Missouri's Workers' Compensation changed

Beginning January 1, 2006, there will be no legal adviser in Missouri to give technical help to those filing workers' compensation claims.

Under the old workers' compensation system, legal adviser and administrative-law judge can give advice to workers, the former could offer technical help while the latter can make recommendations before approving the final award.

More than 70 labor groups have filed a lawsuit, alleging that the new legislation "reduces the rights of employees so greatly that it denies them justice for their injuries."

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Psychological conditions are ineligible for workers' compensation in Ohio

The Ohio Supreme Court ruled on Wednesday that psychological conditions are ineligible for workers' compensation based on Kimberly McCrone's case.

Kimberly McCrone, a former bank teller in Bank One Corp., has not been able to return to work since confronted by a robbery in August 2001. She has been diagnosed with post-traumatic stress disorder.

The 5-2 ruling said that workers' compensation payments can be applied to the disabled workers for work-related psychological conditions only if the same incident causes a physical injury.

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Ex-workers Sue Boeing for Age Discrimination

75 former Boeing Co. employees filed a federal lawsuit against the Boeing Company and the buyers of its commercial aircraft operations in Kansas and Oklahoma. The plaintiffs are seeking class-action status, and 300 former workers have agreed to be part of the suit.

The workers are seeking their jobs back, along with unspecified compensatory damages.

They also asked for at least $1.5 billion in punitive damages.According to the complaint, nearly 14 percent of workers above age 50 were not offered jobs, compared with 4 percent under the age of 40.

Boeing declined immediate comment for they claimed that the company had not received a copy of the complaint.

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Santa Fe's minimum wage to raise to $9.50 next year

Santa Fe's City Council rejected a proposal by Councilor David Pfeffer to postpone the scheduled increase for at least six months last Wednesday. Santa Fe's minimum wage will rise to $9.50 an hour on Jan. 1. The minimum wage in the city is $4.35 above the state's minimum wage.

Councilors voted 7-1 to let the $9.50 an hour wage go into effect. However, a council vote is required on the next increase, to $10.50 in 2008.

More than 60 people support he city's minimum wage raise while 5 prefer to postpone the increase.

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Former California patrol officer convicted of fraud

A former California Highway Patrol officer, Michael P. Jones, was convicted of fraud on abuse of the workplace injury system.

While being an officer in Coalinga, Calif., Jones made three bogus workers' compensation claims from 2002 to 2004. The judge dismissed all but the 2004 charges, in which Jones claimed injuries to his lower back.

A key piece of evidence was a videotape of a terrorist readiness drill in which Jones was seen running and engaging in other activities while playing the role of a terrorist storming Fresno.

Jones will be sentenced Jan. 27, and faces anything from probation to eight years in prison. But Jones and his family believe that he is innocent of these charges.

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Unicco Service Company Was Fined $152,500 By OSHA

OSHA has cited Unicco Service Company for alleged willful and repeat violations of safety standards. The facilities management and personnel firm faces a total of $152,500 in proposed fines.

The accident happened at the New England Executive Park in Burlington, Mass., June 8. One worker was killed and another was severely injured.

Francis Pagliuca, OSHA's area director for Middlesex and Essex counties said," This company is well aware of the requirements to protect window cleaners contained in industry standards, manufacturer instructions and its own safety program, yet chose to ignore them." This company was cited for similar hazards following a double fatality in 2003.

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Fraser Paper Fined $170,000 by OSHA for Failing to Record Injuries and Illnesses

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) fined Fraser Paper $ 170,000 for failing to record numerous injuries and illnesses that occurred at its Madawaska mill between 2003 and 2005.

By examining the the company's illness and injury logs and other medical data, OSHA found that, within 2003 and 2004, the incomplete annual illness and injury summaries were certified as being complete; 59 injuries or illnesses were not recorded in the mill's "OSHA 300" illness and injury log.

Anthony Lemire, OSHA's area director for Maine points out that proper recording of injuries and illnesses is the foundation of a workplace safety and health program. Unrecorded or misreported injury and illness information can obscure the types and severity of injuries occurring in a workplace, undermining efforts to prevent them.

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Rhode Island is cracking down on unemployment fraud

The Rhode Island Department of Labor and Training is cracking down on employment fraud. Workers who use fraudulent tactics to get unemployment insurance will be brought up on criminal charge.

Adelita S. Orefice, director of the DLT, said in statement that individuals who fraudulently collect unemployment insurance benefits are being brought up on criminal charges.

In a written statement, Orefice said that prevention, detection, and elimination of fraud and abuse in the (unemployment insurance) program are their top priorities.

Those who have received benefits through fraudulent are required to immediately repay the money in order to avoid prosecution and conviction.

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Employers warned to make sure comply with maternity leave

A legal secretary sued Perth law firm Cocks Macnish for discriminated on the grounds of pregnancy by dismissing her.

The law firm refused the secretary return to work after what she believed was maternity leave. After the investigation, the State Administrative Tribunal found that the law firm had no equal opportunity policies and treated the woman unfavorably.

The legal secretary was awarded $9,000 in damages and lost earnings.

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Two groups are seeking hike in Arizona's minimum wage.

Five Fifteen Isn't Working is working for a state constitutional amendment to implement a $5.95 Arizona minimum wage, beginning in July 2007, rising to $6.75 on July 1, 2008. The group needs to gather more than 180,000 signatures of registered voters by next July to qualify for the November 2006 ballot.

Arizona Minimum Wage Coalition, which includes labor unions, community activists and religious leaders, is the second group seeking for the minimum wage hike. It would need to submit signatures from at least 122,612 registered voters by July 6 to qualify the proposed "Raise the Minimum Wage for Working Arizonans Act" for the November 2006 ballot.

Once approved, the $6.75 minimum wage would take effect in 2007. The wage would be adjusted once each year according to cost-of-living index.

Farrell Quinlan, a spokesman for the Arizona Chamber of Commerce and Industry, points out that the measures will face strong opposition from the business community.

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Employment Agency Settles Discrimination Suit

The Equal Employment Opportunity Commission accused SPS Temporaries of Buffalo, an employment agency and two clients, Whiting Door of Akron and Jamestown Container of discriminating against employees based on race, sex, disability, age and national origin.

They have agreed to pay up to 580,000 dollars to settle this class-action discrimination lawsuit.

The victims could be hundreds or thousands.

However, none of the companies admitting guilty.

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Supreme Court Clarifies Wage and Hour Law under FLSA

The U.S. Supreme Court has ruled unanimously that FLSA （Fair Labor Standards Act） requires workers are compensated for the time they spend walking to and from the production floor after donning and before doffing required safety gear.

The court also said the time spent waiting to doff the required safety gear is compensable under the FLSA. However, that the time waiting for the first piece of equipment was a "preliminary activity" and wasn't compensable.

The 1938 Fair Labor Standards Act requires employers to compensate employees for all work time, and a 1947 law that generally excludes from compensation the time employees spend traveling to their work stations. The FLSA also allows employers and workers to agree in a labor contract to exclude clothes-changing time from payment.

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Supporters Push For Higher Minimum Wage

A top Democratic legislative leader is joining a coalition of groups in advocating to increase New Mexico's minimum wage from $5.15 per hour to $7.15 per hour.

Advocators are trying to build momentum for a statewide minimum wage initiative they plan to introduce in the 2006 legislative session. They say that the proposed wage rate will help the working poor in New Mexico.

Proponents are calling for legislation that would allow the state's minimum wage to be adjusted annually with inflation, but they say they support not having it pre-empt local wage levels in the state that are higher than the mandated state minimum wage.

About $123,000 people, one-eighth of the state's workforce who earn an hourly wage less than $7.50 will benefit from the increase.

Gov. Bill Richardson supports a higher minimum wage but hasn't decided how much increase he will propose to lawmakers next year.

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IL Dept. of Labor investigates Oberweis Dairy

Oberweis Dairy, chaired by Illinois gubernatorial candidate Jim Oberweis, is under the investigation of Illinois Department of Labor recently. It is alleged that Oberweis Dairy has violated state and federal minimum wage laws by underpaying two people who hired to clean several of its suburban ice cream stores.

Jorge Ibarra and Rosa Ramirez, tow undocumented workers who are hired by the dairy company and subcontractor Pat Mar Janitorial Services, was paid an average of $3.23 an hour.

Illinois’ minimum wage is $6.50 an hour. The Department of Labor couldn't provide a timeline for deciding on the matter now.

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Inspector General's Report: Wal-Mart Gets "Significant Concessions"

According to a Department of Labor report released Monday, Wal-Mart Stores Inc. received "significant concessions" from the U.S. Department of Labor's Wage and Hour Division.

The department and Wal-Mart signed a settlement agreement last year over child labor violations, in which the retailer that promised Wal-Mart 15 days' written notice before any WHD inspections of Wal-Mart stores for child labor law violations. Some lawmakers and child advocate groups called this agreement a sweetheart deal."

These breakdowns resulted in WHD entering into an agreement that gave significant concessions to Wal-Mart – advance notification of future investigations and ability to avoid civil money penalties (CMPs) – in exchange for little commitment from the employer beyond what it was already doing or required to do by law," the report says.

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Wal-Mart calls for US Minimum Wage Hike

Wal-Mart Stores Chief Executive H. Lee Scott has urged Congress to raise the minimum wage, which has stuck for years at $5.15 per hour.

In a speech Scott delivered at an annual meeting of company analysts, he said," The US minimum wage of 5.15 dollars has not been raised in nearly a decade, and we believe it is out of date with the times." Scott also outlined a new health plan for employees and several energy conservation initiatives.

"We can see first-hand at Wal-Mart how many of our customers are struggling to get by," Scott said, noting that some "simply don't have the money to buy basic necessities between paychecks."

Wal-Mart says its full-time hourly employees make an average of $9.68 an hour. U.S. retail workers, on average, were paid about $12.40 an hour in July, according to Department of Labor statistics.

Kennedy, the author of minimum wage hike's defeated Senate legislation, said," When even the head of Wal-Mart -- one of the most anti-worker companies in the world -- says that a minimum wage of 5.15 dollars an hour is out of date, we know its long past time for an increase."

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Minimum Wage Raise Rejected by Senate

Senate proposals to raise the minimum wage were rejected recently. That means the federal minimum wage, which has been set to $5.15 an hour since 1997, will not rise in the foreseeable future.

A measure sponsored by Senator Kennedy would have raised the rate to $6.25 an hour. A Republican counter-proposal would have combined that increase with various breaks and exemptions for small businesses.

Sixteen states and the District of Columbia have minimum wages exceed the national level, including Washington State at $7.35. Twenty-six states are the same as the federal level; two — Ohio and Kansas — are below; and six do not have state laws.

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Employer sentenced to confinement

Richard Custer Jr., of Marshall County, was sentenced Oct. 12 on one felony charge of making a false statement to the West Virginia's Workers' Compensation Commission.

Custer has been found that he had employees in his contracting business since August of 1999 without subscribing to the Workers' Compensation Commission.

Custer was sentenced to one to three years’ confinement in a state prison; however, the sentence was suspended and he was placed on two years supervised probation.

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Washington's Minimum Wage To Increase

Washington Department of Labor and Industries announced the state's minimum wage will increase from $7.35 to $7.63 an hour beginning Jan. 1, 2006.

This increase is to meet the federal Consumer Price Index for Urban Wage Earners and Clerical Workers, which became the standard for minimum wage annual increasing. The increase is by Initiative 688, which was passed in 1998.

Minimum Wage poster will be updated with the increase of minimum wage. http://www.postersolution.com helps you keep update.

The state's minimum wage has increased from $5.70 to $7.93 since 1998. The 2006 increase is the biggest.

Florida Minimum Wage Will Increase to $6.40 per hour

Florida's minimum wage will be $6.40 per hour effective Jan. 1, 2006 for all hours worked in Florida. This increase is 25 cents above the current state minimum wage. The new minimum wage will be $1.25 more than the current $5.15 federal minimum wage.

Tipped employees will get direct wage in an amount equal to the minimum wage of $6.40 minus $3.02, or a direct hourly wage of $3.38 on Jan. 1, 2006.

Minimum Wage Poster is one of the mandatory posters required posted in every workplace. http://www.postersolution.com provides the latest update of Labor Law Posters, helps you keep in compliance.

Florida's minimum wage adjusts every year according to the federal consumer price index under the state constitutional amendment, which approved by voters on Nov. 2, 2004.

American Samoa Minimum Wage Increases

American Samoa will increase, announced by The U.S. Department of Labor in Oct. 1st. The increase covers all government employees and specified private-sector industries.

The new minimum wage rate will take effect in 15 days. The rate is provided by a committee that appointed by DOL, and it will not harm to the employment as well as the industries.

Every change of labor law will lead to their mandatory posters' update, http://www.store.postersolution.com will help you remain in compliance.

OSHA Fines BP Products More Than $21 Million

OSHA Fines BP Products More Than $21 Million The fatal explosion at BP Products' Texas plant claimed the lives of 15 workers and injured more than 170 others in March 23. After the investigation, BP Products North America Inc. has agreed to pay more than $21 million in penalties for safety and health violations, announced by U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

The agreement settles cases issued against BP Products following the fatal explosion at the Texas City refinery, and it also addresses other ongoing investigations at the Texas City Refinery and requires BP Products to address process safety management (PSM) plant-wide.

BP Products North America Inc. is part of BP of London, England, which engages in petroleum exploration and refining. The company will pay the full fine, abate all the hazards, and significantly improve their safety measures.

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EEOC sued Construction Firm for Workplace Harassment

U.S. Equal Employment Opportunity Commission sued a Phoenix-based construction company for some workers claimed that they were sexually harassed by a male supervisor and co-worker.

Employees claimed that a company foreman and another worker in Tucson grabbed their genitals and simulated sexual acts with them. They were denied promotions and harassed further until some felt compelled to quit.

Investigators of EEOC are trying to get a negotiated settlement before the complaint for discrimination and retaliation files in the U.S. District Court in Tucson.

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Oregon's minimum wage to increase 25 cents on Jan. 1

Oregon's minimum wage will increase to $7.50 per hour next year. Dan Gardner, commissioner of the Bureau of Labor and Industries announced this minimum wage's 25 cents per-hour raise Friday.

Oregon's minimum wage is the second highest in the nation except Washington state.

The increase was based on a 3.6 percent jump in the consumer price index.

In 2002, Oregon voters approved Ballot Measure 25 that requires the minimum wage increased in line with inflation.

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Wal-Mart face new lawsuit over lunch breaks

The world's largest discount retailer Wal-Mart faced new lawsuit that some Wal-Mart workers claimed they are denied of lunch breaks and forced to work overtime without compensation.

Lawyers on behalf of 115,919 current and former Wal-Mart employees told an Oakland jury yesterday the company should pay 66 multi million dollars plus interest and penalties.

Just a week ago, Wal-Mart was sued by a workers' rights advocacy group for its ignoring the abuse of workers in foreign factories for the desire to find cheap supplies.

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U.S. Labor Department Announces $30.8 Million to Help 4 Southern States

U.S. Labor Department announced grants totaling $30.8 million to Alabama, Louisiana, Mississippi and Texas to expand their capacity to process claims and expedite unemployment insurance payments for those left unemployed as a result of Hurricane Katrina. This would help the states quickly distribute Unemployment Insurance following the disaster.

Secretary of Labor Elaine L. Chao said that the nearly $31 million in grants would help Alabama, Mississippi, Louisiana and Texas expedite unemployment insurance payments through mobile field units, hiring temporary staff, increasing Internet and telephone claims processing and rebuilding damaged facilities.
Alabama gets $1.5 million grant, Mississippi $15.7 million, Louisiana $11 million, and Texas $2.6 million.

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New Agency Replaces Texas Workers’ Compensation Commission

With the reform of the state’s workers’ compensation system, The Texas Department of Insurance’s Division of Workers’ Compensation replaces the state’s Workers’ Compensation Commission Thursday.

This reform can better improve care for workers and reduce costs for employers. The revised law will also create new physician networks and provide a small boost in benefits paid to injured workers.

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Overtime Payment Plan Approved

The Fort Bend County Commissioners Court, Texas apprved a three-year plan to pay off more than $2 million to its employees.

The entire amount will be payed off by Jan.1, 2006. Employees now must take 80 hours of accrued compensatory time before utilizing their vacation time, and some employees will no longer receive some exceptions from current policy.

By law, many public sector employees must take vacation time to make up for the time-and-a-half extra pay instead of overtime payment . County employees may add up to 240 or 480 hours of this compensatory time.

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Former maintenance workers got $21 million compensation package

Former RAAF maintenance workers exposed to toxic chemicals would get a total of $21 million in lump sum payments. About 600 workers will be eligible for ex-gratia payments of up to $40,000 as part of the $21 million compensation package.

According to findings in the Study of Health Outcomes in Aircraft Maintenance Personnel, between 400 and 700 RAAF personnel and contractors suffered ill health and lower quality of life after being involved in resealing fuel tanks on the aircraft between 1975 and 1999.

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Governer Ordered Heat Regulations

Governer Arnold Schwarzenegger issued emergency regulation requiring employers to train workers how to avoid heat stroke on sizzling days and provide breaks in the shade.

Schwarzenegger said that his aim of ordering the regulations is to make California the national leader for workplace standards for heat stress prevention and treatment.

The new rules would affect workers who work at construction sites, amusement parks and agricultural fields. 64 new safety inspector will look for abuse and enforce the rules.

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Minimum Wage Increase Approved by N.C House

The House approved a bill that would raise minimum wage from $5.15 per hour to $6 per hour. The provision was attached in a bill that would provied health insurance tax credits to small businesses.

The minimum wage in North Carolina is the same as federal standard. Of all the South states, Florida, whose minimum wage is $6.15 per hour, is the only one that sets higher minimum wage standard than the federal.

According to the North Carolina Budget & Tax Center, the increase would effect 101,000 people who make less than $6 per hour.

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Florida Workers' Compensation Compliance Sweep Finished

Investigators from the Florida Department of Financial Services Division of Workers' Compensation had a 2-day sweep of 848 construction sites in the state to make sure Florida businesses follow workers' compensation laws. 100 stop-work orders for employers without legitimate workers' compensation coverage were issued during the sweep.

Under the state law, businesses in the construction industry with one or more employees must provide workers' compensation coverage, which protects workers who are injured or killed on the job.

In the sweep, 25 supervisors and investigators from Miami, Plantation and Fort Myers conducted sweeps in Miami. That operation made 333 contacts and wrote 35 stop-work orders.

36 supervisors and investigators from Jacksonville, Pensacola, Orlando and Tampa conducted sweeps in the Orlando area. That group made 515 contacts and wrote 65 stop-work orders.

Under an SWO, a business must immediately cease all operations. The state lifts its SWO once the employer gets proper coverage and pays a civil penalty of 1.5 times the workers' compensation premiums avoided. Employers who violate an SWO in Florida face a penalty of $1,000 a day of violation and may also face criminal charges.

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New Rules in Nevada for Injured Workers

Two Neveda Supreme Court set up new rules for injured workers. Under the rules, employees can get workers' compensation benefits in some cases for their injure while arriving or leaving their jobs.

Brenda Cotton, who tripped over a curb and hurt her ankle before her scheduled shift, and Susan Woodward, who injured her shoulder when tripped over a curb in a parking lot at the Adobe Mobile Station in Henderson where she work, both get the workers' compensation with the new rules.

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Minnesota Minimum Wage Increases in August

The "small-employers" rate is $4.90 an hour, and will increase to $5.25 an hour.

The "large-employers" rate will be $6.15 an hour, compared with $5.15 an hour now. The large-employer definition will change to "any enterprise whose annual gross volume of sales made or business done is not less than $625,000."

The "training-wage" rate will be $4.90 an hour, and the rate now is $4.25 an hour.

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Minimum wage raise becomes the law

A bill to increase the minimum wage in Hawaii by one dollar per hour became law on Tuesday without Governor Lingle's signature.

The minimum wage per hour will increase from $6.25 to $6.75 on Jan. 1,2006, and to $7.25 to Jan. 1, 2007.

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Employment Law in the United States

Employment law in the U.S. is largely goverened by the common law rule of "at will employment", that is, that an employment relationship can be terminated by either party at any time for any reason, including a good reason, a bad reason or no reason at all.

Exceptions to this rule can be found in various federal employment law statutes, including Title VII of the Civil Rights Act of 1964 (and amendments), Title I of the Americans with Disabilities Act of 1990, the Family and Medical Leave Act 0f 1993, and numerous state laws with additional protections. The Fair Labor Standards Act regulates minimum wages and overtime pay for certain employees who work more than 40 hours in a work week.

There is no special employment tribunal in the U.S. Employment law cases are heard in state or federal courts, depending upon the issue, the size of the employer (the Civil Rights Act of 1964, for example, applies only to employers with 15 or more employees), and the litigation strategy of the plaintiff.

Contract drivers sue FedEx

FedEx Delivery drivers in Tennessee argue in a U.S. federal lawsuit that the company so tightly controls their work.
They claim that should be employees rather than independent contractors.The lawsuit accuses the company of denying them overtime pay, health insurance, workers' compensation coverage and other benefits provided for company employees.
Shares of FedEx Corp. fell 42 cents to close at $82.58 US on the New York Stock Exchange.