US Department of Labor investigation finds Birmingham construction company willfully exposed workers to trench collapse at Bessemer worksite

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US Department of Labor investigation finds Birmingham construction company willfully exposed workers to trench collapse at Bessemer worksite BIRMINGHAM – A U.S. Department of Labor investigation has found numerous safety hazards at a civil construction employer’s worksite following a trench collapse in Jefferson County. The department’sOccupational Safety and Health Administration investigators found CB&A Construction LLC workers removed and installed drain pipes for Jefferson County under a suspended load, without hard hats, and at the edge of an excavation that lacked protective restraints.OSHA cited CB&A Construction with a willful violation and proposed $170,145 in penalties.CB&A Construction LLC has 15 business days from receipt of its 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. Penalties and citations may...
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US Department of Labor recovers $33K in back wages for five workers after investigation revealed Apex company violated federal wage laws

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US Department of Labor recovers $33K in back wages for five workers after investigation revealed Apex company violated federal wage laws
APEX, NC – The U.S. Department of Labor has recovered $33,230 in back wages for five employees working on a federally funded construction project in Fayetteville. Investigators found the employer failed to pay workers all wages earned as required by the Davis Bacon Act. Investigators with the department’s Wage and Hour Division found Apex Plumbing and Heating Inc. – operating as APH – violated federal law when the employer paid employees the prevailing wage for sheet metal workers even though they performed plumbers’ work. The employer paid less than the prevailing wage and benefits than the workers would have earned if paid correctly. In addition, APH failed to comply with Executive Order 13706, Paid Sick Leave for Federal Contractors, by failing to allow employees to accrue and use paid sick leave. Record keeping violations under the Fair Labor Standards Act were also found. “Prevailing wage laws on government contracts put competing contractors on equal footing and protect the wages and earned leave of hard-working tradespeople,” said Wage and Hour Division District Director Richard Blaylock in Raleigh, North Carolina. “This case should serve as a reminder for other employers that different trades require different wage rates if Davis Bacon regulations apply. When a worker performs different types of work, the employers must record the number of hours worked in each job classification and pay worker the correct prevailing rate for each type of work performed.” The Wage and Hour Division’s investigation reviewed APH’s pay practices for work conducted work at Fayetteville VA Medical Center in Fayetteville. APH is headquartered in Apex and performs plumbing, heating and ductwork in large-scale residential and commercial developments, military installations and Veterans Affairs facilities across the eastern region of the U.S. For information about the FLSA and other laws enforced by the division, including compliance assistance toolkits, contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243) or learn more about the Wage and Hour Division on its website, including a search tool to use if you think you may be owed back wages collected by the division. Callers can receive information confidentially in more than 200 languages.

Published at December 26, 2021 at 04:00PM
Read more at https://dol.gov

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