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Le Vendredi 24 octobre 2014 5h55, United States Department of Labor
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United States Department of Labor
DOL News Brief
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October 23, 2014
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By The Numbers By The Numbers: 40 years ago, ERISA created IRAs. Approximately
$6.6 trillion is now held in these accounts.
Work In Progress: The Best of Our Blog
Each week, this space will bring you the best from our (Work in Progress) blog.
• Domestic Violence Doesn't Always Stay at Home: According to the Centers for
Disease Control, more than one in three women in the United States has
experienced some form of violence at the hands of an intimate partner in her lifetime.
Sometimes domestic violence can follow women to the workplace, writes Latifa Lyles,
director of the Women's Bureau.
• Working Together for a Future of Safe Jobs: Working together with the mining industry
and using all of the department's resources, we will be able to envision a future of good,
safe jobs, writes Joseph Main, assistant secretary of labor for mine safety and health.
• The Fissured Workplace: In recent years, the employment relationship between workers
and businesses receiving the benefit of their labor has fissured as companies have
contracted out or otherwise shed activities to be performed by other businesses,
writes Dr. David Weil, administrator of the Wage and Hour Division.
Mining Industry Roundtable
Secretary Perez and MSHA Assistant Secretary Joseph Main, right, engaged mine industry
business leaders in a discussion about jobs, skills, training needs and preparing for the future.
Click for a larger photo.
In the first meeting of its kind, Secretary Perez welcomed members of the metal and nonmetal
mining industry to department headquarters on Oct. 20. The businesses represented
at the roundtable included quarries, sand and gravel pits, stone mines, mills, and lime and
cement producers. Joining Perez and Assistant Secretary of Labor for Mine Safety and
Health Joseph A. Main were approximately 30 business leaders who discussed mine safety,
current and future jobs, skills and training needs, and the opportunities and challenges facing
the mining industry. Representatives of the Veterans' Employment and Training Service and
Employment and Training Administration also were on hand to explain how their respective
programs can help in recruiting workers and providing skills training opportunities.
Championing Disability Inclusion
NDEAM 2014 poster: Expect. Employ. Empower.
The National Disability Employment Awareness Month spirit continues.
Assistant Secretary of Labor for Disability Employment Policy Kathy Martinez was in
Miami on Oct. 17 for the "Esteemed Employee Awards," where she delivered the keynote address.
The awards are bestowed annually in October during NDEAM. Sponsored by Spinal Cord Living-Assistance
Development, Inc., the awards honored 10 outstanding individuals with disabilities in the workforce. On Oct. 20,
Martinez paid a visit to the Washington, D.C., headquarters of the Federal Deposit Insurance Corp.
and on Oct. 21 to the U.S. Mint. During both visits, Martinez addressed federal employees on disability
employment best practices and resources for federal managers. "When people with disabilities are
integrated into the federal workforce, people really see in action what America means when it talks
about equality," said Martinez at the FDIC. "They see America's ideals in action."
• Learn About NDEAM
• Learn About Disability Inclusion
Hoorah! Veterans Job Fair
Deputy Assistant Secretary for Veterans' Employment and Training Teresa
Gerton speaks on a national leaders' panel at the Washington State Service Member for Life
Transition Summit at Joint Base Lewis-McChord in Washington, Oct. 21, 2014. Click for a larger photo.
With estimated attendance of more than 4,500 service members, veterans and their families, the
Washington State Service Member for Life Transition Summit at Joint Base Lewis-McChord is
the largest hiring event to date. Organized by the U.S. Chamber of Commerce Foundation's Hiring our
Heroes program, the three-day conference connected veterans, transitioning service members,
and military spouses with government, military and business leaders. Deputy Assistant Secretary for
Veterans' Employment and Training Teresa Gerton spoke on an Oct. 21 panel of senior government
officials, responding to questions about free employment services for veterans and strategies for
connecting with employers. Elected officials, including Washington State Gov. Jay Inslee, Sen.
Patty Murray and Rep. Denny Heck, also addressed the attendees.
• Find Veterans Job Fairs
Dialogue With Retailers
Wage and Hour Division Administrator David Weil addresses the National Retail Federation's 2014
Human Resources Summit in Chicago on Oct. 16. Click for a larger photo.
Wage and Hour Division Administrator Dr. David Weil is committed to an ongoing dialogue with
employers in an effort to encourage compliance with federal labor laws. As part of that
commitment, Weil attended the National Retail Federation's 2014 Human Resources
Summit in Chicago on Oct. 16, where he discussed agency enforcement efforts, policy
priorities and how retailers can bring about compliance beyond their own stores. "Your i
ndustry is uniquely positioned to affect the compliance behaviors of all those who work f
or you in the front rooms and back rooms of your enterprises, as well as the companies
that you rely on in your supply chains," he told the audience of approximately 100 corporate
and labor counsels and senior human resources executives.
• Learn About Rules for Retail Workers
• Learn About Rules for Employers
Combating Misclassification
Wage and Hour Division Administrator David Weil addresses the International Union of Bricklayers
and Allied Craftworkers' 2014 leadership conference in Washington, D.C., Oct. 21, 2014. Click for a larger photo.
The Wage and Hour Division is tasked with enforcing the prevailing wage rates on federally funded
construction projects and tackling the related problem of worker misclassification, which can cheat
workers out of income to which they are legally entitled. To combat misclassification, the division
enlists the support of stakeholders, such as the International Union of Bricklayers and Allied
Craftworkers. On Oct. 21, Administrator David Weil addressed the union's 2014 leadership
conference in Washington, D.C. "We need to hear from you when you know of situations where
employees are being misclassified or spot violations as soon as possible," Weil said. "And we need
to hear from you, as with all stakeholders, on wage determinations so that prevailing wage rates
accurately reflect conditions on the ground."
• How to File a Complaint
• Learn About the Davis-Bacon and Related Acts
'Can't Be Afraid to Fail'
Secretary of Labor Thomas Perez receives the Harvard Club's Public Service Award from Harvard
Club President Yi-fun Hsueh. Click for a larger photo.
Secretary Perez, a 1987 graduate of Harvard Law School and the Kennedy School of Government,
was honored by the Harvard Club this week with their award for distinguished public service. Perez
told the crowd of the irony that, while he was receiving the award because of his professional successes
, it was his professional failures that have most shaped his outlook on life and service.
"You can't be afraid to fail," said Perez. "The only failure in life is the failure to try."
Grant for Storm Clean-Up
The department announced a $626,159 National Emergency Grant incremental award on Oct.
20 to continue providing temporary employment for eligible individuals assisting with the clean-up
and recovery efforts following the flooding and mudslides that occurred in Snohomish County, Wash.,
on March 22. The funds are being awarded to the Washington State Employment Security Department
and brings the total amount awarded to date to $1,582,141. "The small, rural community of Oso continues
to suffer the effects of the massive mudslides and flooding that caused such terrible loss of
life and devastation," said Assistant Secretary of Labor for Employment and Training Portia Wu.
• Read the News Release
Longshore Claims Processing
Todd Bruininks, district director for Seattle, San Francisco and Honolulu, Office of Workers'
Compensation Programs kicks off the conference on worker's compensation issues under
the Longshore Act. Click for a larger photo.
Nearly 100 representatives of the maritime and defense contracting industries attended a one-day
conference at the department's regional office in San Francisco on Oct. 20 to discuss workers'
compensation issues under the Longshore and Harbor Workers' Compensation Act. The annual
event, a partnership between the Office of Workers' Compensation Programs and Loyola
University's New Orleans College of Law, draws labor representatives, claims professionals,
attorneys, judges and others to discuss ways to expedite and improve claims processes in
the longshore community. According to Todd Bruininks, OWCP district director, "We look for ways to
help deserving injured workers get expedited benefits delivery without disadvantaging the industry."
Focus on Residential Care
Prior to a meeting between the Wage and Hour Division and the State of California aimed at looking for
strategies for compliance in the residential care sector, (left to right) Juan Coria, WHD's deputy regional
administrator and Susana Blanco, district director for the division in San Francisco, listen to Pamela
Dickfoss, deputy director of California Department of Social Services Community Care Licensing Division.
Click for a larger photo.
Wage and Hour Division officials met with California's Department of Social Services in Sacramento on
Oct. 15 to discuss strategies to tackle labor issues found in the residential care industry.
"We must continue to work with the state and with various stakeholders here in California to
jointly address the rampant, systemic rates of non-compliance with federal labor laws that we
still see in the industry," said Susana Blanco, the division's district director in San Francisco.
The division has conducted more than 100 investigations of residential care facilities across
five counties in the San Francisco Bay area during fiscal year 2014. These enforcement actions resulted in
approximately $4 million in back wages and liquidated damages due to 400 vulnerable, low-wage employees.
Pay, Paid Leave Discussion
Women from across the Merrimack Valley in Massachusetts participated in an Oct. 17 roundtable
where participants addressed the importance of pay transparency, paid leave to care for children
and aging parents, and assistance for immigrants who speak English as a second language.
The roundtable was hosted by Rep. Niki Tsongas at Nevins Memorial Library in Methuen. Women's
Bureau Regional Administrator Jacqueline Cooke discussed the work of the bureau, women's pay and
the minimum wage.
• Learn About Paid Leave
• Learn About the Women's Bureau
Misclassification Pact Signed
The misclassification of employees as something other than employees — such as independent contractors
— denies workers access to critical benefits and protections and generates losses to Treasury, Social Security
and Medicare funds, as well as state unemployment insurance and workers compensation funds.
To help combat the problem, Wage and Hour Division Administrator Dr. David Weil renewed a memorandum
of understanding with Joseph Costigan, director of the Illinois Department of Labor, in Chicago on Oct. 17.
The renewal of the MOU represents a continued effort on the part of the two agencies to protect workers and
level the playing field for responsible employers by reducing the practice of misclassification. "We value our
partnership with the U.S. Department of Labor," said Director Costigan. "We appreciate working together on
cases, and I am excited to renew this agreement."
• Read About Employee Misclassification
• Learn About the Wage and Hour Division
Windy City Outreach
In Chicago on Oct. 17, 2014 (left to right) Dieera Fitzgerald, deputy regional administrator for the Midwest,
Wage and Hour Division; David Weil, administrator, Wage and Hour Division and Kim Bobo, executive
director, Interfaith Worker Justice discuss how stakeholders can partner with the Wage and Hour Division.
Click for a larger photo.
The Wage and Hour Division is committed to robust outreach to educate employers about their responsibilities
under federal labor laws, and to inform workers about their rights. In Chicago on Oct. 17, Wage and Hour Division
Administrator David Weil met with faith groups and advocates to discuss the changing workplace, worker
retaliation and how stakeholders can partner with the agency. "The Wage and Hour Division is about
ensuring the basic social contract fundamental to the workplace, which is a fair day's pay for a fair day's
work," Weil said. "If you have wage and hour violations, such as requiring off-the-clock hours, this sends
a message about the workplace relationship. We need to confront this together along with our state
counterparts and local advocates."
• View Worker Resources
Assistance in Agriculture
The Wage and Hour Division's Tampa District Office hosted free compliance assistance seminars for
agricultural employers and farm labor contractors in Arcadia and Sebring, Fla., on Oct. 15 and 16. The
seminar topics included housing and transportation arrangements, employee work hours and wage rates
and record-keeping requirements, as well as ways to improve vehicle safety when transporting agricultural
workers. These seminars are part of the division's multiyear enforcement initiative aimed at promoting
compliance with the Migrant and Seasonal Agricultural Worker Protection Act and the H-2A temporary
worker program. Approximately 50 people attended the English- and Spanish-language seminars.
• Read the News Release
Coal Dust Sampling Results
The majority of respirable coal dust samples are in compliance, according to the Mine Safety and Health
Administration. Two months after a new rule went into effect, MSHA found that 99 percent of the more
than 7,400 valid dust samples taken had met the requirements of the regulation. "These samples were
all generated under the new, more rigid standard that requires them to be taken when mines are operating
at 80 percent production or more," said Assistant Secretary of Labor for Mine Safety and Health Joseph A.
Main. "And the results clearly show that mine operators are able to comply with the rule. That's good
news for the health of all coal miners and our efforts to end black lung disease."
• Read the News Release
Weekly UI Claims
The department reported that the advance figure for seasonally adjusted initial Unemployment Insurance
claims was 283,000 for the week ending Oct. 18, an increase of 17,000 from the previous week's revised
level. The four-week moving average was 281,000, down 3,000 from the previous week's revised average.
• Read the News Release
Upcoming Deadlines & Events
Open Funding Opportunities
OASAM — Vendor Outreach Session
• October 22 — Washington, DC
OFCCP — What to expect during an OFCCP Audit
• November 6 — Houston, TX
OFCCP — Employment 411: Conference for Business and Community Based Organizations
• October 24 — Columbus, OH
OFCCP — Federal Advisory Council on Occupational Safety and Health Meeting
• November 6 — Washington, DC
OSHA — Stakeholder Meeting on Improving OSHA's Nationally Recognized Testing Laboratory Program
• October 22 — Washington, DC
OWCP — Town Hall Meeting to assist nuclear weapons workers
• October 21 — Paducah, KY
• October 22 — Paducah, KY
• October 22 — Paducah, KY
OWCP — Traveling Resource Center to assist nuclear weapons workers
• November 3 — Los Alamos, NM
• November 10 — Los Alamos, NM
• November 13 — Los Alamos, NM
• November 17 — Los Alamos, NM
• November 20 — Los Alamos, NM
• November 24 — Los Alamos, NM
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