The following cases are actual updates from the US Department Of Labor and their crack down on FLSA, Wage and Hour Law, Overtime Pay, OHSA, Union and Wrongful Termination violations.
If your organization is facing any of these issues, contact us today to see how we can help you stay out of the headlines.
DOL in Action
Company Cited After Worker Killed in Crane Collapse
Lunda Construction Co. of Black River Falls, Wis., has been cited with three serious safety violations after a worker was struck by a section of the crane he was assembling and killed on April 20. The Occupational Safety and Health Administration initiated an inspection in response to the incident, which occurred at a construction site near De Pere, Wis., The violations involve failing to train workers and provide written procedures on safe crane assembly, provide a competent person to supervise the assembly and disassembly of the crane, and follow the manufacturer’s recommended procedures for assembly of the crane.
South Carolina Restaurants to Pay Nearly $486,000 in Back Wages
Pancho’s Inc., doing business as Pancho’s Mexican Restaurant I, II, III, and Papa’s and Beer Mexican Restaurants in South Carolina have agreed to pay a total of $485,913 in back wages to 85 employees following a Wage and Hour Division investigation. At the restaurants, investigators found violations of the Fair Labor Standards Act’s overtime, minimum wage and record-keeping provisions. The investigation determined tip-earning employees were made to rely primarily on tips for pay and earned wages below the FLSA required $2.13 per hour and other workers were paid a flat salary each month without satisfying minimum wage and overtime requirements for all hours worked.
Workers Exposed to Biological Hazards at Ohio Nursing Home
Atrium Centers LLC of Columbus, Ohio, which operates the Woodside Village Care Center in Mt. Gilead, Ohio, has been cited with four health violations for exposing workers to biological hazards at the nursing care facility. The Occupational Safety and Health Administration conducted an inspection under the agency’s National Emphasis Program for Nursing and Residential Care Facilities. Proposed penalties total $89,000. One repeat violation involves failing to include in the facility’s exposure control plan a list of tasks and procedures in which occupational exposure to biological hazards may occur.
Hazards Found at Work Site on Houston Freeway Bridge Overpass
Williams Brothers Construction Co. Inc. has been cited by the Occupational Safety and Health Administration with one repeat and one serious violation at a work site on Loop 610 in Houston. OSHA’s Houston North Area Office conducted an inspection Aug. 27 and found that workers were setting barrier copings at the edge of the highway bridge overpass without the protection of guardrails, a safety net or personal fall arrest system. Proposed penalties total $45,500.
Georgia Company Faulted Following Amputation of Worker’s Fingers
Marglen Industries Inc. in Rome, Ga., has been cited by the Occupational Safety and Health Administration for one willful and one serious violation after a worker had four fingers amputated while servicing a dust collector’s airlock system. The willful citation was issued for allowing employees to perform service and maintenance on the dust collector’s airlock system without developing, documenting and using specific lockout/tagout procedures for de-energizing the system. The serious violation involves failing to train workers as required by the company’s lockout/tagout program to ensure that they are able to recognize hazardous energy. Proposed penalties total $69,300.
California Union to Rerun Officer Election
Officers of the Service Employees International Union Local 2007 in Stanford, Calif., have agreed to conduct a supervised election following an Office of Labor-Management Standards investigation. An OLMS investigation determined that the local denied a member in good standing the right to run for office by using a candidacy requirement that required a member to be in continuous good standing for more than two years prior to nominations in the union’s September 2011 election. New nominations and a new election will be held for the offices of president, vice president, secretary, treasurer, Stanford executive board delegates and University of Santa Clara executive board delegate. The new election will be conducted before March 1, 2013.
Whistleblower Case With Tennessee Trucking Company Settled
A Department of Labor administrative law judge has approved an Occupational Safety and Health Administration preliminary order and settlement terms of a whistleblower case with Mark Alvis Inc., of Brush Creek, Tenn., owner Mark Alvis and dispatcher Jack Taylor. The company terminated an employee who refused to operate a vehicle because he was ill, fatigued and did not have enough hours remaining to complete a delivery. OSHA determined the trucking company violated the Surface Transportation Assistance Act. The settlement terms include reinstatement, a lump sum payment of $30,000 to the employee and assurances that no employee exercising rights protected by the law will be discharged or face any manner of discrimination.
Poultry Processor Found in Violation of Child Labor Protections
The House of Raeford Farms Inc., a poultry processor in Teachey, N.C., has been assessed $12,400 in penalties following an investigation that found minors performing hazardous duties prohibited by the Fair Labor Standards Act. Wage and Hour Division investigators found two 17-year-old youths were employed in the company’s deboning department where they were required to operate an electric knife in violation of FLSA’s Hazardous Occupation Order No. 10. Workers under the age of 18 are prohibited from operating or cleaning powered meat processing equipment, including meat slicers.
Firearms Maker Faces Penalties After Finger Amputation
Crosman Corp., a firearms manufacturer in Bloomfield, N.Y., has been cited by the Occupational Safety and Health Administration after an employee’s finger was amputated in March. The agency found 23 serious and repeat violations of workplace safety standards, and determined that the company failed to enforce proper lockout/tagout procedures to prevent worker injury during maintenance. The inspection found that Crosman did not meet OSHA’s hazardous energy control requirements, such as shutting down and securing the power sources before maintenance of machines. Crosman faces $148,000 in penalties.
Back Wages Sought for Workers at 3 Ohio Restaurants
The department has filed a complaint in U.S. District Court in Dayton, Ohio, seeking to recover back wages and damages for workers at three El Rancho Grande restaurants in the state. An investigation by the Wage and Hour Division determined that the restaurants, as well as co-owners Francisco Magana and Juan Hernandez, violated the Fair Labor Standards Act by failing to pay workers proper minimum wage and overtime compensation. Investigators have determined that approximately $285,000 in back wages is owed to 171 workers at Gran Fiesta Inc. in Cincinnati, El Rancho Inc. in Sharonville, and WRGRM LCC in Dayton. All three restaurants do business as El Rancho Grande.
Texas Landscapers to Receive $107,000 in Back Wages
Turf Specialties Inc. in Midland, Texas, has agreed to pay $106,818 in back wages to 70 current and former landscape workers following an investigation by the Wage and Hour Division that found violations of the Fair Labor Standards Act’s minimum and overtime provisions. Investigators from the division’s Lubbock Area Office found that employees were paid a fixed, biweekly salary that in many workweeks amounted to less than the federal minimum wage of $7.25 per hour.
Alabama Detention Center Wrongfully Terminated Employee
The Marengo County Detention Center in Linden, Ala., has paid $103,987 in back wages to 29 current and former employees following an investigation by the Wage and Hour Division. The investigation determined the employer unlawfully terminated an employee while on approved medical leave. The employer claimed that the employee failed to submit the required documentation but the employer never informed the employee in writing of the obligation as required by the Family and Medical Leave Act. The employer paid the employee $11,726 in lost wages. The investigation also found the employer failed to pay proper overtime compensation to 28 correctional officers and deputies.
If your organization is facing any of these issues, contact us today to see how we can help you stay out of the headlines.
