OSHA investigation results in fines, damages for York Building Products: York Building Products 'did nothing wrong' and cooperated in the investigation, the company said in a statement.

York Building Products must pay a terminated plant manager $135,000 in back wages and damages as a result of a Occupational Safety and Health Administration whistleblower investigation.

The manager worked at the company's Lower Swatara Township plant in October 2014, according to a news release from OSHA. In that time, he repeatedly reported air quality and other safety concerns to upper management, including one instance in which a plant worker complained of falling ill because of excessive dust.

“During this process, we’ve fully cooperated with the Department of Labor because we did nothing wrong," the company said in a prepared statement. "At no time did we receive any complaints from an employee, or we would have acted immediately."

The manager was fired less than two weeks after he was hired, according to the release. He filed two complaints with OSHA – one alleging safety and health hazards at the plant, and the other saying the company fired him in retaliation for reporting these issues.

OSHA ultimately found 38 violations at the plant, including air samplings that showed some plant employees had been exposed to illegal quantities of silica dust. These violations resulted in $38,880 in fines.

The whistleblower investigation found the company violated the anti-discrimination provision of the Occupational Safety and Health Act when it fired the manager who reported the concerns.

In addition to paying the back wages and damages under this whistleblower settlement, York Building Products must provide supervisors with anti-retaliation training at the plant.

York Building Products, a subsidiary of The Stewart Companies,  is one of the Mid-Atlantic region's largest masonry providers, according to the release.

“Our reputation is important to us, but we also recognize reality: We simply do not have unlimited litigation resources like the federal government," the company said. "For that reason alone, we’ve made the difficult decision to end this battle and return our attention to our employees and the high quality products we provide to our dedicated customers.”

Source: Central Penn Business Journal

Employer doesn’t respond to employee complaint and allegedly retaliates against whistleblower

Feds order Biglerville pallet-plant operator to pay $105K to woman who was fired: Employee had reported mold problems in the workplace

A woman who was working at an Adams County plant and claimed she was fired for reporting mold at her workplace has gotten help from federal officials.

A court order calls on officials from IFCO Services to pay the fired worker $105,000, the U.S. Labor Department has announced.

DOL’s Biased Post On: Lifting the Curtain on Union Organizing Campaigns

“Pay no attention to that man behind the curtain. The great Oz has spoken,” the actor Frank Morgan thundered in the famous 1939 movie. Once Toto pulled back the curtain, and we saw the white-haired man frantically pulling levers and turning cranks, we knew who was really talking.  Viewers can argue about whether the Wizard of Oz was an enterprising charmer with brains, heart and courage to spare, or a cynical con artist.  But you can’t make an informed decision if you can’t see behind the curtain.

Administrator’s Interpretation 2016-1: Joint Employment under the FLSA and MSPA

Today, the U.S. Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Under these laws, it is a longstanding principle that a worker can be jointly employed by two or more employers who are both responsible, simultaneously, for compliance. Whether an employee has more than one employer is important in determining employees’ rights and employers’ obligations under the FLSA and MSPA.

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015.

Illinois construction companies, manager face nearly $2M in fines for exposing workers to known asbestos hazards: Companies ignored danger of asbestos at Okawville renovation project

OKAWVILLE, Ill. — As they did the hard work of removing floor tiles, insulation and other materials at what was once an elementary school, employees of two Illinois companies were unaware that they were exposed to deadly asbestos fibers.

An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration has found that Joseph Kehrer, Kehrer Brothers Construction and a Kehrer-affiliated company, D7 Roofing, which employed some of the workers, violated numerous OSHA health standards related to the dangers of asbestos.

Successor May Be on Hook for Pension Withdrawal

July 27 — An employer's corporate successor may be responsible for its $661,978 in multiemployer pension fund withdrawal liability under a theory of successor liability, even though the employer withdrew from the fund after it sold its assets, the U.S. Court of Appeals for the Seventh Circuit ruled July 27.

Labor Department Issues New Guidance Targeting Worker Misclassification

The U.S. Department of Labor (DOL) released new guidance July 15 related to employers’ use of independent contractors. In the Administrator’s Interpretation and an accompanying blog post, Wage and Hour Division Administrator Dr. David Weil laments the “problematic trend” of deliberate misclassification and considers the guidance part of a “multi-pronged approach” to combat the phenomenon.

Department of Labor Seeks Comments on Proposed Overtime Rule‏

Following months of extensive consultations with employers, workers, unions, and other stakeholders, on July 6th the Department of Labor released its proposal to update and revise regulations to extend overtime pay to nearly 5 million workers. As proposed, the rule would guarantee overtime pay to most salaried white collar workers earning less than an estimated $50,440 next year.

Administrator’s Interpretation 2015-1: The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors‏

The Wage and Hour Division (WHD) of the U.S. Department of Labor has today issued Administrator’s Interpretation 2015-1: The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.

The misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers, and the entire economy.

Wage and Hour Division (WHD): Misclassification of Employees as Independent Contractors

The misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers and the entire economy.

Misclassified employees often are denied access to critical benefits and protections to which they are entitled, such as the minimum wage, overtime compensation, family and medical leave, unemployment insurance, and safe workplaces. Employee misclassification generates substantial losses to the federal government and state governments in the form of lower tax revenues, as well as to state unemployment insurance and workers’ compensation funds. It hurts taxpayers and undermines the economy.

Update on Overtime - Wage and Hour Division

Last night, President Obama’s made an important announcement on overtime. The Wage and Hour Division (WHD) of the U.S. Department of Labor has been working to update the rule that would extend overtime pay to nearly 5 million workers. The proposal would guarantee overtime pay to most salaried workers earning less than an estimated $50,440 next year.

Department of Labor releases New FMLA Forms

Forms: Final Rule to Implement Statutory Amendments to the Family and Medical Leave Act

The U.S. Department of Labor (DOL) has issued new forms for employers to use in connection with employee leave under the Family and Medical Leave Act (FMLA). The new forms, which replace the forms that expired in February, are essentially unchanged, with one notable exception. The new forms now directly reference the Genetic Information Nondiscrimination Act (GINA), which prohibits employers from requesting or requiring disclosure of genetic information of an employee or family member of an employee, except under certain circumstances.

• WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
• WH-385 Certification for Serious Injury or Illness of Current Servicemember -- for Military Family Leave (PDF)
• WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

DOL takes aim at white-collar overtime exemption

For more than 12 months now, the employer community has been on the lookout for a regulatory proposal that could fundamentally change the application of the most-used exemption from minimum wage and overtime — the Part 541/white-collar exemption. Increased salary obligations, a heightened requirement to establish an exempt employee’s primary duty, and a number of other changes have been rumored.

DOL’s current Initiatives: Employee Misclassification as Independent Contractors

The misclassification of employees as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers, and to the entire economy. Misclassified employees are often denied access to critical benefits and protections – such as family and medical leave, overtime, minimum wage and unemployment insurance – to which they are entitled. Employee misclassification also generates substantial losses to the Treasury and the Social Security and Medicare funds, as well as to state unemployment insurance and workers compensation funds

Source: United States Department of Labor

Stokesay Castle owners to take over Pottstown dance hall, invest $3M in restoration

The exterior of the SunnyBrook Ballroom and Restaurant in Pottstown. (Contributed photo)

The owners of Berks County’s Stokesay Castle are taking the experience they’ve had restoring that long-popular venue and using it to restore a nearby Montgomery County ballroom and restaurant to its glory days.