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McMillion & Hirtensteiner, LLP - Labor News

McMillion & Hirtensteiner, LLP's Labor News charts the latest developments in labor and legal issues with regular updates published as they are released to the media.

Monday, January 5, 2009

 

Higher and higher: OFCCP wins record annual number of financial remedies for more American workers than ever before

Higher and higher: OFCCP wins record annual number of financial remedies for more American workers than ever before

24,508 workers receive $67.5 million for discrimination, a 133 percent increase since 2001

WASHINGTON, Jan. 5 /PRNewswire-USNewswire/ -- In fiscal year (FY) 2008, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) won a record $67,510,982 in back pay, salary and benefits for an unprecedented 24,508 American workers who had been subjected to unlawful employment discrimination.

Ninety-nine percent of dollars were collected in cases of systemic discrimination --- those involving a significant number of workers or applicants subjected to discrimination because of an unlawful employment practice or policy. The more than $67.5 million reflects a 133 percent increase over financial remedies obtained in FY 2001.

The last eight years of OFCCP enforcement data show a 14 percent increase in the total number of compliance reviews completed versus a similar period in the prior administration. More importantly, OFCCP's more strategic approach resulted in a 92 percent increase in the number of job applicants and employees (113,630) who financially benefited from OFCCP investigations and over $50 million in additional back pay salary and benefits versus the prior administration.

"We are proud of these results which demonstrate our commitment to enforcing the law," said Charles James, deputy assistant secretary for the Office of Federal Contract Compliance Programs. "This is our fourth consecutive record-breaking year in the categories of workers helped and amounts recovered. Of all the changes of these eight years, the focus on systemic discrimination is by far the most significant for the mission of the agency."

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. These laws prohibit federal contractors and subcontractors from discriminating in employment based on race, gender, color, religion, national origin, disability or covered veteran status.

Effective Initiatives

OFCCP's initiatives of the last several years have made it a more effective and efficient civil rights enforcement agency. Compared with years past, OFCCP now more quickly and accurately screens contractor establishments for indicators of potential discrimination with its Active Case Management (ACM) system. Under ACM, which was fully implemented in each of OFCCP's regions in FY 2005, the agency opens more reviews than it did in the past, and the agency uses automated statistical tools to rank and prioritize establishments for further review based on the probability that discrimination would be uncovered during a full-scale review.

OFCCP is using ACM to identify and resolve cases of systemic discrimination with greater frequency. OFCCP is monitoring a larger portion of the federal contractor universe than it has in the past, and it is prioritizing its resources to address the worst offenders.

Since its inception, OFCCP has generally relied on contractor voluntary self-identification to determine companies over which OFCCP has jurisdiction. In FY 2005, OFCCP implemented the Contracts First project to produce a contractor selection list that is based on evidence of actual contracts. This initiative inserts information about contract awards into the database used for selection and scheduling of reviews at facilities. Additionally, the selection system is enhanced by access to an OFCCP database of facilities where no compliance reviews have been conducted in recent years.

Compliance Assistance Works

OFCCP also has continued to build upon its comprehensive compliance assistance program, conducting about one thousand compliance assistance events in each of the last five years. Compliance assistance outreach helps employers prevent unlawful discrimination in their workplaces by providing them with the information necessary to effectively monitor their workplaces for equal employment opportunity.

A fact sheet with additional information about OFCCP's enforcement results is available on its Web site at www.dol.gov/esa/ofccp.


Source: U.S. Department of Labor

CONTACT: Loren Smith or Dolline Hatchett, both of the U.S. Department of
Labor, +1-202-693-4676

Web Site: http://www.dol.gov/


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Profile: labor-news


 

National Safety Council Adds Two New 'OSHA Walkthrough' Training Programs

National Safety Council Adds Two New 'OSHA Walkthrough' Training Programs

ITASCA, Ill., Jan. 5 /PRNewswire-USNewswire/ -- The National Safety Council (NSC) is introducing two new versions of the OSHA Walkthrough for Industry training program. Like the original program, these versions are great for educating new employees or refreshing the expertise of seasoned staff.

The NSC's original OSHA Walkthrough for Industry covers 22 regulatory topics using content from the U.S Occupational Safety & Health Administration's 10-hour training program. The NSC program features an animated character to present lessons and quizzes in an interactive, entertaining manner that enhances retention. New versions include:

-- An intranet program with all the original content, designed for use on
a company's internal website. Companies can make training available
round the clock to anyone with access to the site. This version is
ideal for minimizing costs and avoiding scheduling difficulties.
-- A CD series that devotes one CD each to the top seven topics in demand
from the original OSHA Walkthrough for Industry. This version is ideal
for companies or departments needing safety training on specific
subjects. Topics include Hazard Communication, Preparing for OSHA
Inspection, Lockout/Tagout, Recordkeeping, Electrical, Means of Egress
and Walking/Working Surfaces.


All of the OSHA Walkthrough versions complement NSC's 15 OSHA Compliance courses and can enhance self-study or classroom training. For pricing and ordering information, visit http://www.oshawalkthrough.com/nsc/, contact Customer Service at customerservice@nsc.org or call 1-800-621-7619 or your local NSC Chapter.

The National Safety Council (http://www.nsc.org/) saves lives by preventing injuries and deaths at work, in homes, communities and on the road, through leadership, research, education and advocacy.


Source: National Safety Council

CONTACT: Meredith Morris of NSC, +1-630-775-2307

Web site: http://www.nsc.org/
http://www.oshawalkthrough.com/


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Profile: labor-news


 

Obama Stimulus Bill May Include Loopholes For Venture Capitalists

Obama Stimulus Bill May Include Loopholes For Venture Capitalists

PETALUMA, Calif., Jan. 5 /PRNewswire-USNewswire/ -- Congress will begin work this week on President-elect Barack Obama's new economic stimulus plan. The American Small Business League (ASBL) is predicting President-elect Obama's stimulus plan may contain provisions that will allow wealthy venture capitalists to receive billions of dollars in federal contracts earmarked for small businesses.

Under the guise of "increasing access to capital for small businesses," the Obama stimulus plan may change the long-standing federal definition of a small business as being "independently owned," to include firms that are controlled by some of the nation's wealthiest investors.

Most economists agree the best way to create jobs and stimulate the nation's failing economy is to direct federal infrastructure funds to the 26 million small businesses that create over 85 percent of new jobs and employ over 55 percent of all Americans.

The new Obama loophole in federal contracting law would do just the opposite by forcing legitimate small businesses to compete head-to-head with firms controlled by wealthy investors and even some of the largest venture capital firms in the United States.

Thousands of legitimate small businesses would be negatively impacted. Billions of dollars in federal small business contracts would be diverted from middle class firms and into the hands of a very small number of firms controlled by wealthy venture capitalists.

The Obama plan may even include a provision that would exempt the venture capital owned firms from capital gains tax.

Similar proposals in the past were pushed by the National Venture Capital Association (NVCA) and opposed by the Small Business Administration, the ASBL, the U.S. Chamber of Commerce, the Bush White House and virtually every major small business group in the country.

The NVCA and its members donated heavily to the Obama campaign and have donated millions more to dozens of key democratic members in Congress such as House Speaker Nancy Pelosi, Senator John Kerry, Senator Joseph Lieberman and Congresswoman Nydia Velazquez. The majority of the members of the House Small Business Committee and nearly all of the members of the Senate Committee on Small Business and Entrepreneurship received significant contributions from the NVCA and its members.

In the past, the NVCA has used the term "increasing access to capital for small businesses," to disguise legislation and policy changes that would allow wealthy investors to receive billions of dollars in federal contracts earmarked for legitimate small businesses.

www.asbl.com


Source: American Small Business League

CONTACT: Christopher Gunn, Director of Communications, American Small
Business League, +1-707-789-9575, or +1-707-789-9580 , cgunn@asbl.com

Web Site: http://www.asbl.com/


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Profile: labor-news


 

Unite Steps Up Aid Call for UK's Beleaguered Car Industry Amid Fears for 70,000 Jobs

Unite Steps Up Aid Call for UK's Beleaguered Car Industry Amid Fears for 70,000 Jobs

LONDON, January 5/PRNewswire/ -- Unite, the UK's biggest union, today (Monday, 5th January) reiterated its
calls to the Government to waste no more time in putting together a package
to save Britain's car industry. The union is urging the Government to move
quickly to ensure that at least 70,000 car workers and their families are not
made to pay the price for City greed and recklessness.

The call comes as the UK car industry continues an extended shutdown that
will see plants closed across the UK, and amid mounting fears that the car
and components sector, including iconic national car brands, will be
devastated unless the UK Government follows the approach of the US and other
administrations and establishes a programme of strategic financial
assistance.

Writing in local Midlands and Merseyside papers, joint general secretary
of Unite, Tony Woodley says: "2009 is going to be a difficult year. We start
it heading into what may prove to be the deepest recession any of us have
seen.

"That means anxiety for millions of working people - not least those
employed in or dependent on the motor industry and its long supply chain,
very many of them working at Vauxhall, Land Rover and Jaguar plants on
Merseyside and in Birmingham.

"Car workers and their families should not have to pay the price for the
economic storm.

"This was a crisis made in the City - not on Merseyside or in the
Midlands. The blame lies with the greedy bankers and certainly not with the
skilled, hard-working employees of Jaguar, Land Rover and Vauxhall.

"The case for helping the British car industry is straight-forward. It is
by-and-large profitable with strong product and faces no problems of the
scale it does in the USA.

"Our industry is on the ropes because of market collapse, particularly
for the sort of high-value vehicles produced by Jaguar and Land Rover.

"That demand will recover when the world economy starts to move forward
once more. And when it does, Britain needs to have its iconic brands in place
to respond.

"That means keeping factories open and our skilled workforce in
employment. Anything else means that the demand will be met from other
countries and at least 70,000 manufacturing jobs will be gone for good.

"So there is a strong business case as well as an overwhelming social
justice case for government help for the motor industry. That has been
recognised in many other countries, including Germany, France and the USA
itself.

"Ministers have rightly argued that the owners of Jaguar Land Rover - the
Indian company Tata - should play its part and put serious money into the
company. I am delighted that it is doing so.

"So now is the moment for Gordon Brown to be bold and give our car
industry the sort of backing already offered to the financial services and
construction sectors - backing it would never get from do-nothing free-market
Tories.

"One lesson of this crisis is that Britain needs a strong manufacturing
sector. Over-reliance on finance has got us into this mess - let's give the
car industry the chance to help us get out of it."

Full text of the article is available on the Unite website,
http://www.unitetheunion.org

Source: Unite the Union

For further information call Pauline Doyle, Head of media and campaigns, on
+44(0)7976-832-861.


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Profile: labor-news


Friday, January 2, 2009

 

Unemployment Compensation Service Phone Lines Open Later, Now Include Sundays

Unemployment Compensation Service Phone Lines Open Later, Now Include Sundays

HARRISBURG, Pa., Jan. 2 /PRNewswire-USNewswire/ -- Out-of-work Pennsylvanians will now be able to file claims for unemployment compensation benefits six days a week.

Labor & Industry Acting Secretary Sandi Vito today announced that as part of the department's on-going efforts to increase access to services for laid- off workers, call-in hours for the unemployment compensation toll-free phone number, 1-888-313-7284, will now be available Sundays from 9 a.m. to 4:30 p.m. The additional Sunday hours mark the first time call centers will be available to answer every type of unemployment compensation question.

In December, Governor Edward G. Rendell directed that call-in hours be extended to accelerate and strengthen assistance to Pennsylvanians who have lost their jobs. In addition to the new Sunday hours, the call center is open from 7:30 a.m. to 8:30 p.m. Monday through Friday.

"Governor Rendell directed us to find ways to improve the access and quality of service people filing for unemployment compensation benefits receive," Vito said. "By expanding the hours and days for the call-in number, we are continuing to find ways to help our citizens get the financial support they need in these times of economic uncertainty."

Due to greater call volumes on Monday and Tuesday, and in the morning, claimants who are having difficulty getting through should consider calling later in the week -- Wednesday through Friday, and later in the day. Calling later in the week will not affect the prompt delivery of benefits.

Customers are reminded the best way to get information or file a claim for unemployment compensation benefits is online 24 hours a day at www.dli.state.pa.us.

The expanded service hours and days are part of an on-going effort that includes hiring nearly 300 temporary employees and the creation of a new call center to increase the department's capacity to take phone calls and process claims.

"We will continue working very hard to ensure that individuals who become unemployed through no fault of their own get the assistance they need in an efficient and effective fashion," Vito said.

For more information on unemployment compensation, visit www.dli.state.pa.us and click on the "Unemployment Compensation Information" icon.

CONTACT: Christopher S. Manlove (L&I)

(717) 787-7530


Source: Pennsylvania Department of Labor & Industry

CONTACT: Christopher S. Manlove of the Pennsylvania Department of Labor
& Industry, +1-717-787-7530

Web site: http://www.state.pa.us/
http://www.dli.state.pa.us/


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Profile: labor-news


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