: U.S. DEPARTMENT OF EDUCATION
U.S. Departments of Education and Labor Announce Availability of $474.5 Million to Strengthen Training Partnerships Between Community Colleges and Employers

WASHINGTON – The U.S. Department of Education, in partnership with the U.S. Department of Labor, today announced the availability of $474.5 million to create and expand innovative partnerships between community colleges and businesses to educate and train workers with the skills employers need. This is the third round of funding since 2009 under the Trade Adjustment Assistance Community College and Career Training (TAACCCT) grant program, for a total of nearly $1.5 billion.

"Equipping our nation's students with the skills they need is one of the best investments we can make to keep our economy growing," said U.S. Secretary of Education Arne Duncan. "This third round of funding will build on the work of earlier grantees by strengthening partnerships between institutions and employers so students develop the skills and attain the credentials they need for jobs in high-need fields now and in the future."

Acting Secretary of Labor Seth Harris announced the new funding today at an event with Under Secretary of Education Martha Kanter at Contra Costa College training facility in Richmond, Calif. The college is part of the "Design-It Build-It Ship-It" consortium of 10 community colleges in San Francisco's East Bay area that was awarded $15 million in the second round of TAACCCT grants to support regional partnerships, build career pathways, and enhance industry engagement in the advanced manufacturing, logistics, and engineering industries.

"Building a well-educated workforce is critical to achieve President Obama's mission to grow the economy from the middle class out," said Acting Secretary Harris. "This new round of funding will expand our capacity to provide world-class job skills to thousands of workers around the country in occupations we know are growing now and will continue to grow in the future."

Contra Costa Community College received $600,000 as part of the consortia grant to serve as the regional lead for Advanced Automotive Technologies and to develop new degree programs and accelerated certificates in partnership with Richmond Workforce Investment Board and the San Pablo Economic Development Corporation.

Administered by the Department of Labor in close collaboration with the Department of Education, the TAACCCT program is one component of President Obama's plan to help every American have at least one year of post-secondary education and for America to have the highest proportion of college graduates in the world by 2020.

This latest round of funding will invest in innovative and evidence-based training models that include strong partnerships with local employers and employer organizations, including sector-based strategies. Strong partnerships and work-based training will help ensure that curricula and training are aligned with the practical skills and competencies industries seek from workers.

Funds will also encourage community colleges to better track data on the employment and earnings of students after they graduate as a tool to improve their programming and to create employment results scorecards that will help prospective students choose between training programs.

Finally, models funded this year will use advanced online and technology-based job training tools. Course materials developed with this funding will be available publicly through the Open Educational Resources initiative to users to modify, update and build on instructional content. Additionally, all grantees will be required to evaluate their programs to build knowledge on what strategies are most effective in helping students gain skills and succeed in the workplace.

CONSTRUCTION CONTRACTOR SENTENCED FOR ROLE IN BRIBERY, EMBEZZLEMENT SCHEME

 
CINCINNATI – The owner and president of Sigma Capital, Inc. in Cincinnati, Samuel P. Mays, 62, was sentenced in U.S. District Court today to 51 months in prison followed by three years of supervised release for bribing a government official and stealing from his employees’ 401k funds.

Carter M. Stewart, United States Attorney for the Southern District of Ohio, Robert Hughes, Acting Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI), Elton Malone, Special Agent in Charge, Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Office of Investigations, Special Investigations Branch, and L. Joe Rivers, Regional Director, U.S. Department of Labor, Employee Benefits Security Administration announced the sentence handed down today by Senior U.S. District Judge Sandra S. Beckwith.

A jury convicted Mays in September 2012 of one count each of bribery of a public official, conspiracy, theft or embezzlement from an employee pension plan, and making false statements.

The scheme involved Mays and another construction contractor, Paul McDonald, 70, of Pleasant Hill, California, and David Mersch, 61, the former Operations Officer for the Cincinnati offices of the U.S. Centers for Disease Control in Cincinnati.

According to trial testimony, Mersch, who lived in Florence, Kentucky accepted bribes from Mays and McDonald in the form of cash and home improvements with a value of at least $175,000 between 2005 and 2011. The jury also convicted Mays of deducting approximately $125,000 from his employees’ paychecks for contribution to their 401k plans, but never depositing the money.

"The nature of a bribery offense is difficult to quantify, because the victim is the public at large and the damage extends beyond the dollars exchanged," Assistant U.S. Attorney Tim Mangan wrote in a memorandum filed with the court prior to sentencing. "This pattern of bribery undermines the government contracting process and destroys the presumed impartiality of federal contracting officers."

McDonald pleaded guilty on November 9, 2011 to one count of bribery. He was sentenced on October 31, 2012 to serve five years of probation including 21 months of home confinement and pay a $5,000 fine. He was also disqualified from holding any office of honor, trust or profit and ordered to resign his employment with Entek Mechanical Corporation and to cooperate with the United States in seeking the surrender of Entek’s certification as a government contractor. Mersch pleaded guilty on July 19, 2011 to bribery and is serving 42 months in federal prison. Both testified against Mays during the trial.

"Mays victimized taxpayers and jeopardized his hard-working employees’ futures," said Elton Malone, Special Agent in Charge of the Special Investigations Branch within the U.S. Department of Health and Human Services’ Office of Inspector General. "We will not tolerate conspiracy schemes and will continue to work tireless to punish such corruption."

"Employer sponsored retirement plans serve a vital role in providing a financially secure retirement for America’s workers," said L. Joe Rivers, Regional Director for the Cincinnati Regional Office of the Labor Department’s Employee Benefits Security Administration. "This case underscores EBSA’s commitment to protecting the assets of 401(k) and other employee benefit plans and punishing those who would divert these funds for their own enrichment."

Stewart commended the cooperative investigation by FBI, HHS inspector general, and Department of Labor investigators, as well as Assistant U.S. Attorneys Timothy Mangan and Christy Muncy, who represented the United States in this case.

Mays will surrender to begin serving his prison sentence on a date to be set by the U.S. Marshals Service and the Bureau of Prisons.

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING MARCH 30,2013

FROM:  U.S. DEPARTMENT OF LABOR

SEASONALLY ADJUSTED DATA


In the week ending March 30, the advance figure for seasonally adjusted initial claims was 385,000, an increase of 28,000 from the previous week's unrevised figure of 357,000. The 4-week moving average was 354,250, an increase of 11,250 from the previous week's unrevised average of 343,000.

The advance seasonally adjusted insured unemployment rate was 2.4 percent for the week ending March 23, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending March 23 was 3,063,000, a decrease of 8,000 from the preceding week's revised level of 3,071,000. The 4-week moving average was 3,067,250, a decrease of 10,500 from the preceding week's revised average of 3,077,750.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 314,016 in the week ending March 30, a decrease of 1,596 from the previous week. There were 315,714 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.6 percent during the week ending March 23, unchanged from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,320,163, a decrease of 82,391 from the preceding week's revised level of 3,402,554. A year earlier, the rate was 2.9 percent and the volume was 3,636,712.

The total number of people claiming benefits in all programs for the week ending March 16 was 5,288,614, a decrease of 167,165 from the previous week. There were 7,050,710 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were available only in Alaska during the week ending March 16.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,109 in the week ending March 23, a decrease of 67 from the prior week. There were 2,335 initial claims filed by newly discharged veterans, an increase of 65 from the preceding week.

There were 20,240 former Federal civilian employees claiming UI benefits for the week ending March 16, a decrease of 113 from the previous week. Newly discharged veterans claiming benefits totaled 38,662, an increase of 339 from the prior week.

States reported 1,799,625 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending March 16, a decrease of 106,699 from the prior week. There were 2,815,108 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending March 16 were in Alaska (5.7), Puerto Rico (4.4), New Jersey (4.0), Rhode Island (4.0), Pennsylvania (3.9), Connecticut (3.8), Montana (3.8), Wisconsin (3.7), California (3.6), and Massachusetts (3.6).

The largest increases in initial claims for the week ending March 23 were in California (+8,712), Texas (+2,736), Kansas (+1,611), Arkansas (+1,542), and Pennsylvania (+1,448), while the largest decreases were in Virginia (-1,117), Massachusetts (-804), South Carolina (-602), Puerto Rico (-529), and North Carolina (-503).

U.S.-KOREA HOLD LABOR AFFAIRS COUNCIL MEETING



Credit:  U.S. DOL

FROM: U.S. DEPARTMENT OF LABOR

 Department of Labor hosts 1st Labor Affairs Council meeting under US-Korea Free Trade Agreement

WASHINGTON — Senior officials from the U.S. Department of Labor and the U.S. Trade Representative today issued a joint statement with their counterparts from the Republic of Korea following the first meeting of the Labor Affairs Council under the 2012 U.S.-Korea Free Trade Agreement.

The council is responsible for overseeing the implementation of the labor chapter of the free trade agreement and activities related to labor obligations. At the meeting, officials reaffirmed their commitments under the Labor Chapter of the free trade agreement and focused on areas for future cooperation, including the collection and analysis of employment and labor statistics, and collaboration on advancing corporate compliance with international labor standards in global supply chains.

"We are very pleased with the progress that's been made over the past two days," said acting Deputy Undersecretary of Labor for International Affairs Carol Pier. "We look forward to continuing the productive discussions we started here and to pursuing our shared goals of closer cooperation on important labor issues of common interest."

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT

FROM: U.S. DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT

SEASONALLY ADJUSTED DATA

In the week ending February 9, the advance figure for seasonally adjusted initial claims was 341,000, a decrease of 27,000 from the previous week's revised figure of 368,000. The 4-week moving average was 352,500, an increase of 1,500 from the previous week's revised average of 351,000.

The advance seasonally adjusted insured unemployment rate was 2.4 percent for the week ending February 2, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending February 2 was 3,114,000, a decrease of 130,000 from the preceding week's unrevised level of 3,244,000. The 4-week moving average was 3,187,250, a decrease of 28,750 from the preceding week's revised average of 3,216,000.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 359,428 in the week ending February 9, a decrease of 29,014 from the previous week. There were 365,014 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.8 percent during the week ending February 2, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,640,033, a decrease of 103,381 from the preceding week's revised level of 3,743,414. A year earlier, the rate was 3.1 percent and the volume was 3,984,889.

The total number of people claiming benefits in all programs for the week ending January 26 was 5,918,156, an increase of 327,676 from the previous week. There were 7,681,411 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were not available in any state during the week ending January 26.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,544 in the week ending February 2, an increase of 174 from the prior week. There were 2,695 initial claims filed by newly discharged veterans, an increase of 439 from the preceding week.

There were 23,522 former Federal civilian employees claiming UI benefits for the week ending January 26, an increase of 1,133 from the previous week. Newly discharged veterans claiming benefits totaled 40,659, an increase of 851 from the prior week.

States reported 2,081,356 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending January 26, an increase of 255,258 from the prior week. There were 3,002,475 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending January 26 were in Alaska (6.6), Pennsylvania (4.4), Montana (4.3), New Jersey (4.3), Puerto Rico (4.2), Wisconsin (4.2), Connecticut (4.0), Idaho (4.0), Rhode Island (4.0), Illinois (3.9), and Oregon (3.9).

The largest increases in initial claims for the week ending February 02 were in California (+11,784), Texas (+2,071), New York (+2,066), Florida (+2,050), and Oregon (+1,603), while the largest decreases were in North Carolina (-2,681), Tennessee (-2,003), Alabama (-1,248), Michigan (-1,011), and Connecticut (-676).

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING FEBRUARY 2, 2013

FROM: U.S. DEPARTMENT OF LABOR

SEASONALLY ADJUSTED DATA

In the week ending February 2, the advance figure for seasonally adjusted initial claims was 366,000, a decrease of 5,000 from the previous week's revised figure of 371,000. The 4-week moving average was 350,500, a decrease of 2,250 from the previous week's revised average of 352,750.

The advance seasonally adjusted insured unemployment rate was 2.5 percent for the week ending January 26, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending January 26 was 3,224,000, an increase of 8,000 from the preceding week's revised level of 3,216,000. The 4-week moving average was 3,211,000, an increase of 13,750 from the preceding week's revised average of 3,197,250.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 386,176 in the week ending February 2, an increase of 16,696 from the previous week. There were 401,365 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.9 percent during the week ending January 26, unchanged from the prior week's revised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,720,496, an increase of 41,570 from the preceding week's revised level of 3,678,926. A year earlier, the rate was 3.2 percent and the volume was 4,097,013.

The total number of people claiming benefits in all programs for the week ending January 19 was 5,590,480, a decrease of 326,513 from the previous week. There were 7,663,608 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benfits were not available in any state during the week ending January 19.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,370 in the week ending January 26, a decrease of 508 from the prior week. There were 2,256 initial claims filed by newly discharged veterans, a decrease of 484 from the preceding week.

There were 22,389 former Federal civilian employees claiming UI benefits for the week ending January 19, a decrease of 511 from the previous week. Newly discharged veterans claiming benefits totaled 39,808, a decrease of 286 from the prior week.

States reported 1,826,098 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending January 19, a decrease of 288,471 from the prior week. There were 2,985,907 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending January 19 were in Alaska (6.6), Montana (4.4), Puerto Rico (4.4), Pennsylvania (4.2), New Jersey (4.1), Wisconsin (4.1), Connecticut (4.0), Idaho (4.0), Oregon (3.8), and Rhode Island (3.8).

The largest increases in initial claims for the week ending January 19 were in North Carolina (+2,030), Oregon (+491), Virginia (+461), and Vermont (+62), while the largest decreases were in California (-20,414), Texas
(-5,082), Illinois (-4,865), Florida (-3,570), and Michigan (-2,795).

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT

FROM: U.S. DEPARTMENT OF LABOR

SEASONALLY ADJUSTED DATA


In the week ending January 26, the advance figure for seasonally adjusted initial claims was 368,000, an increase of 38,000 from the previous week's unrevised figure of 330,000. The 4-week moving average was 352,000, an increase of 250 from the previous week's unrevised average of 351,750.

The advance seasonally adjusted insured unemployment rate was 2.5 percent for the week ending January 19, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending January 19 was 3,197,000, an increase of 22,000 from the preceding week's revised level of 3,175,000. The 4-week moving average was 3,192,250, a decrease of 9,750 from the preceding week's revised average of 3,202,000.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 366,596 in the week ending January 26, a decrease of 70,429 from the previous week. There were 422,287 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.8 percent during the week ending January 19, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,656,964, a decrease of 54,066 from the preceding week. A year earlier, the rate was 3.2 percent and the volume was 4,058,236.

The total number of people claiming benefits in all programs for the week ending January 12 was 5,914,983, an increase of 255,501 from the previous week. There were 7,655,224 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were not available in any state during the week ending January 12.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,878 in the week ending January 19, a decrease of 476 from the prior week. There were 2,740 initial claims filed by newly discharged veterans, a decrease of 297 from the preceding week.

There were 22,900 former Federal civilian employees claiming UI benefits for the week ending January 12, an increase of 829 from the previous week. Newly discharged veterans claiming benefits totaled 40,094, a decrease of 290 from the prior week.

States reported 2,112,559 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending January 12, an increase of 418,762 from the prior week. There were 3,007,696 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending January 12 were in Alaska (6.9), Pennsylvania (4.5), New Jersey (4.2), Wisconsin (4.2), Connecticut (4.1), Montana (4.1), Puerto Rico (4.1), Illinois (4.0), Rhode Island (4.0), and Oregon (3.9).

The largest increases in initial claims for the week ending January 19 were in Florida (+1,157), Arizona (+295), and Vermont (+77), while the largest decreases were in Pennsylvania (-12,625), Texas (-10,448), North Carolina (-9,287), New York (-7,379), and Indiana (-6,069).

THE WHISTLEBLOWER PROTECTION ADVISORY COMMITTEE

Photo Credit:  Wikimedia.

FROM: U.S. DEPARTMENT OF LABOR
Inaugural Meeting of Whistleblower Protection Advisory Committee
Highlighting its continued emphasis on protecting the rights of whistleblowers, the Occupational Safety and Health Administration hosted the inaugural meeting of the Whistleblower Protection Advisory Committee. Acting Secretary of Labor Harris commended the new committee members on their passion for whistleblower protections during the January 29 meeting, which brought together the 12 voting and three ex-officio members. Dr. David Michaels, assistant secretary of labor for occupational safety and health, stressed the importance of whistleblowers to the broad economy, to worker safety, the environment, and the integrity of the financial system, transportation safety and food safety. He also updated the committee on the selection of Beth Slavet to head the whistleblower program, and a recent accord signed between OSHA and BNSF Railway Company that protects workers' rights to report safety concerns or injuries without fear of retaliation. In his closing remarks, Michaels reiterated the importance of whistleblowers who can "play an important role in preventing the next Deepwater Horizon or avoiding the next Enron."

SECRETARY OF LABOR SOLIS TALKS ABOUT PUBLIC LIFE

FROM: U.S. DEPARTMENT OF LABOR
Beginnings and Endings: My Journey of Public Service
by Secretary Hilda Solis on January 22, 2013

It has been an honor to be your secretary of labor. Today, as I prepared to say farewell, I decided that I wanted to share my experience through journeys, and through beginnings and endings, because that reflects what’s in my mind, and more importantly, what is in my heart at this present moment.

Thirty-two years ago—after only a year in Washington—I left my job in President Carter’s administration. Wanting to say something meaningful about what I learned as that job was ending, I wrote a letter to incoming President Reagan that appeared in the Hispanic Link News Service. I had forgotten all about it until a recent reprint by Hispanic Link.

In the letter, I told President Reagan about what I did in the White House, and why I thought it was important. I also told him a little about myself, including the story of how I got that job.

While I was in graduate school, I filled out dozens of applications for internship positions at every level of government. Almost as a lark, I also sent a letter to the White House. A staffer for President Carter read my résumé and called my parents’ home in La Puente, California. I was outside in our vegetable garden when my father hollered out to me: "Phone call for you. Someone who claims he’s from the Casa Blanca."

I ran so fast that I knocked over a table lamp and shattered it. My mother, whom I love dearly, can attest to the truth of that story, and to this day, she still tells my husband how much she liked that lamp.

I’m sharing this story not just because it is about my coming to Washington for the first time—and leaving Washington for the first time—but, rather, it reflects my continuous, lifelong passion, and obvious excitement, for public service.

It’s the same passion that I share with my colleagues at the Labor Department. We don’t do what we do for the money, or the glory; we do it because public service is the very best way to make your own, unique contribution to the world. Leaders may change, circumstances may change, but our service must be constant. It forms an unbreakable bond between ourselves and our communities, our country and the people we care about.

We are all on a journey of service. Yesterday, in an outstanding inaugural speech that mentioned Seneca Falls, Selma and Stonewall, the president gave us a map for that journey of service. He said it is our generation’s task to carry on what those pioneers began and to make the values of life, liberty and the pursuit of happiness real for every American.

We know that there will be challenges on this journey—there always are. But there is also a true path. And we’ve been on that path for the past four years at the U.S. Department of Labor.

During that time, we have done more for more of our nation’s working families.
We have funded more job training programs that have enhanced the skills of more than 1.7 million people.
We have conducted more wage and hour investigations and collected more back wages for more than 300,000 people.
We modernized Unemployment Insurance benefits so that it could provide a lifeline to more people.
And—quite simply—and I say this with pride, satisfaction and immense gratitude: we have saved more workers’ lives.
Our record of achievement has been remarkable. But there is still so much more we have to do. And I’m counting on the colleagues I leave behind to do it. And to do more.

It is incredibly hard for me to say goodbye. I struggled with this decision for a long time, but I am guided by the words of a poem I studied in La Puente High School called "Four Quartets" by T.S. Elliot, and here’s my favorite line:

"To make an end is to make a beginning. The end is where we start from."

Today is really a beginning for me.

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT

FROM: U.S. DEPARTMENT OF LABOR

SEASONALLY ADJUSTED DATA


In the week ending January 19, the advance figure for seasonally adjusted initial claims was 330,000, a decrease of 5,000 from the previous week's unrevised figure of 335,000. The 4-week moving average was 351,750, a decrease of 8,250 from the previous week's revised average of 360,000.

The advance seasonally adjusted insured unemployment rate was 2.5 percent for the week ending January 12, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending January 12 was 3,157,000, a decrease of 71,000 from the preceding week's revised level of 3,228,000. The 4-week moving average was 3,197,500, a decrease of 12,250 from the preceding week's revised average of 3,209,750.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 436,766 in the week ending January 19, a decrease of 119,944 from the previous week. There were 416,880 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.9 percent during the week ending January 12, a decrease of 0.1 percentage point from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,690,615, a decrease of 177,080 from the preceding week. A year earlier, the rate was 3.2 percent and the volume was 4,069,651.

The total number of people claiming benefits in all programs for the week ending January 5 was 5,659,760, a decrease of 214,076 from the previous week. There were 7,670,108 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were not available in any state during the week ending January 5.

Initial claims for UI benefits filed by former Federal civilian employees totaled 2,354 in the week ending January 12, an increase of 578 from the prior week. There were 3,037 initial claims filed by newly discharged veterans, an increase of 659 from the preceding week.

There were 22,166 former Federal civilian employees claiming UI benefits for the week ending January 5, a decrease of 571 from the previous week. Newly discharged veterans claiming benefits totaled 40,567, an increase of 1,425 from the prior week.

States reported 1,693,797 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending January 5, a decrease of 365,641 from the prior week. There were 2,922,533 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending January 5 were in Alaska (6.6), Pennsylvania (4.8), Puerto Rico (4.5), New Jersey (4.4), Oregon (4.3), Wisconsin (4.3), Connecticut (4.2), Michigan (4.2), Montana (4.2), and Rhode Island (4.1).

The largest increases in initial claims for the week ending January 12 were in Texas (+12,786), California (+10,232), Florida (+7,314), Indiana (+4,266), and New Jersey (+3,570), while the largest decreases were in New

U.S. SECRETARY OF LABOR HILDA L. SOLIS RESIGNS

FROM: U.S. DEPARTMENT OF LABOR
Statement by US Department of Labor on resignation of Secretary Hilda L. Solis

WASHINGTON — Secretary of Labor Hilda L. Solis this afternoon sent the following letter to employees at the U.S. Department of Labor:

"Over the Christmas and New Year holidays with my family in California, I enjoyed my first opportunity in years to reflect on the past and my future, with an open mind and an open heart. After much discussion with family and close friends, I have decided to begin a new future, and return to the people and places I love and that have inspired and shaped my life.

"This afternoon, I submitted my resignation to President Obama. Growing up in a large Mexican-American family in La Puente, California, I never imagined that I would have the opportunity to serve in a president’s Cabinet, let alone in the service of such an incredible leader.

"Because President Obama took very bold action, millions of Americans are back to work. There is still much to do, but we are well on the road to recovery, and middle class Americans know the president is on their side.

"Together we have achieved extraordinary things and I am so proud of our work on behalf of the nation’s working families. It has been more than an honor to work alongside you in fulfilling the department’s mission. Working with all of you as the nation’s 25th secretary of labor, I have come to learn that the work we do every day is indeed a labor of love.

"I am humbled by the commitment of every single employee of this department – from the folks here in Washington to those who directly touch communities out in the field. Each of you brings passion to your work, and collectively, that makes a significant difference in the lives of our nation’s working families.

"We have much to be proud of. In the past four years, more than 1.7 million people have completed federally-funded job training programs; of those, more than one million have earned industry-recognized credentials. In addition, Labor Department investments in our community colleges have expanded their capacity to provide local, flexible, employer-specific job training to millions of Americans, and transformed these institutions into engines of economic growth.

"Under the American Recovery and Reinvestment Act, we were the steward of more than $67 billion for unemployment insurance benefits, job training and placement, and worker protection. With ingenuity and integrity we ensured that these monies were carefully targeted to maximize job creation so that working people received the help they needed and deserved.

"We also played an important and active role in crafting regulatory actions to implement key aspects of the Affordable Care Act. Our work will help make President Obama’s vision of a health care system that works for America a reality for millions of people.

"We have helped businesses big and small see the value of hiring returning military service members, and have fostered innovative efforts to help women and homeless veterans.

"And I am particularly proud to say that, as a result of our enforcement efforts, we have saved workers’ lives.

"Calendar year 2011 saw the fewest-ever mine fatalities. Fatalities in general industry and construction are at historic lows.

"Because of our work, more people are receiving the wages they are owed. Last year we conducted the largest number of investigations in recent memory, collecting the most back wages in our history (more than $280 million on behalf of more than 300,000 workers denied their rightful pay, overtime or leave benefits). In these recoveries, what may seem to some as "small change" makes a huge difference for those who live paycheck-to-paycheck. In addition, our enforcement and informal resolution programs resulted in the recovery of almost $5 billion dollars for retirees and their families.

"Leaving the department is one of the most difficult decisions I have ever made, because I have taken our mission to heart. As the daughter of parents who worked in factories, paid their union dues and achieved their goal of a middle class life, and as the first Latina to head a major federal agency, it has been an incredible honor to serve.

"It has been my privilege to call you colleagues and friends. Thank you for all you have done and will continue to do to make life more just and safer for workers across this country.

"I am counting on you to keep up the good work. God bless you. And I will miss all of you.

"Sincerely,

"Hilda L. Solis
"U.S. Secretary of Labor"

FITNESS BUSINESS CITED FOR FAILURE TO PROVIDE PROTECTIVE EQUIPMENT TO EMPLOYEES

FROM: U.S. DEPARTMENT OF LABOR

US Labor Department's OSHA cites Xsport Fitness in Libertyville, Ill.,
for failing to provide workers with personal protective equipment

LIBERTYVILLE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Capital Fitness Inc., which operates as Xsport Fitness in Libertyville, Ill., with four repeat safety violations for failing to provide personal protective equipment to employees working with hazardous chemicals. The complaint inspection in November resulted in proposed penalties totaling $60,000.

"Xsport Fitness has a responsibility to know the hazards that exist in their workplace and to provide employees with appropriate personal protective equipment," said Diane Turek, OSHA's area director at the Chicago North office in Des Plaines. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."

The repeat violations were cited for failing to provide eye, face and hand protection for workers using liquid and other hazardous chemicals, develop and implement a written hazard communication program, provide material safety data sheets for hazardous chemicals in use and train workers and provide them with information regarding hazardous chemicals in their work area. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in May 2012 at the Fullerton Avenue facility in Chicago.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING DECEMBER 29, 2012

FROM:  U.S. DEPARTMENT OF LABOR
 
SEASONALLY ADJUSTED DATA


In the week ending December 29, the advance figure for seasonally adjusted initial claims was 372,000, an increase of 10,000 from the previous week's revised figure of 362,000. The 4-week moving average was 360,000, an increase of 250 from the previous week's revised average of 359,750.

The advance seasonally adjusted insured unemployment rate was 2.5 percent for the week ending December 22, unchanged from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending December 22 was 3,245,000, an increase of 44,000 from the preceding week's revised level of 3,201,000. The 4-week moving average was 3,224,250, an increase of 6,500 from the preceding week's revised average of 3,217,750.
UNADJUSTED DATA
The advance number of actual initial claims under state programs, unadjusted, totaled 495,588 in the week ending December 29, an increase of 40,459 from the previous week. There were 540,057 initial claims in the comparable week in 2011.

The advance unadjusted insured unemployment rate was 2.6 percent during the week ending December 22, a increase of 0.1 percentage point from the prior week's unrevised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,293,218, an increase of 43,722 from the preceding week. A year earlier, the rate was 3.0 percent and the volume was 3,779,025.

The total number of people claiming benefits in all programs for the week ending December 15 was 5,402,987, a decrease of 68,727 from the previous week. There were 7,223,309 persons claiming benefits in all programs in the comparable week in 2011.

Extended Benefits were not available in any state during the week ending December 15.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,732 in the week ending December 22, an increase of 52 from the prior week. There were 2,575 initial claims filed by newly discharged veterans, an increase of 1 from the preceding week.

There were 22,220 former Federal civilian employees claiming UI benefits for the week ending December 15, an increase of 1,125 from the previous week. Newly discharged veterans claiming benefits totaled 39,789, a decrease of 772 from the prior week.

States reported 2,065,706 persons claiming EUC (Emergency Unemployment Compensation) benefits for the week ending December 15, a decrease of 30,537 from the prior week. There were 2,932,561 persons claiming EUC in the comparable week in 2011. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending December 15 were in Alaska (6.6), Puerto Rico (3.9), New Jersey (3.8), Pennsylvania (3.8), Montana (3.6), California (3.4), Nevada (3.4), Oregon (3.4), Connecticut (3.3), and Wisconsin (3.3).

The largest increases in initial claims for the week ending December 22 were in Ohio (+8,795), Michigan (+6,641), Pennsylvania (+5,530), Kentucky (+4,745), and Massachusetts (+4,330), while the largest decreases were in California (-11,789), West Virginia (-473), Florida (-450), Arizona (-192) and South Dakota (-186).

U.S. DEPARTMENT OF LABOR SUES LA RAZA OVER FIRED WHISTLE-BLOWER

Photo Credit:  Wikimedia Commons.

 FROM: U.S. DEPARTMENT OF LABOR

US Department of Labor sues National Council of La Raza Action Fund Inc., ordering reinstatement of whistle-blower fired for mold exposure complaint


ORLANDO, Fla. — The U.S. Department of Labor has sued National Council of La Raza Action Fund Inc., successor to Democracia USA, a nonprofit community engagement and Hispanic voter registration organization in Orlando, for allegedly terminating an employee who raised health concerns about potential exposure to mold and other environmental factors in his workplace. The lawsuit follows an investigation by the department's Occupational Safety and Health Administration that found that the company unlawfully and intentionally terminated the worker for engaging in activity protected by Section 11(c) of the Occupational Safety and Health Act.

The suit seeks to have the employee reinstated and paid back wages, interest, and compensatory and punitive damages, along with expunging adverse information in the employee's personnel records. Finally, it seeks to bar the employer from commission of future violations of the OSH Act by a permanent injunction.

"Every American worker has the right to raise health concerns regarding potential exposures to environmental hazards, such as mold, without fearing retaliation," said Cindy Coe, OSHA's regional administrator in Atlanta. "We will continue to ensure that these basic worker rights are protected and will prosecute every employer found to have violated them."

In mid-September 2009, the employee began reporting concerns to management about potential exposure to mold and other environmental factors in the workplace, which were making him sick. In November 2009, an air quality test was performed that showed the presence of mold in the workplace. The office was closed for several months. After it reopened, the employee filed a health complaint with the OSHA Tampa Area Office. OSHA conducted an inspection and issued a citation against the employer for violation of OSHA's housekeeping standard. Upon receipt of the OSHA citation, the employee was informed that his employment was terminated. The employee then filed a whistle-blower complaint with OSHA.

The department is represented in court by its Regional Office of the Solicitor in Atlanta. The suit was filed in the U.S. District Court for the Middle District of Florida, Orlando Division.

OSHA enforces the whistle-blower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various commercial motor vehicle; airline; nuclear; pipeline; environmental; railroad; public transportation; maritime; consumer product; health care reform; securities; food safety; and consumer financial reform regulations.

NATIONAL GRANT FOR KENTUCKY JOBLESS WORKER'S HEALTH INSURANCE PAYMENTS

FROM: U.S. DEPARTMENT OF LABOR

US Department of Labor provides grant increment to assist Kentucky with health insurance payments for jobless workers

WASHINGTON — The U.S. Department of Labor today announced a $1.4 million National Emergency Grant increment award to the Kentucky Education and Workforce Development Cabinet's Department for Workforce Investment. The award will provide partial premium payments for health insurance coverage for eligible unemployed individuals.

"A job search is stressful enough without worrying about a lapse in health insurance coverage," said Secretary of Labor Hilda L. Solis. "The additional federal funds announced today will provide continued assistance to dislocated workers so they won't be without health insurance while they search for new jobs."

The grant increment will enable the commonwealth of Kentucky to provide two to three months of "gap filler" payments for unemployed individuals who are receiving Trade Adjustment Assistance benefits and are eligible for the Health Coverage Tax Credit program. Under the program, eligible individuals can receive 72.5 percent of premium costs for qualified health insurance programs. These payments cover the period of time needed to complete Internal Revenue Service enrollment, processing and first payments under the HCTC program.

A National Emergency Grant was awarded to Kentucky on Oct. 22, 2009, for up to $6 million, with $3.6 million released initially. Today's increment of $1.4 million brings the total awarded to date to $5 million. Additional funding, up to the amount approved, will be made available as the commonwealth demonstrates a continued need for assistance.

U.S. DOL PROVIDES $300,000 NATIONAL EMERGENCY GRANT FOR WEST VIRGINA HURRICANE SANDY RECOVERY

FROM: U.S. DEPARTMENT OF LABOR

US Department of Labor provides $300,000 to aid West Virginia communities to recover following Hurricane Sandy

WASHINGTON — The U.S. Department of Labor today announced a $300,000 National Emergency Grant to assist with cleanup and recovery efforts in the aftermath of Hurricane Sandy.

"We are committed to helping the citizens of West Virginia recover from the aftermath of Hurricane Sandy," said Secretary of Labor Hilda L. Solis. "Today's grant will assist with cleanup and repair of the state's infrastructure and help those affected by Hurricane Sandy to return to normalcy."

The funds are being awarded to WorkForce West Virginia to create temporary jobs for eligible dislocated workers who will assist with cleanup and recovery efforts.

On Nov. 27, 2012, the Federal Emergency Management Agency declared 18 counties eligible for FEMA's Public Assistance Program: Barbour; Boone; Braxton; Clay; Fayette; Kanawha; Lewis; Nicholas; Pendleton; Pocahontas; Preston; Raleigh; Randolph; Taylor; Tucker; Upshur; Webster; and Wyoming. The state has targeted Barbour, Preston, Tucker, Upshur and Webster. Additional counties may be included at a later date if further evaluation warrants their inclusion.

U.S. DEPARTMENT OF LABOR AWARDS $2.2 MILLION GRANT TO HELP WORKERS IN HAITI AND PERU

Photo:  Sewing Machine.  Credit:  Wikimedia Commons.



FROM: U.S. DEPARTMENT OF LABOR
 
US Department of Labor awards $2.2 million grant for projects to strengthen worker organizations in Haiti and Peru

WASHINGTON — U.S. Secretary of Labor Hilda L. Solis today announced a $2.2 million grant award to strengthen worker organizations in Haiti and Peru. The grant awarded by the U.S. Department of Labor's Bureau of International Labor Affairs will fund projects implemented by the American Center for International Labor Solidarity, also known as the Solidarity Center.

"Supporting the ability to organize and protect their rights is important to leveling the playing field for all workers," said Labor Secretary Hilda Solis. This grant will help organizations in Haiti and Peru engage in productive, effective negotiations with governments and employers on behalf of vulnerable workers."

The projects will improve the capacity of worker organizations in both countries to better protect the rights of vulnerable workers and to engage in effective advocacy and dialogue. In Haiti, the Solidarity Center will work with the apparel export sector, focusing particularly on issues related to freedom of association, sexual harassment and forced overtime. In Peru, the project will focus on responding to the needs of temporary and fixed-term contract workers.

Since 1995, ILAB has worked with other governments and international organizations to improve working conditions around the world. ILAB's Office of Trade and Labor Affairs has funded technical assistance projects to improve worker rights, livelihoods and labor law compliance in more than 72 countries around the world.

OSHA CITES U.S. POSTAL SERVICE FOR WORKER'S DEATH

FROM: U.S. DEPARTMENT OF LABOR
Dec. 17, 2012

US Labor Department's OSHA cites US Postal Service
for worker's heat-related death in Independence, Mo.

INDEPENDENCE, Mo. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited the U.S. Postal Service Truman Station in Independence, Mo., with a willful violation for failing to protect employees working in excessive heat. OSHA initiated an inspection in July after a mail carrier developed heat-related illness symptoms, collapsed while working his route and was taken to the hospital where he died as a result of his exposure to excessive heat.

"This tragedy underscores the need for employers to take proactive steps to keep workers safe in extreme heat," said Charles Adkins, OSHA's regional administrator in Kansas City. "If this employer had trained workers in recognizing the symptoms of heat stroke, and taken precautions to ensure workers had access to water, rest and shade, this unfortunate incident may have been avoided."

The willful violation addresses the hazard of multiple employees who were required to work during periods when excessive heat advisories and warnings were issued by the National Weather Service. The employer did not have procedures in place to address worker concerns during times of excessive heat. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.


Penalties of $70,000 have been proposed. The Postal Service has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director in Kansas City, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.