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Showing posts from October, 2024

Court enters consent order requiring New Hampshire landscaper to pay employees $310K in wages, liquidated damages

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Court enters consent order requiring New Hampshire landscaper to pay employees $310K in wages, liquidated damages MANCHESTER, NH – The U.S. Department of Labor, following an investigation by the department’s Wage and Hour Division and the filing of a consent order in federal court by the department’s Office of the Solicitor, has recovered a total of $310,193 in back wages and liquidated damages from a Bedford landscaper and contractor who underpaid 60 employees. The division found that Ulster Property Services LLC and owner Kieran Rice violated the overtime, minimum wage, child labor and recordkeeping requirements of the Fair Labor Standards Act by doing the following:Paying 59 workers, whose duties included landscaping, snow removal and construction work, straight time wages for all hours worked, instead of paying them the required overtime rate for hours over 40 in a workweek.Failing to pay one employee for all hours worked, resulting in the employee receiving less than the required
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Department of Labor finds construction contractors failed to protect rigger from fatal 30-story fall at Fort Lauderdale high-rise

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Department of Labor finds construction contractors failed to protect rigger from fatal 30-story fall at Fort Lauderdale high-rise FORT LAUDERDALE, FL – A U.S. Department of Labor investigation found two contractors could have prevented a crane collapse at a Fort Lauderdale residential construction site in April 2024, which caused a 27-year-old rigger to suffer fatal injuries after falling approximately 30 stories.Investigators with the department’s Occupational Safety and Health Administration learned that two workers employed by Phoenix Rigging & Erecting LLC were installing a section on a tower crane to increase its height when a support cable failed and the platform on which they stood became displaced. One worker, who was wearing the required fall protection and tied off, was rescued. Another worker, whose lanyard was not connected to an anchor point was fatally injured.OSHA cited Phoenix Rigging & Erecting in Mableton, Georgia, for three serious violations for failing to 
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Department of Labor seeks Kentucky highway construction industry’s input to set accurate prevailing wage, fringe benefits for workers

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Department of Labor seeks Kentucky highway construction industry’s input to set accurate prevailing wage, fringe benefits for workers LOUISVILLE, KY – The U.S. Department of Labor encourages employers and others in Kentucky’s highway construction industry to complete a statewide prevailing wage rates survey to help its Wage and Hour Division establish accurate pay and fringe benefits for workers on federally funded and assisted construction projects.The Davis-Bacon and Related Acts require the department to set the prevailing wage rates that reflect the actual wages and fringe benefits paid to construction workers in the county where the work occurs. The survey asks participants to provide information on wages employers paid on highway projects in Kentucky where construction occurred from Nov. 4, 2023, to Feb. 4, 2025. Not limited to federally funded construction projects, survey findings help the division in publishing accurate prevailing wage and fringe benefit rates in areas survey
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Judge affirms serious violations against Rochester roofing contractor that exposed workers to 4-story falls from Village of Newark municipal building

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Judge affirms serious violations against Rochester roofing contractor that exposed workers to 4-story falls from Village of Newark municipal building SYRACUSE, NY – An administrative law judge has ordered a Rochester commercial roofing company to pay $16,782 in penalties for two serious fall protection and ladder safety violations, after an investigation and litigation by the U.S. Department of Labor.The company, Elmer W. Davis Inc., had contested citations issued by the U.S. Department of Labor’s Occupational Safety and Health Administration that alleged safety violations including that the employer failed to protect an employee from a 40-foot fall hazard as they stood near the edge of a roof to guide a crane’s operation. OSHA also alleged the company allowed workers to use an unsafe ladder.In April 2022, OSHA found that workers performing roofing work on the Village of Newark’s municipal building were not using the necessary fall protection. The post-trial decision affirmed two of t
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US Department of Labor recovers more than $1B in wages, damages for 615,000 workers under Biden-Harris administration

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US Department of Labor recovers more than $1B in wages, damages for 615,000 workers under Biden-Harris administration WASHINGTON –The Biden-Harris administration today announced that the Department of Labor’s Wage and Hour Division recovered more than $1 billion in back wages and damages for our nation’s workers since the start of the Biden-Harris administration. The recoveries derive from investigations concluded by the division from Jan. 20, 2021, through Sept. 30, 2024.“As part of the Biden-Harris administration’s efforts to protect and defend America’s working people, the Wage and Hour Division has recovered more than $1 billion in back wages and damages—achieving both justice and economic relief for more than 615,000 workers,” said Acting Secretary of Labor Julie Su. “Thanks to the leadership of President Biden and Vice President Harris, this department has been focused on protecting those workers who need us most—the hotel cleaners, home care aides, meatpackers and hundreds of t
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Department of Labor to hold online seminars for current, prospective federal contractors on prevailing wage requirements in fiscal year 2025

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Department of Labor to hold online seminars for current, prospective federal contractors on prevailing wage requirements in fiscal year 2025 WASHINGTON – The U.S. Department of Labor announced today that its Wage and Hour Division will offer online seminars for contractors, contracting agencies, unions, workers and other stakeholders on prevailing wage requirements in fiscal year 2025 for federally funded construction and service contracts.In the division’s ongoing effort to increase awareness and improve compliance, the division will host two-day seminars with sessions on the Davis-Bacon Act, Service Contract Act and other related topics. Participants can choose among the sessions offered either of the two days. Seminars are scheduled on Nov. 13-14, 2024, and from March 18-19, June 25-26 and Sept. 24-25 in 2025. Learn more about related federal wage regulations and check for updates on the seminars.“Prevailing wage laws empower workers by ensuring federally funded construction and se
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Statement by Acting Secretary of Labor Su on September jobs report

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Statement by Acting Secretary of Labor Su on September jobs report WASHINGTON – Acting Secretary of Labor Julie Su issued the following statement on the September 2024 Employment Situation report: “Today’s jobs report shows that our economy continues to thrive, adding 254,000 jobs in September, with the unemployment rate falling to 4.1 percent. With an average of 186,000 jobs added over the past three months, it’s clear that people who need a job are finding a job. That’s how strong our economy is. “We’re seeing steady growth across sectors like Private Education & Health Services (+81,000), Leisure & Hospitality (+78,000), Government (+31,000) and Construction (+25,000). At the same time, wages have risen 4.0 percent over the past year, putting more money in working families’ pockets. Since President Biden and Vice President Harris took office in January 2021, our economy has added over 16.2 million jobs, including 729,000 in manufacturing and 940,000 in construction. “Four y
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Department of Labor orders railroad to reinstate employee, pay $200K in back wages, damages after retaliation for safety complaints

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Department of Labor orders railroad to reinstate employee, pay $200K in back wages, damages after retaliation for safety complaints ENDERLIN, ND – A federal whistleblower investigation has found a North Dakota railroad company illegally retaliated against and terminated a claims representative who reported an injury, discussed safety concerns with their supervisor and filed a complaint with the U.S. Department of Labor. The department’s Occupational Safety and Health Administration investigated a complaint filed by an Enderlin-based employee of Soo Line Railroad Co. who reported an injury they believed was related to dust and chemical exposures during indoor workplace construction. In the months after, the claims representative discussed their safety complaints with their supervisor and co-workers. While the Federal Railway Safety Act protects a worker’s right to report injuries, to discuss them and file complaints with regulatory agencies, Soo Line Railroad later suspended and fired
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Minimum wages in American Samoa increase by 40 cents per hour

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Minimum wages in American Samoa increase by 40 cents per hour PAGO PAGO, American Samoa – Workers on American Samoa employed in industries covered by the Fair Minimum Wage Act of 2007 will receive a 40-cent increase in their hourly wage beginning Sept. 30.The Fair Labor Standards Act applies generally to employment in American Samoa as it does to employment in the U.S. The Fair Minimum Wage Act of 2007, as amended by Public Law 114-61, sets industry-specific minimum wage rates for American Samoa and provides that additional increases in those minimum wage rates of $0.40 per hour will occur every three years on Sept. 30, until all minimum wage rates equal the federal minimum wage. The last increase was Sept. 30, 2021.American Samoa's minimum wage rates are set for particular industries, not for an employee's particular occupation. The rates are minimum rates, but an employer may choose to pay an employee at a rate higher than the industry-specific rate. The law also requires em
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