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Department of Labor alleges subcontractor knowingly exposed employees to asbestos hazards during former Waukegan hospital demolition

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Department of Labor alleges subcontractor knowingly exposed employees to asbestos hazards during former Waukegan hospital demolition WAUKEGAN, IL – Alleging that K.L.F. Enterprises — a Chicago demolition subcontractor — knew it was exposing its employees and others to the serious dangers of asbestos at a Waukegan work site, the U.S. Department of Labor has cited the company for 36 safety and health violations after a federal investigation. In November 2023, investigators with the department’s Occupational Safety and Health Administration opened a complaint inspection after they observed K.L.F. employees not wearing protective equipment amid piles of debris and steel I-beams during structural demolition of the eight-story former Lakes Behavioral Health hospital. OSHA determined that K.L.F. continued demolition activities — disturbing and removing asbestos used to fireproof the building’s interior — despite recognizing the debris piles outside were likely asbestos-laden. The company did
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Department of Labor recovers nearly $100K in wages, damages for 31 misclassified Oklahoma construction workers

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Department of Labor recovers nearly $100K in wages, damages for 31 misclassified Oklahoma construction workers Employer name:                      Future Inc.Investigation sites:               10216 Oak Dr                                                        Newalla, OK 74857Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found Future Inc. – a dirt work contractor serving commercial, industrial and residential clients – misclassified 31 construction workers employed to complete major projects in a multi-state area as independent contractors. Future Inc. violated federal law by failing to pay the required time and one-half its employees’ hourly wages for hours worked over 40 per workweek. In 2023, the division found more than $35.5 million in owed wages for construction industry workers. On Jan. 10, 2024, the department published a final rule, effective March 11, revising the department’s guidance on how to analyze who is an employee or independent contr
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New York roofing company withdraws contest notice after vigorous litigation by Department of Labor, affirming egregious willful citations, $687K fine

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New York roofing company withdraws contest notice after vigorous litigation by Department of Labor, affirming egregious willful citations, $687K fine HO-HO-KUS, NJ – Vigorous litigation by the U.S. Department of Labor has convinced a New York roofing company to stop contesting the egregious willful and other citations it received and the $687,536 penalty assessed after a 2022 workplace safety investigation at a Ho-Ho-Kus worksite. On March 1, 2024, ALJ Home Improvement, a contractor with an extensive history of fall hazard violations, filed a notice of withdrawal with the independent Occupational Safety and Health Review Commission. The Nanuet, New York-based company’s action came one week before a scheduled trial litigated by the department’s Office of the Solicitor in New York. As a result, the commission has affirmed the citations issued by the department’s Occupational Safety and Health Administration including three per-instance egregious willful fall protection violations, a wil
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US Department of Labor recovers nearly $200K for workers underpaid by Massachusetts subcontractor at Rhode Island worksite

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US Department of Labor recovers nearly $200K for workers underpaid by Massachusetts subcontractor at Rhode Island worksite BOSTON – The U.S. Department of Labor has recovered $199,433 in back wages for 37 workers after finding a Lawrence construction subcontractor failed to pay prevailing wages and fringe benefits to employees working on a federally funded project at a Department of Veterans Affairs medical center in Providence, Rhode Island.The department’s Wage and Hour Division investigation found Stone Art Inc. failed to pay carpenters, tapers and laborers installing drywall the required prevailing wage rate and fringe benefits required under the Davis-Bacon Act.Investigators also found that Stone Art Inc. falsified certified payroll records, failed to create and maintain accurate payroll and basic records, did not pay proper overtime under the Contract Work Hours and Safety Standards Act and failed to allow employees to accrue one hour of paid sick leave for every 30 hours worked
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US Department of Labor investigation of worker’s confined space fatality finds Oklahoma City-area contractor ignored federal safety measures

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US Department of Labor investigation of worker’s confined space fatality finds Oklahoma City-area contractor ignored federal safety measures OKLAHOMA CITY – An Oklahoma City employer’s failure to follow federal safety procedures left a 30-year-old worker suffering fatal asphyxiation as they tried to make repairs inside a water tank at a McClain County wellsite in September 2023, a federal investigation has found.Responding to the report of a fatality in Purcell, investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration determined the worker had entered a permit-required confined space to fix a leaking bulkhead valve in a production tank and then lost consciousness. Two co-workers entered the tank in a failed rescue attempt and suffered effects from exposure to low atmospheric conditions. Neither sustained injuries.OSHA investigators found the employer, C&M Roustabout Services LLC failed to evaluate the tank for hazardous conditions – including
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Federal wage investigations recover $607K for 227 workers on extension of Valley Metro Light Rail in Phoenix

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Federal wage investigations recover $607K for 227 workers on extension of Valley Metro Light Rail in Phoenix PHOENIX – The U.S. Department of Labor has recovered $607,395 in back wages for 227 people working on an extension of the Valley Metro Light Rail system in the Phoenix metro area. Several investigations of the companies working for Omaha, Nebraska-based Kiewit Infrastructure West Co. — the federally supported project’s prime contractor — identified violations of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.“A prime contractor is responsible for ensuring that subcontractors follow all regulations and procedures for projects supported, in part or fully — with federal funds — including paying prevailing wages and providing required benefits,” explained Wage and Hour Division District Director Eric Murray in Phoenix. “The Wage and Hour Division is determined to ensure that federally funded construction projects provide workers and local comm
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Long Island construction contractor to pay $144K, enhance compliance following US Department of Labor investigation, litigation

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Long Island construction contractor to pay $144K, enhance compliance following US Department of Labor investigation, litigation NEW YORK – An East Patchogue construction contractor will pay $144,000 in penalties and implement enhanced compliance actions and policies to reduce workplace hazards for its companies’ and subcontractors’ employees as part of a stipulated settlement agreement with the U.S. Department of Labor.On June 5, 2019, the department’s Occupational Safety and Health Administration cited Northridge Construction Corp. for willful and serious fall protection, struck-by and electrical violations, following the Dec. 8, 2018, death of an employee. The employee fell 12 feet while walking on the roof panels of a partially completed structure in East Patchogue. Northridge Construction Corp. contested OSHA’s citations to the independent Occupational Safety and Health Review Commission.The department and Northridge Construction Corp. have reached a settlement that upholds the de
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US Department of Labor will offer training, compliance assistance at 2024 Central Alabama Construction Safety Conference, Expo

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US Department of Labor will offer training, compliance assistance at 2024 Central Alabama Construction Safety Conference, Expo Who:               U.S. Department of Labor’s Occupational Safety and Health AdministrationWhat:             2024 Central Alabama Construction Safety Conference and ExpoWhen:             March 14, 2024Where:           Hyundai Training Center                        2055 Co Road 42Montgomery, AL 36105Quote: “Employers can prevent workplace injuries and fatalities by understanding potential hazards and by committing to their employees’ safety and well-being,” said OSHA Area Office Director Jose Gonzalez in Mobile, Alabama. “All workers have the right to a work environment free of hazardous conditions that pose a threat to their safety and health. The Central Alabama Safety Construction Conference and Expo is intended to provide free information on a wide range of safety and health-related subjects to employers and employees.”Background: At the one-day event, OSHA
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US Department of Labor, Southeast Louisiana Building and Construction Trades Council establish partnership to improve industry compliance

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US Department of Labor, Southeast Louisiana Building and Construction Trades Council establish partnership to improve industry compliance NEW ORLEANS – The U.S. Department of Labor announced today that its Wage and Hour Division’s New Orleans district office has signed a collaborative agreement with the Southeast Louisiana Building and Construction Trades Council to protect workers and promote compliance with federal labor laws. Wage and Hour District Director Troy Mouton and Executive Secretary for the Southeast Louisiana Building and Construction Trades Council Andy O’Brien sign a three-year agreement to establish a partnership to protect construction workers and promote compliance with federal laws.The partnership will help both organizations cross-train staff, ease outreach efforts and identify possible labor violations. It will also expand information sharing and create opportunities to inform workers about their legal protections and improve employer awareness of their obligatio
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US Department of Labor appoints 30 leaders to serve on Advisory Committee on Apprenticeship, share expertise

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US Department of Labor appoints 30 leaders to serve on Advisory Committee on Apprenticeship, share expertise WASHINGTON – The U.S. Department of Labor today announced the appointments of 30 members to serve on the Advisory Committee on Apprenticeship to advise the Secretary of Labor on issues related to the national apprenticeship system. Through their work on the committee, members will leverage their knowledge and experience to provide advice and recommendations on ways to use the apprenticeship training model to improve equitable access to career pathways for America’s workers and jobseekers.“The newly appointed members of the Advisory Committee on Apprenticeship offer unique perspectives, which the Department of Labor will leverage to develop strategies that drive innovation in apprenticeship,” said Acting Secretary of Labor Julie Su. “The committee represents a broad range of industry and sector knowledge that the department can harness to continue to improve, diversify and moder
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US Department of Labor recovers $119K in unpaid wages, damages for 43 workers denied overtime by Hawaii construction employer

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US Department of Labor recovers $119K in unpaid wages, damages for 43 workers denied overtime by Hawaii construction employer Employer:      H.K. Construction Corp.                         2046 South King St.Hawaii, HI 96826                                                                                                     Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found that H.K. Construction, a company offering residential construction services on the island of Oahu, recklessly disregarded the requirements of the Fair Labor Standards Act and underpaid dozens of field employees the wages they legally earned. Investigators determined H.K. Construction failed to pay overtime rates by banking or saving hours worked over 40 in a workweek for payment in another pay period where employees worked fewer than 40 hours. The employer also attempted to substitute the cost of tools for the employee for the wages it owed. Additionally, H.K. Construction did not r
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US Department of Labor seeks input from South Dakota building, heavy construction industry for wage survey to establish prevailing wage rates

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US Department of Labor seeks input from South Dakota building, heavy construction industry for wage survey to establish prevailing wage rates SIOUX FALLS, SD – The U.S. Department of Labor’s Wage and Hour Division is surveying the building and heavy construction industry of South Dakota to set prevailing wage rates, as required under the Davis-Bacon and Related Acts, for the payment of construction workers on federally funded and federally assisted construction projects.The DBRA directs 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 takes place. This survey requests information about wages paid to construction workers on building and heavy construction projects in South Dakota where construction occurred between March 25, 2023, and June 25, 2024. This is a statewide survey and is not limited to federally funded construction projects. The data collection period will begin March
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ICYMI: Acting Secretary Su visits diverse communities, spotlights Biden-Harris administration investments in good jobs, support for unions

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ICYMI: Acting Secretary Su visits diverse communities, spotlights Biden-Harris administration investments in good jobs, support for unions WASHINGTON – As part of the most pro-worker, pro-union administration in history, Acting Secretary Su is traveling the country to engage with workers, visiting Oregon and Mississippi over the past two weeks. During the visits, she spoke with a diverse group of workers and community leaders about the Biden-Harris administration’s ongoing commitment to creating opportunities for all workers and building an economy from the middle out and the bottom up.The Biden-Harris administration is empowering workers and fighting to ensure that they receive the highest protections they are guaranteed under federal law. While visiting Mississippi, Acting Secretary Su met immigrant workers at a roundtable in Jackson with the Immigrant Alliance for Justice and Equity, followed by a roundtable with community and labor leaders in Jackson. Acting Secretary Su then trav
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US Labor Department recovers $37K in back wages for 37 workers denied overtime by Charleston construction contractor

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US Labor Department recovers $37K in back wages for 37 workers denied overtime by Charleston construction contractor Employer:      EAS Homes LLC                        9012 Timber St.                        Charleston, SC 29406Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found a Charleston commercial construction contractor misclassified some workers as independent contractors. By doing so, EAS Homes failed to pay the additional half-time rate for all hours worked over 40 in a workweek in violation of the Fair Labor Standards Act. Back wages recovered: The division recovered $37,155 in back wages for 37 workers.                                            Quote: “Misclassification of workers as independent contractors denies them overtime wages and benefits they legally earned and rightly deserve. In addition, it denies them employer contributions toward their social security benefits,” said Wage and Hour Division District Director Jamie Benefi
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Massachusetts contractor, repeat violator, again exposes workers to potentially fatal falls, leading to $306K in OSHA penalties

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Massachusetts contractor, repeat violator, again exposes workers to potentially fatal falls, leading to $306K in OSHA penalties BRAINTREE, MA – A Framingham roofing contractor with a history of fall-related safety violations again exposed its employees to potentially fatal falls, this time to falls of up to 20 feet at a residential worksite in Boston’s Hyde Park neighborhood. Brothers Construction Services Inc. – which also operates as Brothers Construction and Roofing and Brothers Roofing – faces $306,229 in penalties following a U.S. Department of Labor Occupational Safety and Health Administration inspection.OSHA opened an inspection of Brothers Construction Services Inc. at the Lexington Avenue worksite on Aug. 17, 2023, in response to a complaint that workers on the roof of a residential property were not using fall protection. Inspectors observed multiple OSHA violations involving inadequate fall protection, scaffolds, ladders, training, safety inspections and personal protectiv
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Building futures: US Department of Labor promotes safety to newest generation of construction workers in Southeast’s largest student career event

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Building futures: US Department of Labor promotes safety to newest generation of construction workers in Southeast’s largest student career event ATLANTA – Experts from the U.S. Department of Labor’s Occupational Safety and Health Administration will welcome thousands of students – from Georgia’s middle, high and tech schools – to the 2024 Construction Ready Career Expo in Atlanta. The event highlights the importance of on-the-job safety to the industry’s next generation of workers.Held at the Georgia World Congress Center from Feb. 22-23, the event will focus on careers in construction and related fields with specialties such as safety, highway construction, electrical contracting, energy, drywall, tile, roofing and more. Exhibits will feature machinery and tools, and participants will be on hand to answer questions about career options and skills needed in various industry fields.“Connecting with the thousands of students who walk through the doors and sharing the value of job safet
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Departamento de Trabajo recupera $170,000 tras descubrir que empresa de construcción de Bakersfield negó pago de horas extra a 74 empleados

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Departamento de Trabajo recupera $170,000 tras descubrir que empresa de construcción de Bakersfield negó pago de horas extra a 74 empleados Empleador:    Universal Welding and Construction Inc.                              12558 Snow Road                              Bakersfield, CA 93314                                                                                                      Hallazgos de la investigación: Una investigación de la División de Horas y Salarios del Departamento de Trabajo de EE. UU. descubrió que Universal Welding and Construction Inc. no pagó a 74 trabajadores tarifas de sobretiempo por horas trabajadas más allá de las 40 a la semana, privándoles así de su salario íntegro, en violación de la Ley de Normas Justas de Trabajo.Salarios atrasados recuperados:     $85,004 en horas extraordinarias no pagadas a 74 empleados                                                                           $85,004 en indemnizaciones por daños y perjuicios para 74 empleados   
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Illinois construction contractor faces $264K in proposed fines for again failing to protect employees from deadly fall hazards

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Illinois construction contractor faces $264K in proposed fines for again failing to protect employees from deadly fall hazards NAPERVILLE, IL – An Illinois construction contractor – with a history of ignoring federal safety regulations – has again been found exposing workers to deadly fall hazards on a jobsite in Naperville.  Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration observed employees of United Custom Homes LLC of Oswego, Illinois, working without protective equipment at heights up to 20 feet on a residential home under construction on Aug. 23, 2023. The Bureau of Labor Statistics reports that of 1,056 construction workers who suffered fatal on-the-job injuries in 2022, 423 of them died in falls. “United Custom Homes continues to ignore federal safety regulations and endanger workers’ lives by exposing them to deadly fall hazards,” said OSHA Chicago South Area Director Jim Martineck in Tinley Park, Illinois. “Every employer has a leg
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US Labor Department cites Melbourne crane service provider after investigation finds lack of safety protocols led to 34-year-old employee’s electrocution

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US Labor Department cites Melbourne crane service provider after investigation finds lack of safety protocols led to 34-year-old employee’s electrocution PALM BAY, FL – U.S. Department of Labor safety investigators have found that a Melbourne rental crane service provider could have prevented the electrocution of a 34-year-old crane operator at a Palm Bay work site in August 2023 by ensuring required safety measures were in place and followed. Investigators with the department’s Occupational Safety and Health Administration instead found that on Aug. 23, 2023, Capt’n Hook’s Crane Service Inc. sent an uncertified crane operator to a residential construction project alone to lift and place metal frame roof trusses at a residential construction project. After positioning the crane on an unpaved driveway and extending the boom to complete the first lift, the operator was electrocuted when the steel wire rope and chain rigging, suspended from the crane boom, contacted two 13,200-volt power
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US Department of Labor recovers $184K in back wages, damages for 56 workers shortchanged by Naples restaurant

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US Department of Labor recovers $184K in back wages, damages for 56 workers shortchanged by Naples restaurant TAMPA, FL – The U.S. Department of Labor has recovered $184,139 in back wages and liquidated damages for 56 seasonal guest workers and U.S. workers of a Naples restaurant after finding multiple violations of federal nonimmigrant work program regulations and federal minimum wage and overtime regulations. The department’s Wage and Hour Division found Sails Restaurant LLC violated provisions of the H-2B worker visa program by misrepresenting job requirements, including willfully misrepresenting access to high-paid server positions – suggesting unlimited earnings potential when instead no such job existed and promotional positions out of reach for many – and shifting a dining room attendant to another job as a construction laborer. The agency also found the employer:Imposed special experience requirements for H-2B workers to qualify for jobs. Failed to list all qualifications in t
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Roofing contractor pays $117,175 penalty after 15-year-old’s fatal fall at Alabama work site

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Roofing contractor pays $117,175 penalty after 15-year-old’s fatal fall at Alabama work site CULLMAN, AL – Apex Roofing & Restoration LLC paid $117,175 in civil money penalties after the U.S. Department of Labor determined that the Pelham roofing contractor employed a 15-year-old child in violation of federal child labor laws, resulting in the child’s death at a Cullman worksite. On July 1, 2019, a teen reported to the worksite for the first day on the job. While working on the roof of a Cullman Casting Corporation building, the teen worker fell approximately 50 feet to the floor below, suffering fractures of the wrist, skull and ribs, among other severe injuries. The teen was pronounced dead at the scene of the incident.The department’s Wage and Hour Division found Apex Roofing illegally employed the teen in violation of a Fair Labor Standards Act child labor hazardous occupation order that prohibits workers under the age of 18 from engaging in dangerous jobs designated by the ac
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