ONLINE RESOURCES PROMOTES WORK-SHARING PROGRAMS

FROM:  U.S. DEPARTMENT OF LABOR

New online resources to promote the expansion of short-time compensation,
or work-sharing, programs nationwide announced by US Labor Department
WASHINGTON — The U.S. Department of Labor today announced a new online resource that provides guidance and information to states interested in developing or improving short-time compensation programs, also known as work-sharing. The STC program is designed to avert employee layoffs for businesses faced with a temporary slowdown in business activity. The online resources, which will be available to state workforce agencies, state policymakers and the general public, are located at: https://stc.workforce3one.org.

"I encourage every state to consider establishing or expanding a work-sharing program so that business owners have an additional tool they can use to weather hard economic times while still keeping their existing skilled employees," said Eric M. Seleznow, acting assistant secretary of labor for employment and training. "The information the Labor Department has made available online will make it easier for states to develop a program that fits the specific needs of their local workers and employers."

The STC program is an alternative to layoffs for employers faced with a reduction in available work. Employers can reduce work hours for a group of workers rather than laying off one or more workers. Employees affected by a reduction of hours can collect a percentage of their unemployment benefits to replace a portion of their lost wages. This is a win-win situation both for employers and employees. Employees' jobs — and benefits — are preserved while participating in an STC program, and employers get to maintain their skilled and trained workforce without having to rehire and retrain new workers when business activity increases.
The new website provides helpful tools that can be used to expand STC education and outreach to states and the public. The website includes guidance and model legislation for states interested in developing an STC program. The site also offers a compendium of state practices, outreach efforts, operational tools and vignettes from STC participants (employers and employees) who have benefitted from the program.

The department encourages states to take advantage of federal financial incentives for states with active STC programs, available for only a limited time. The Middle Class Tax Relief and Job Creation Act of 2012 provided for 100 percent reimbursement of STC benefits for states with conforming STC programs through Aug. 22, 2015. States with conforming STC programs are also eligible for grants to support the implementation or improved administration of the STC program and to promote and enroll employers in the program. Applications for grants must be received by Dec. 31, 2014. Technical assistance is available from the department to help states develop their grant applications.

CAR IMPORTER PAYS OVER $3.5 MILLION TO SETTLE CLEAN AIR ACT VIOLATIONS

FROM:  U.S. JUSTICE DEPARTMENT HEALTH, EMISSION STANDARDS
Thursday, August 29, 2013
Two California Firms and Owner Agree to Settle Clean Air Act Violations Stemming from Illegal Import of Vehicles

Two Los Angeles-based consulting firms, MotorScience Inc., and MotorScience Enterprise Inc., (MotorScience) and their owner, Chi Zheng, have agreed to settle alleged Clean Air Act (CAA) violations stemming from the illegal import of 24,478 all-terrain, recreational vehicles into the U.S. from China without testing to ensure emissions would meet applicable limits on harmful air pollution, announced the Department of Justice, the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB).

MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months.  The United States will receive 80 percent of collected penalties, and California will receive the remaining 20 percent.

“Vehicles and engines that are manufactured overseas and sold in the U.S. must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”

“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.  “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”

“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden.  “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”

Today’s settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines.  Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.

EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing.  As alleged in separate complaints filed in federal district court by the United States and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles.  For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.

MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the U.S.  In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were U.S.-based importers for Chinese recreational vehicle manufacturers.  The complaints filed by the U.S. and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.

The CAA prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards.  The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations.  Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.

The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards.  This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.

DOL SAYS FUNDS AVAILABLE TO REDUCE IMPROPER PAYMENTS OF UNEMPLOYMENT INSURANCE BENEFITS

FROM:  U.S. DEPARTMENT OF LABOR 
US Department of Labor announces availability of funds to improve performance and reduce improper payments in the Unemployment Insurance program

WASHINGTON — The U.S. Department of Labor today announced the availability of funds for states to improve program integrity, performance, and technology infrastructure systems for the Unemployment Insurance program. The grants are intended to accelerate actions to reduce UI improper payment rates; provide an opportunity for modernizing UI tax and benefits systems, and enable the design of technology-based tools to prevent, detect and recover improper UI payments.

"The unemployment insurance program is a lifeline to people who have lost a job through no fault of their own," said Eric Seleznow, acting assistant secretary of labor for employment and training. "We have a responsibility to ensure this program is run efficiently and effectively so that this critical safety net continues to be available in the future."

In Fiscal Year 2011, ETA provided $192 million in supplemental grant awards to 42 states for integrity activities. In FY 2012, a total of $169 million in supplemental grant awards was provided to 33 states for the prevention, detection, and recovery of improper UI benefit payments. The FY 2013 funding provides an opportunity for states to go beyond improper payments to focus on additional UI technology system improvements, data exchange enhancements for UI for Ex-military Service members, and integration of state UI, Employment Service, and Workforce Investment Act IT systems.

In order to qualify for FY2013 funding, states must implement or commit to implement a set of core integrity strategies. The core strategies include a business process analysis for state workforce agencies with improper payment rates above 10 percent and for agencies identified for poor performance concerning first payment and appeals timeliness; the implementation or expansion of the State Information Data Exchange System; the implementation of a state-specific prevention strategy for reducing improper payments; and a commitment to maintaining a state integrity cross-functional task force.

In addition, states committing to implement all of the core activities, or have already implemented the core activities, will be eligible to apply for technology infrastructure project funding. These funds will be used to modify and/or develop one of the core UI benefits or tax and benefit system designs; design additional core UI tax and/or benefit systems using open source components that are exportable to other states; and implement technology-based tools designed to prevent, detect or collect/recover improper UI payments.

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING JULY 13, 2013

FROM:  U.S. DEPARTMENT OF LABOR

          SEASONALLY ADJUSTED DATA

In the week ending July 13, the advance figure for seasonally adjusted initial claims was 334,000, a decrease of 24,000 from the previous week's revised figure of 358,000. The 4-week moving average was 346,000, a decrease of 5,250 from the previous week's revised average of 351,250.

The advance seasonally adjusted insured unemployment rate was 2.4 percent for the week ending July 6, an increase of 0.1 percentage point from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending July 6 was 3,114,000, an increase of 91,000 from the preceding week's revised level of 3,023,000. The 4-week moving average was 3,019,250, an increase of 37,000 from the preceding week's revised average of 2,982,250.

UNADJUSTED DATA

The advance number of actual initial claims under state programs, unadjusted, totaled 408,710 in the week ending July 13, an increase of 25,350 from the previous week. There were 455,260 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 2.4 percent during the week ending July 6, an increase of 0.2 percentage point from the prior week's revised rate. The advance unadjusted number for persons claiming UI benefits in state programs totaled 3,144,838, an increase of 333,812 from the preceding week's revised level of 2,811,026. A year earlier, the rate was 2.6 percent and the volume was 3,360,067.

The total number of people claiming benefits in all programs for the week ending June 29 was 4,519,501, a decrease of 1,903 from the previous week. There were 5,753,820 persons claiming benefits in all programs in the comparable week in 2012.

Extended Benefits were not available in any state during the week ending June 29.
Initial claims for UI benefits filed by former Federal civilian employees totaled 1,723 in the week ending July 6, a decrease of 622 from the prior week. There were 2,043 initial claims filed by newly discharged veterans, a decrease of 274 from the preceding week.

There were 17,813 former Federal civilian employees claiming UI benefits for the week ending June 29, an increase of 930 from the previous week. Newly discharged veterans claiming benefits totaled 33,132, a decrease of 594 from the prior week.

States reported 1,636,731 persons claiming Emergency Unemployment Compensation (EUC) benefits for the week ending June 29, a decrease of 24,152 from the prior week. There were 2,524,363 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending July 6 were in Puerto Rico (4.7), Alaska (3.7), California (3.2), Connecticut (3.2), New Jersey (3.2), New Mexico (3.2), Pennsylvania (3.2), Nevada (2.8), New York (2.7), and Oregon (2.7).

The largest decreases in initial claims for the week ending July 6 were in New Jersey (-4,370), California (-4,265), Texas (-3,133), North Carolina (-2,236), and Washington (-1,253), while the largest increases were in Michigan (+17,700), New York (+15,163), Pennsylvania (+4,831), Kentucky (+4,386), and Ohio (+3,771).

DEPARTMENT OF LABOR SETTLES WITH U.S.P.S. REGARDING OSHA VIOLATIONS

FROM: U.S. DEPARTMENT OF LABOR

US Department of Labor and US Postal Service agree to terms on improving worker safety at postal facilities

WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration, the U.S. Postal Service and the American Postal Workers Union have agreed to terms of a settlement that will improve safety in postal facilities across the country. The settlement follows negotiations stemming from inspections at 42 Postal Service sites in 2009 and 2010 that found violations of OSHA standards on electrical work practices. USPS contested the citations, and OSHA then sought enterprise-wide relief before the Occupational Safety and Health Review Commission.

"As a large employer, with a substantial number of affected employees throughout many different types of facilities, the U.S. Postal Service faced many challenges in improving their electrical safe-work program," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "In entering this agreement, OSHA recognizes the Postal Service's commitment and dedication to worker safety."

As part of the settlement, which covers all Postal Service facilities nationwide, including processing and distribution centers and post offices, USPS has revised its written policies and procedures on electrical work, prohibiting workers from working on electrically energized equipment except for a defined set of tasks that can only be performed while equipment is energized, such as troubleshooting and testing. To ensure compliance with these electrical safety policies, USPS will assign a trained electrical work plan coordinator at each facility. In addition, USPS will provide and require the use of electrically protective gloves and full body arc flash protection for energized work, including voltage testing.

"Employee safety has always been a top priority for the Postal Service," said Jeffrey Williamson, USPS chief human resources officer and executive vice president. "We are happy to have resolved this issue amicably and in the best interests of the safety of our employees."

USPS has also agreed to audit the implementation of the electrical safe-work program at all maintenance-capable facilities, and report the results in detail to OSHA quarterly during the two-year term of the agreement. In addition, OSHA will meet with the Postal Service on a regular basis to discuss the results of OSHA monitoring inspections and USPS audits, as well as any concerns or problems encountered. Also, USPS will retrain all employees performing electrical work to comply with OSHA requirements for electrical work. Supervisors and affected employees also will receive additional training on electrical safe-work practices.

Cliff Guffey, president of the American Postal Workers Union, AFL-CIO, said, "The APWU is pleased to be a part of this landmark commitment to worker safety, which will ensure the protection of postal workers from electrical hazards."

Under the settlement, the Postal Service has agreed to pay $100,000 at signing and a suspended payment of $3 million pending full abatement of the hazards. OSHA will monitor the Postal Service's progress toward abatement and evaluate that progress against negotiated milestones.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

JUSTICE SUES ANNUITY AND BENEFIT FUND TO ENFORCE EMPLOYMENT RIGHTS OF ARMY RESERVE MEMBER

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, April 17, 2013

Justice Department Files Lawsuit in Illinois Against County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County to Enforce the Employment Rights of Army Reserve Member

The Justice Department announced today the filing of a complaint alleging that the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County and Cook County willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to allow U.S. Army Reserve Member Latoya Hayward to lawfully contribute to her pension for the time she was serving in the armed forces.

According to the complaint, filed in the U.S. District Court for the Northern District of Illinois, in 2008 Hayward began working for John H. Stroger Jr. Hospital, which is owned and operated by Cook County. During her employment with Stroger Hospital, Hayward was mobilized for a two year tour of duty with the Army Reserves starting on July 27, 2009. During Hayward’s period of active service, she served as a nurse case manager at Walter Reed Hospital as part of the Warrior Transition Brigade. As alleged in the complaint, upon Hayward’s return from duty, the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County notified her not only that she was ineligible to make payments into her pension for the 90-day grace period following her active military service, but also that her employee contributions for the two-year period of her active military service would be subject to a 3 percent interest fee. Among the protections provided by USERRA are pension-related provisions that treat a servicemember who is called to active duty as if she has had no break in service for purpose of the administration of pension benefits. According to Hayward’s complaint, both of the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County’s requirements for her participation in her employer’s pension plan violated USERRA’s pension protection provisions.

"Congress enacted USERRA to protect our men and women in uniform from experiencing this kind of injustice," said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. "The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members."

"Members of the Army Reserves sacrifice time away from their jobs to serve their country," said Gary S. Shapiro, U.S. Attorney for the Northern District of Illinois. "USERRA ensures that they are not discriminated against after they have returned and that their employment rights are protected."

The case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service. This case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life.