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 $330K in back wages for 20 workers denied overtime pay by North Carolina contractor

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US Department of Labor recovers $330K in back wages for 20 workers denied overtime pay by North Carolina contractor
Employer:                               ELJ Inc. Investigation site:                  133 Batting Cage Trail                                                  Jacksonville, NC 28540 Investigation findings: Investigators with the department’s Wage and Hour Division found the North Carolina general contractor misclassified its employees as independent contractors and paid straight-time rates for all hours worked. By doing so, ELJ Inc. failed to pay employees the additional half time rate of pay for overtime  hours over 40 in a workweek, which violated the Fair Labor Standards Act’s overtime requirements. The employer also failed to maintain accurate and complete records with employees’ Social Security numbers, addresses, rates of pay and total earnings.   Back Wages and Liquidated Damages Recovered: $330,367 for 20 workers.                               Quote: “Employers who misclassify employees as independent contractors deny them overtime wages and may deny them state-required workers compensation and unemployment insurance protections,” said Wage and Hour Division District Director Richard Blaylock in Raleigh, North Carolina. “The Wage and Hour Division is determined to hold employers accountable when they shortchange workers and gain an unfair competitive advantage. We suggest that employers review their pay practices to make sure their practices comply with the law, and to contact us with questions or concerns.” Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. The division also offers online resources for employers, such as a fact sheet on Fair Labor Standards Act wage laws overtime requirements and a compliance assistance toolkit for the Construction Industry. Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state through a list and interactive online map on the agency’s website. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android Timesheet App for free. Learn more about Wage and Hour Division.

Published at February 27, 2023 at 04:00PM
Read more at https://dol.gov

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