DOL News Releases and Briefs
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enUS Department of Labor, Office of the Trade Representative seek review of alleged labor rights denial at Ciudad Juarez, Mexico, auto parts facility
http://www.dol.gov/newsroom/releases/ilab/ilab20241122
WASHINGTON – The U.S.-Mexico-Canada Agreement’s Interagency Labor Committee for Monitoring and Enforcement today requested that the government of Mexico review an alleged denial of workers’ rights at Akwel Juarez, an automotive component manufacturing facility in Ciudad Juarez, State of Chihuahua, Mexico.The U.S. Department of Labor and U.S. Trade Representative co-chair the Interagency Labor Committee.The request follows an Oct. 24, 2024, petition filed by the Mexican union Sindicato Nacional de Trabajadores y Empleados Especializados C.T.M. Filed under the USMCA’s Rapid Response Labor Mechanism, the petition alleges Akwel Juarez refused to recognize the union as the workers’ representative or negotiate a collective bargaining agreement. The petition also alleges the employer interfered with workers’ ability to freely choose their union and fired workers for engaging in union activities. After the Interagency Labor Committee found sufficient and credible evidence supporting the petition’s allegations, the U.S. government submitted a request to review to Mexico using the RRM. “Mexican law and the U.S.-Mexico-Canada Agreement clearly stipulate that companies must recognize and not interfere with the selection of a workers’ union. What Akwel Juarez did is an egregious violation of these standards,” said Deputy Undersecretary for International Affairs Thea Lee. “We look forward to working with the Mexican government to address this matter and safeguard workers’ rights at the plant.”"The Rapid Response Mechanism is once again delivering on the Biden-Harris administration’s promise to hold companies accountable for violations of workers’ labor rights. With over 40,000 workers who have directly benefitted from this tool, today’s action signals to the workers at Akwel that they are not alone in the face of employer interference,” said Ambassador Katherine Tai. “This is how we are empowering workers through the USMCA, and we look forward to collaborating with the government of Mexico to address the ongoing denials of rights at this facility.”The Mexican government has 10 days to decide whether to conduct a review and 45 days to investigate the claims and present its findings. Akwel Juarez specializes in structural parts for electric cars and employs 1144 workers, 850 of which are in the bargaining unit.Learn more about the department’s international work.Fri, 22 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/ilab/ilab20241122Fort Wayne auto emissions manufacturer will pay $101K in back wages, damages to 260 workers for shortchanging them overtime
http://www.dol.gov/newsroom/releases/whd/whd20241122
Employer: Faurecia Emissions Control Technologies USA Inc. Fort Wayne, IndianaActions: Fair Labor Standards Act investigationFindings: Faurecia Emissions Control Technologies USA Inc., operating as Faurecia Clean Mobility, agreed to pay a total of $101,527 to 260 employees – representing $50,563 in back wages and an equal amount in liquidated damages – for shortchanging workers overtime wages. An investigation by the U.S. Department of Labor’s Wage and Hour Division found from the company violated federal law by failing to the following:Include hourly shift differentials into employees’ regular rate of pay when calculating overtime. Maintain accurate payroll records to reflect the correct overtime pay for non-exempt employees.Display any federal labor posters.Headquartered in Auburn Hills, Michigan, Faurecia Emissions Control Technologies USA Inc. is a vehicle exhaust systems manufacturer that produces combustion engines and emissions control systems. Quotes: “When employers calculate an employee’s hourly rate for the purposes of overtime, they must include shift differentials and non-discretionary bonuses into that calculation,” said Wage and Hour District Director Aaron Loomis in Indianapolis. “Employers or workers with questions on how to accurately calculate wages due should contact the Wage and Hour Division for compliance assistance.”Background: Learn more about the Wage and Hour Division, including the Workers Owed Wages search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.The division offers multiple compliance assistance resources, including the EMPLEO alliance a, collaboration of community and nongovernmental organizations, including state, local, and federal agencies and Hispanic consulates that provides information and assistance to Spanish-speaking employees and employers regarding workplace rights and responsibilities. Workers and employers can reach EMPLEO by calling (877) 522-9832 or (877) 55-AYUDA.Download the agency’s new Timesheet App for iOS and Android devices – also available in Spanish –to ensure hours and pay are accurate.Fri, 22 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/whd/whd20241122Department of Labor reaches settlement with Mississippi pipe manufacturer to correct safety failures that led to 25-year-old worker’s fatal injuries
http://www.dol.gov/newsroom/releases/osha/osha20241122
BAY SAINT LOUIS, MS – The U.S. Department of Labor has entered into a settlement agreement with a Mississippi steel pipe manufacturer with a long history of safety failures to correct recent conditions that led to a 25-year-old employee’s fatal injuries in January 2024 in Bay Saint Louis.An investigation by the department’s Occupational Safety and Health Administration found Jindal Tubular USA LLC had not established safe practices for storing and stacking pipes, resulting in a tragic incident where 2,000-pound pipes collapsed, fatally injuring one worker and causing life-altering injuries to a 20-year-old laborer, who subsequently lost both legs.OSHA cited the company for failing to ensure stacked pipes were stable and secure against collapse. Inspectors also identified three repeat violations that included failing to provide machine guarding, inspect or test electrical insulating protective gloves periodically, and prevent slipping hazards. In addition, the company was cited for 26 serious violations that included failing to ensure guardrails or covers were in place at open pits to protect employees from fall hazards, allowing accumulation of combustible dust on surfaces and failing to label exit doors to facilitate safe egress in the event of a fire. “Jindal Tubular’s repeated failure to provide employees with a safe workplace has been truly disturbing,” said OSHA Area Office Director Courtney Bohannon in Jackson, Mississippi. “We hope this settlement signals a new willingness to make employee safety the centerpiece of its operations.”As part of the agreement negotiated by OSHA and the Office of the Solicitor, Jindal Tubular USA will withdraw its challenge to the citations and pay $442,815 in penalties. In addition, the employer is obligated to do the following:Hire a professional third-party consultant to develop a comprehensive safety and health program that the employer will implement within 30 days.Allow the consultant to conduct monthly worksite audits and provide copies of the audits to OSHA.Provide safety training to all stacking yard employees.Upgrade electrical wiring and components in combustible dust areas.Employ at least one dedicated safety and health professional who has completed a 30-hour OSHA safety course on each shift. Report work-related injuries and illnesses to OSHA on a quarterly basis for a period of three years and allow agency personnel to inspect without delay when a logged injury or illness occurs.With the latest violations, Jindal Tubular USA has been cited for 46 OSHA safety violations in the last five years. The company manufactures and coats large diameter steel pipes at its 155-acre facility in Bay Saint Louis. Incorporated in 2014, the company has more than 400 employees. Employers can visit OSHA’s website for information on developing a workplace safety and health program, and can also contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards.Fri, 22 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/osha/osha20241122US Department of Labor awards Wisconsin $4.3M in funding to support employment, training services in communities affected by opioid crisis
http://www.dol.gov/newsroom/releases/eta/eta20241121-0
WASHINGTON – The U.S. Department of Labor today announced the award of $4.3 million in grant funding to Wisconsin’s Department of Workforce Development to assist people affected by the health and economic effects of widespread opioid use, addiction and overdose.Opioid-related deaths and emergency room hospitalizations rose more than 18 percent between 2020 and 2022 and according to the Wisconsin Department of Health Services, more people die of opioid overdoses in Wisconsin each year than in car crashes. Overseen by the department’s Employment and Training Administration, the National Health Emergency Dislocated Worker Grant announced today will serve communities across Wisconsin by creating disaster-relief positions to address humanitarian needs resulting from the opioid crisis.“The Employment and Training Administration is committed to ensuring Wisconsin workers affected by the opioid crisis have access to grant funding and assistance that will help their communities address the unique impacts of this complex public health crisis,” said Assistant Secretary for Employment and Training José Javier Rodríguez. “This Dislocated Worker Grant provides critical support to Wisconsin by providing jobs to affected workers and training to assist professions in the areas of addiction treatment, mental health and pain management.”Funds will also support employment and training services for eligible individuals to reintegrate into the workforce or transition into professional fields that could impact the opioid crisis. In October 2017, the U.S. Department of Health and Human Services declared the opioid crisis a national public health emergency, enabling Wisconsin to request this funding.Supported by the Workforce Innovation and Opportunity Act of 2014, Dislocated Worker Grants temporarily expand the service capacity of dislocated worker programs at the state and local levels by providing funding assistance in response to large, unexpected economic events that cause significant job losses.Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/eta/eta20241121-0Unemployment Insurance Weekly Claims Report
http://www.dol.gov/newsroom/releases/eta/eta20241121
In the week ending November 16, the advance figure for seasonally adjusted initial claims was 213,000, a decrease of 6,000 from the previous week's revised level. The previous week's level was revised up by 2,000 from 217,000 to 219,000. The 4-week moving average was 217,750, a decrease of 3,750 from the previous week's revised average. The previous week's average was revised up by 500 from 221,000 to 221,500.Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/eta/eta20241121Department of Labor petitions federal court to force US Postal Service to comply with subpoenas in employee whistleblower investigation
http://www.dol.gov/newsroom/releases/osha/osha20241121
Date of action: Nov. 20, 2024Type of action: Petition to enforce subpoena Employer: U.S. Postal Service, New Salem, PennsylvaniaBackground: The department filed a petition today in the U.S. District Court for the Western District of Pennsylvania to enforce its subpoenas issued by its Occupational Safety and Health Administration as part of a whistleblower investigation of the U.S. Postal Service in New Salem, Pennsylvania. OSHA opened the probe in October 2023 after an employee alleged in a whistleblower complaint that she was suspended after reporting safety hazards involving an assigned vehicle and a work-related injury.During its investigation, OSHA interviewed a USPS manager regarding the suspension and later learned that almost immediately after the interview, USPS supervisors began conducting safety observations of the employee as she drove her truck. They later claimed to have seen the employee violating safety rules, and USPS then fired the employee based on the alleged infractions. The employee then contacted OSHA, which amended the earlier complaint to include the termination as an additional act of retaliation. When OSHA issued a subpoena to re-interview the manager, including making an audio recording of the interview, USPS refused to allow the audio recording unless OSHA also hired a court reporter to transcribe the interview. In addition, after OSHA issued a document subpoena to obtain relevant documents and information, USPS refused to produce certain documents. The department’s petition asks the court to enforce both of these subpoenas.Since 2020, the department has filed nine federal lawsuits to protect USPS probationary employees fired after reporting injuries in California, Oregon, Pennsylvania and Washington. Learn more about OSHA’s Whistleblower Protection Programs.Quote: “OSHA has the power to subpoena employers for necessary information to complete its investigative process,” said OSHA Regional Administrator Michael J. Rivera, in Philadelphia. “Employers cannot refuse to produce relevant documents and are not entitled to dictate the way in which OSHA conducts interviews.”Docket Number: 2:24-mc-01262-MRHThu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/osha/osha20241121US Department of Labor expands employment assistance for transitioning service members, veterans, spouses with new training, partners, service areas
http://www.dol.gov/newsroom/releases/vets/vets20241121
WASHINGTON – The U.S. Department of Labor today announced that its Veterans’ Employment and Training Service has expanded the Transition Assistance Program, extending the opportunity for veterans, transitioning service members and their spouses to use resources to find suitable employment.The expansion includes the addition of seven new partners and the renewal of eight others in the Employment Navigator and Partnership Program that offers transitioning service members and their spouses one-on-one career services at 37 military installations worldwide. The program also connects participants and partner organizations that provide additional employment services before and after they separate from the military.As program partners, organizations offer apprenticeship opportunities, digital skills matching, employment networking, mentoring, hiring events and referrals to employment placement and training servicesThe seven organizations that signed new, three-year memorandums of understanding with VETS and became the newest additions to the Employment Navigator and Partnership Program are 50Strong in Buckeye, Arizona;JVS SoCal in Los Angeles and SEMI Foundation in Milpitas, California; Candorful Inc. in Malden and BufferSprings LLC in Raynham, Massachusetts; Meritorious LLC and Meritorious Foundation in Astoria, New York; and Veterans Solutions 4 Life LLC in Lawton, Oklahoma.The organizations renewing their ENPP partnerships are Zero8Hundred Inc. in San Diego; VetJobs in Fort Myers, Florida; Hire Heroes USA Inc. in Alpharetta, Georgia; American Corporate Partners in New York; Ability ASCEND in Simpsonville, South Carolina; Combined Arms in Houston, Texas; Center for Military Recruitment, Assessment and Veterans Employment in Washington, D.C.; and RVET Operating LLC in Chesapeake, Virginia.With the addition of seven new organizations, there are now 73 partners in the ENPP program that, since its 2021 launch, has served more than 19,000 transitioning service members and their spouses. Recent data shows enlisted participants were employed faster and earned more in quarterly wages than enlisted transitioning service members outside the program. To become an ENPP partner or to host the program at an installation, contact VETS at TAPPartnerships@dol.gov or visit dol.gov/employmentnavigator. VETS also announced other changes to expand employment training to service members and their spouses, including the expansion of its Off-Base Transition Training to veterans, National Guard members and reservists and their spouses in Indiana, New Jersey, New Mexico, Washington and the District of Columbia as they prepare for civilian employment. In addition, the agency will revise its Employment Fundamentals of Career Transition curriculum in January 2025 to include the use of artificial intelligence in the job search process. Learn more about EFCT, all TAP curriculum, and to access a VETS Resource Guide.Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/vets/vets20241121US Department of Labor awards Wisconsin $4.3M in funding to support employment, training services in communities affected by opioid crisis
http://www.dol.gov/newsroom/releases/eta/eta20241121-0
WASHINGTON – The U.S. Department of Labor today announced the award of $4.3 million in grant funding to Wisconsin’s Department of Workforce Development to assist people affected by the health and economic effects of widespread opioid use, addiction and overdose.Opioid-related deaths and emergency room hospitalizations rose more than 18 percent between 2020 and 2022 and according to the Wisconsin Department of Health Services, more people die of opioid overdoses in Wisconsin each year than in car crashes. Overseen by the department’s Employment and Training Administration, the National Health Emergency Dislocated Worker Grant announced today will serve communities across Wisconsin by creating disaster-relief positions to address humanitarian needs resulting from the opioid crisis.“The Employment and Training Administration is committed to ensuring Wisconsin workers affected by the opioid crisis have access to grant funding and assistance that will help their communities address the unique impacts of this complex public health crisis,” said Assistant Secretary for Employment and Training José Javier Rodríguez. “This Dislocated Worker Grant provides critical support to Wisconsin by providing jobs to affected workers and training to assist professions in the areas of addiction treatment, mental health and pain management.”Funds will also support employment and training services for eligible individuals to reintegrate into the workforce or transition into professional fields that could impact the opioid crisis. In October 2017, the U.S. Department of Health and Human Services declared the opioid crisis a national public health emergency, enabling Wisconsin to request this funding.Supported by the Workforce Innovation and Opportunity Act of 2014, Dislocated Worker Grants temporarily expand the service capacity of dislocated worker programs at the state and local levels by providing funding assistance in response to large, unexpected economic events that cause significant job losses.Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/eta/eta20241121-0US Department of Labor recovers $87K in back wages, damages from New Port Richey restaurant for 21 workers denied minimum wage, overtime
http://www.dol.gov/newsroom/releases/whd/whd20241121
Employer: Central Park Family Restaurant Inc. 7657 State Road 54 New Port Richey, FL 34653Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the restaurant required employees to purchase a uniform shirt, which caused their average weekly wages to fall below the federal minimum wage, a violation of the Fair Labor Standards Act. They also found Central Park used the cash wage rather than the higher Florida state minimum wage to compute servers overtime rate and the employer incorrectly classified some kitchen staff as exempt from overtime. By doing so, the restaurant paid these nonexempt employees a flat weekly salary and did not pay them time and a half for hours worked over 40, a violation of the FLSA overtime requirements. Back wages and liquidated damages recovered: The division recovered $87,118 in back wages and liquidated damages for 21 workers. Quote: “Paying a salary does not automatically excuse employers from their obligation to pay employees required overtime wages. Failure to pay overtime correctly continues to be a common violation among restaurant industry employers,” said Wage and Hour Division District Director Nicolas Ratmiroff in Tampa, Florida. “Employers who are unsure of their legal obligations should contact their local Wage and Hour Division office for assistance.”Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including its search tool to learn if you are owed back wages collected by the division. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App available for free in English or Spanish. Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/whd/whd20241121Departamento de Trabajo recupera más de US$1,4 millón en salarios y daños para ingenieros mexicanos de subsidiaria de General Dynamics en San Diego
http://www.dol.gov/newsroom/releases/whd/whd20241119s
SAN DIEGO – El Departamento de Trabajo de EE.UU. ha recuperado más de US$1,4 millón para 36 ingenieros mexicanos que trabajaban en San Diego para una subsidiaria de General Dynamics Corp., uno de los contratistas de defensa más grandes del mundo, que les pagaron en pesos mexicanos por debajo de la tasa del salario mínimo federal en violación de la Ley de Normas Justas de Trabajo. La División de Horas y Salarios descubrió que National Steel and Shipbuilding Co. - uno de los tres astilleros del grupo Marine Systems de General Dynamics que diseña y construye barcos auxiliares y de apoyo para la Marina de EE.UU. - utilizó el Programa de visas L-1B para traer a los trabajadores a San Diego desde una subsidiaria de General Dynamics en Mexicali, México, para instalar plantas de energía, motores y maquinaria; completar estructuras y terminar y amueblar interiores de los barcos. Los investigadores de la división descubrieron que NASSCO pagaba a los ingenieros en pesos al tipo de pago mexicano para que trabajaran un promedio de 42 horas o más por semana. También determinaron que el empleador consideró indebidamente los costos de viáticos y alojamiento de los trabajadores viajeros como salarios y no mantuvo registros de tiempo precisos para ellos. Los investigadores descubrieron que NASSCO debía a los 36 ingenieros US$719.135 en salarios mínimos y horas extras no pagados, más una cantidad igual en compensación por daños. “General Dynamics NASSCO trajo a estos trabajadores especializados de México a San Diego para construir embarcaciones para la Marina de EE.UU., pero no cumplió con las regulaciones salariales federales que protegen a cualquier persona que trabaje en los EE.UU.”, explicó la directora distrital de la División de Horas y Salarios, Min Park-Chung, en San Diego. “La División de Horas y Salarios trabaja en estrecha colaboración con el Consulado General de México en San Diego para educar a los ciudadanos mexicanos sobre sus derechos como trabajadores en los EE.UU. y garantizar que quienes los emplean cumplan con la ley”.Además de pagar a los ingenieros sus salarios atrasados y compensación por daños, NASSCO firmó un acuerdo de cumplimiento que les prohíbe futuras violaciones de la ley laboral federal y requiere que capaciten a los empleados que manejan y supervisan a los trabajadores extranjeros con visas de no inmigrantes. NASSCO debe notificar a los empleados sobre sus derechos bajo la FLSA. El programa de visas L-1B permite a los empleadores transferir empleados profesionales con conocimientos especializados de una de sus oficinas extranjeras afiliadas a sus oficinas en Estados Unidos.NASSCO tiene su sede en San Diego y opera astilleros en Norfolk, Virginia; Bremerton, Washington; y Mayport en Jacksonville, Florida. Su empresa matriz, General Dynamics, es un contratista aeroespacial y de defensa que emplea a más de 100.000 personas en todo el mundo y generó US$42.300 millones de dólares en ingresos en 2023. Obtenga más información sobre la División de Horas y Salarios, incluida una herramienta de búsqueda que puede usar si cree que se le deben salarios atrasados cobrados por la división y como presentar una queja en línea. Los trabajadores y empleadores pueden llamar a la línea de ayuda gratuita de la división al 866-4US-WAGE (487-9243), independientemente de su procedencia. El departamento puede hablar con las personas que llaman en más de 200 idiomas.Descargue la nueva aplicación de planilla de horas para dispositivos iOS y Android de la agencia, ahora disponible en inglés y español, para garantizar que las horas y el pago sean precisos.Thu, 21 Nov 24 12:00:00 +0000http://www.dol.gov/newsroom/releases/whd/whd20241119s