Today’s post was shared by US Labor Department and comes from www.dol.gov
On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” to raise the minimum wage to $10.10 for workers on Federal construction and service contracts. The President took this executive action because boosting wages lowers turnover and increases morale, and will lead to higher productivity overall. Raising wages will improve the quality and efficiency of services provided to the government. The Executive Order directed the Department of Labor to issue regulations to implement the new Federal contractor minimum wage.
The Department published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 17, 2014. The NPRM proposed standards and procedures for implementing and enforcing Executive Order 13658 and invited public comment on the proposed provisions. The Department received many comments from a variety of interested stakeholders, such as labor organizations; contractors and contractor associations; worker advocates, including advocates for individuals with disabilities; contracting agencies; small businesses; and workers.
After carefully considering all timely and relevant comments, the Department has published a final rule to implement the provisions of Executive Order 13658. The final rule issued by Secretary of Labor Tom Perez is an important milestone in raising the minimum wage for workers on Federal contracts.
Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.
Have you noticed a suspicious vehicle lurking in your neighborhood lately, or is there a stranger that seems to be everywhere you go? If you have an active workers’ compensation claim, then you may not be imaging things. More and more, we are seeing insurance companies willing to spend thousands of dollars to hire private investigators to conduct clandestine surveillance of an injured worker’s daily activities and documenting these activities with video cameras. This type of surveillance often comes as a shock to our clients.
When these situations arise, the question we hear most often is, “Can they do that? Is this legal?” The answer is yes. Private investigators may photograph or video people in their private residences so long as they are clearly visible to the general public and there is no expectation of privacy. They can also conduct a full background investigation and obtain information about any other claims you made for personal injuries or if you have ever been charged with a crime.
While there are honest private investigators in the field, there are also those who will cheat. One investigator deflated an injured worker’s tire and then videotaped the person “working” to fix the flat tire. Another investigator reported talking on the phone to someone who told him that an injured worker was working while also receiving workers’ compensation benefits. A follow up done by our firm proved that the person with whom the investigator claimed to have talked has a serious hearing impairment and could not use the telephone.
Injured workers need to be aware that surveillance can happen in any case. It has become part of the workers’ compensation system. By the way, if you do notice a suspicious car parked near your home, call the police.
Today’s article is a re-post from guest author Jon Rehm, from Rehm, Bennett & Moore.
Last Monday, the U.S. Supreme Court ruled 9-0 that contracted warehouse workers for Amazon did not have to be paid for time spent waiting to clear through an anti-theft security screening after their shifts. Justice Clarence Thomas ruled that time spent in an after-work security screening was not integral and indispensable to the primary activity of a warehouse worker, therefore not covered under the federal Fair Labor Standards Act. So what does that mean for you?
First of all, this should mean that any worker who has to go through a security check after work will not have to be paid by their employer for the time that process takes. However other pre- and post- workday activities should still be covered under the Fair Labor Standards Act. Donning and doffing safety equipment is still compensable because such safety equipment helps an employee work safely. Call-center workers still should be paid for time spent booting up and logging into a computer and phone because a call-center employee is unable to do their job if they are not logged into their phones and computers. Employees should also consult with a lawyer about state wage and hour law as state law may be friendlier to employees.
The Department of Labor & Industries (L&I) has cited an Everett company for multiple safety violations related to the death of a worker last July. Nineteen-year-old Bradley Hogue was killed by a rotating auger while working inside the hopper of a bark-blower truck at a Duvall home.
Pacific Topsoils has been cited for two willful and 14 serious violations, with penalties totaling $199,000. The employer has also been identified as a severe violator and will be subject to follow-up inspections to determine if the conditions still exist in the future.
“The loss of this young man’s life is a tragedy that could have been prevented if the employer had followed basic safety and health rules that protect workers from moving machinery,” said L&I Assistant Director Anne Soiza. “We hope this citation and the penalties serve as a deterrent so that nothing like this ever happens again.”
Following the July incident that killed Hogue, L&I issued a bark and mulch-blower hazard alert to warn others in the landscaping business of the danger of working in hoppers while the equipment is running.
The L&I investigation found that Pacific Topsoils’ workers were regularly assigned to clear jams in the bark-blower truck hoppers while the hoppers were operating. This exposed them to three very hazardous elements: a floor conveyor belt, two rotating-screw conveyors (angled augers) and a rotating stir rod. Exposure to any of these parts of the equipment could potentially result in entanglement, causing severe crushing injuries or death.
Working in and around this type of extremely hazardous equipment requires “lockout/tagout” safety procedures to prevent machinery from starting up or moving during service or maintenance by workers.
The employer was cited for two willful violations. The first was issued for not ensuring lockout/tagout procedures were regularly used; it carries a penalty of $56,000. The second willful violation was issued for not training the employees in the proper use of those critical procedures; it carries a $52,000 penalty.
Additionally, working in the hopper of bark-blower trucks exposed workers to “confined space” hazards. Confined spaces, like hoppers, are areas large enough to accommodate a worker, but aren’t designed for continuous employee occupancy and have limited ways to enter or exit.
When a confined space has one or more hazardous characteristics, such as moving machinery or a potential for engulfment that may harm workers, it’s considered a “permit-required” confined space. That means employers must control access to the area and use a permit system to prevent unauthorized entry. Anyone working in or around a permit-required confined space must be trained and there must be safety measures and rescue procedures in place.
Twelve of the serious violations cited were for failure to implement safe work practices when entering a permit-required confined space. Two other serious violations were cited for not having an effective accident prevention program and for failure to document lockout/tagout procedures. Each of these violations carries a $6,500 penalty.
A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule. A serious violation exists in a workplace if there is a substantial probability that worker death or serious physical harm could result from a hazardous condition.
The employer has 15 working days to appeal the citation. Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.
For a copy of the citation, please contact L&I Public Affairs at 360-902-5413.
Today’s post comes from guest author Todd Bennett, from Rehm, Bennett & Moore.
Many workers are hired in one state but are required to attend orientation or participate in a hiring process in another state because their potential employer is principally located and doing business there. Once they are hired and accept the job, they are then required to work in another state for various reasons. In these situations, many workers do not realize that a different state’s laws could apply to their workers’ compensation claim if they are injured in a state that is
different from where they were hired,
different than where they accepted the job,
different from where their employer is principally located or performing work, or
even different than where they currently live.
If you have been injured in another state, you may be eligible to have your workers’ compensation benefits determined by another state’s laws. This is important, as the benefits you could be entitled to are different in every state. In certain respects, the differences are significant in terms of the amount of weekly benefits, permanent benefits, or type and duration of medical care you may be able to receive.
The right to choose your family physician to treat you for your injury or the amount and duration of the disability benefits you may be entitled to are significantly different in every state. Let’s consider a few pairs of cities:
Omaha, Nebraska & Council Bluffs, Iowa
Sioux City, Nebraska & Sioux City, Iowa
Nebraska City, Nebrsaka & Harlan, Iowa
These cities in different in Iowa and Nebraska border each other, and a great number of residents from one are employed and work in the other. If you are injured in one state but live in another, and depending on where you were hired or where you were when you accepted the employment, you may have a Nebraska or Iowa workers’ compensation claim, or even both.
Nebraska
If your employment or your accident has any ties to the state of Nebraska, your employer is required to file a First Report of Injury with the Nebraska Workers’ Compensation Court. When this occurs, it is common for the Nebraska Workers’ Compensation Court to actually mail you a copy of your own First Report of Injury that was filed with the court by your employer. Just because a First Report of Injury was filed in Nebraska and just because the Nebraska Workers’ Compensation Court sends you a copy does not mean you are limited to Nebraska for the benefits that you may be entitled to.
Iowa
It is also normal for an insurance carrier of the employer to mail you a letter that says, “Your employment agreement, whether in writing or made in person, required your accident to fall under Iowa law,” or some other state’s law. Generally, no one has the right to decide for you which state your case can be determined in. It is a question of each state’s laws that determine where your claim can be processed.
Nebraska and Iowa
As a matter of general practice, if your accident occurred in that state, your claim and benefits can be determined based on that state’s laws. Other things like where your employer is principally located or where your employer regularly performs work can determine if you have a claim in each state. Further, your contract of hire or where you accepted the employment can also play a part, as well as where you were residing at the time of your accident in relation to where your employer was performing work, can also determine which state you may have a claim in.
These things, as well as what type of benefits each state allow, could make it possible for you to file in both states.
Time Periods to File in Each State
Each state has a certain time period in which to file a claim or action in the compensation court.
In Nebraska, you have two years from the date of accident OR two years from the date of any payment (weekly disability check, medical bill, mileage, prescription) in which to file an action in the compensation court.
In Iowa, a person has two years from the date of accident OR three years from the date of payment of a weekly disability benefit check in which to file an action in the compensation court.
Beware, however, that payment under one state’s laws may not save your claim in another state. For example, a payment under Iowa law will count toward a payment in Nebraska. However, a payment under Nebraska law will not count toward a payment under Iowa law.
Award, Order or Settlement Agreement for Benefits
It is important to note as well that an award, order or settlement can affect your right to file a claim in another state.
For example, if one obtains a Court Award, Order or Settlement in Nebraska, this would prevent you from obtaining any benefits in Iowa, if you had the option of pursuing benefits in both states.
On the other hand, if the same person obtained a Court Award, Order or Settlement in Iowa, a person could still pursue additional benefits in Nebraska that are different than what was provided in Iowa.
In both states, the insurance carrier would be entitled to a credit for what they paid in the other state, but you would still have the opportunity to pursue different and additional benefits in the other states, potentially.
Summary
The differences in law issues are often very complex. Whatever your situation is, if you think there might be any question as to which state’s laws apply to your case, you should speak to an experienced attorney who can advise you about the laws in each applicable state.
Causey Law Firm has grown and changed in the past year, our first full year in our new offices. The firm celebrated my 25th anniversary with Jay Causey. We welcomed Jane E. Dale as our newest attorney and Arlene Oglove rejoined the firm as a workers’ compensation paralegal. The list of CLF children grew with the birth of Francesca Severini’s daughter. Through all of the hard work and struggle has run a vein of pure joy.
As we set our sights for 2015, we wish you and your families a Happy New Year!
Today’s post was shared by US Labor Department and comes from blog.dol.gov
A nine-year-old girl sits on a cracked floor in the suffocating heat and humidity of a five-story garment factory. She is almost finished trimming loose threads from shirt sleeves when her 11-year-old friend comes to collect the sleeves, which will be sown into shirts. As they briefly share a laugh, the supervisor smacks their heads and screams at them to get back to work. This day is not much different from any other.
Boy harvesting scallions, Mexicali, Mexico (Stolen Childhoods)
A twelve-year-old boy walks between the long rows of vanilla orchids on a large plantation, hand-pollinating the flowers. He works in sweltering heat during school breaks, and reports to the fields each day after school, working until late at night.
Another boy kneels next to a wooden loom many times his size, reaching up to weave yarn through its threads. When he finishes, he will eat a meager meal and go to sleep next to the loom, alongside the seven other boys who also live and work there. He is only 10 years old, but he can barely remember his parents through the fog of the drugs his employers provide to keep him docile. Four years ago, his impoverished family took an advance payment from a recruiter in exchange for his labor, and he has remained bonded to this loom ever since.
Although the details of their exploitation may differ, the stark reality of the estimated 168 million child laborers and 21 million forced laborers around the world are the same: their lives are…
Our office will be closed on December 25th and 26th in observance of the Christmas holiday. A skeleton crew will be behind the scenes on December 26th to process mail to avoid any delay in delivery of payments and mail to our clients.
We wish you and your families all the best as you celebrate your holiday season.
Today’s post was shared by US Labor Department and comes from blog.dol.gov
Editor’s Note: The author, Molly Moon Neitzel, is the owner and CEO of Molly Moon’s Homemade Ice Cream, a company comprised of six ice cream shops in Seattle serving homemade, locally sourced ice cream.
Molly Moon’s Grand Opening – University Village
When I first decided to open an ice cream shop, I knew that one of my goals would be to pay all of my employees a living wage. So I wrote it into my business plan, along with a few other things that were important to me, like paying 100% of the health insurance premiums for my employees and making sure all my product and packaging was compostable. I had my share of critics; there were plenty of people who said I was crazy, and that I would never be able to make a profit.
Seven years later, my company has grown from one shop with 7 employees in 2008 to six ice cream shops, with just under 100 employees during our busiest months. What I’ve learned is that taking care of my employees and paying a living wage is absolutely the right thing to do, and it’s also good business strategy.
Having a healthy, robust group of employees has a great impact on our community, and goes beyond just writing paychecks. It helps us recruit top talent, and it makes for a more loyal workforce and lower turnover which reduces training costs. Incorporating values into business strategy can also help your marketing plans. I know that, as a customer, I choose to spend money with businesses that share my values and I think my…
The Department of Labor & Industries has fined a Battle Ground, WA plastic bottle manufacturer $86,800 for major safety violations after a worker’s hand was caught in machinery and had to be amputated.
Andersen Plastics was cited for one willful violation and six serious violations. The investigation found several problems with the company’s lockout/tagout safety program, a term that refers to the deliberate process of shutting down machinery to prevent accidental startup.
Failure to prevent machinery from accidentally starting puts workers at risk of serious injuries, such as the amputation that occurred in April when a worker was performing a routine task.
L&I cited the employer for a “willful” violation after the investigation found that workers were trained to use unsafe work practices, including bypassing safety guards and not ensuring the machinery was locked out so that it couldn’t start up accidentally.
A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule. The penalty for the one willful violation is $58,500.
Additionally, the investigation found the company did not have specific procedures or a safety program to prevent accidental startup. The employees lacked training and did not understand the purpose or procedures for locking out equipment before making adjustments, performing maintenance or clearing a jam.
The inspection also found several other serious violations related to personal protective equipment and safe forklift operation.
Andersen Plastics has filed an appeal.
Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.
For a copy of the citation, please contact Public Affairs at 360-902-5413.
