Executive order: Minimum wage for workers in gov’t-contracted construction is now $15 (Puerto Rico)

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By Eva Lloréns Vélez on July 30, 2018

SAN JUAN – Puerto Rico Gov. Ricardo Rosselló signed an executive order to increase the minimum wage for Puerto Rico construction industry employees to $15 an hour for government contracting. The order also requires locally produced cement for government construction projects.

In addition, the decree requires labor agreements for projects financed by the government to establish security conditions and professional training “for the protection of workers,” according to a release issued by the governor’s office, La Fortaleza, following his press conference there on the matter.

Local contractors complain that they are being discriminated against by the government in its project procurements in favor of stateside companies, which Rosselló acknowledged has happened historically, but noted differences when comparing local and mainland resource after a disaster.

“Sometimes there is not enough labor; sometimes they are huge projects that some of the local contractors do not qualify for and sometimes it’s remuneration. So what have we decided to do? We have decided to start looking for solutions,” he said at a press conference Monday.

The measure could apply to 36,000 to 44,000 construction workers, of which 21,000 are salaried employees who work for construction companies. “That is the potential universe of people that can be impacted as long as that construction company is bidding for construction work with the government,” Labor Secretary Carlos Saavedra said.

“One of the fundamental elements in the recovery of Puerto Rico is the construction industry, which is vital to be prepared for weather events and other emergencies that may affect us in the future,” the governor is quoted as saying in the release, adding that “now that Puerto Rico begins the road to reconstruction, it is indispensable that the local construction workforce be stronger than ever. We need more Puerto Rican construction workers, better trained, and better paid.”

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U.S. Department of Labor Recovers $14.3 Million for Hurricane Recovery Workers (Puerto Rico)

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By Source Staff – September 25, 2018

In the year since hurricanes Irma and Maria struck Puerto Rico and the U.S. Virgin Islands, the U.S. Department of Labor’s Wage and Hour Division (WHD) has recovered $14,337,657 in unpaid wages for 7,761 employees engaged in recovery work in these territories. WHD has also undertaken significant outreach activities to educate employers and employees about compliance with federal wage laws as part of its ongoing hurricane response efforts.

Following the hurricanes, WHD began a broad-based education and enforcement initiative providing information to employers and workers via social media, and by conducting outreach. Investigations focused on compliance during short-term emergency response operations funded through the Federal Emergency Management Agency (FEMA) to ensure employers were aware of their responsibilities and employees were paid.

The investigations examined coverage under an employer’s compliance with the Service Contract Act (SCA), Contract Work Hours and Safety Standards Act (CWHSSA), Davis Bacon and Related Acts (DBRA), and the Fair Labor Standards Act (FLSA).

WHD investigators found violations that included non-payment of wages, minimum wage and overtime violations resulting from employees being misclassified as independent contractors, and failure to pay required health and welfare benefits under the SCA.

WHD has conducted more than 60 outreach events; signed memorandums of understanding (MOUs) with Puerto Rico’s Department of Labor and its Office of the Comptroller to better coordinate enforcement and outreach efforts; and hosted a prevailing wage seminar to educate contractors, government agencies, and other stakeholders about compliance with applicable laws.

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Northam signs executive order establishing task force on worker misclassification, payroll fraud (VA)

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AUTHOR – Augusta Free Press
PUBLISHED – Aug 11, 2018

Governor Ralph Northam signed an Executive Order establishing an interagency task force on worker misclassification and payroll fraud. The misclassification of employees as “independent contractors” undermines businesses that follow the law, deprives the Commonwealth of millions of dollars in tax revenues, and prevents workers from receiving legal protections and benefits.

“Treating Virginia workers fairly is central to building an economy that works for everyone, no matter who you are or where you live,” said Governor Northam. “Every employer in the Commonwealth should be playing by the same rules and this task force will come up with a comprehensive plan to make sure workers aren’t missing out on the protections and benefits they would receive if properly classified.”

A 2012 report of the Joint Legislative Audit and Review Commission (JLARC) found that one-third of audited employers in certain industries misclassify their employees. By failing to purchase workers’ compensation insurance, pay unemployment insurance and payroll taxes, or comply with minimum wage and overtime laws, employers lower their costs as much as 40%, placing other employers at a competitive disadvantage.

The task force will develop and implement a comprehensive plan with measurable goals, including identifying ways to hold companies working on state contracts who commit payroll fraud through misclassification of workers accountable, and identifying ways to deter future inappropriate conduct by recommending enforcement mechanisms.

Secretary of Commerce and Trade Brian Ball will chair the task force. It will include representatives from the Virginia Employment Commission, the Department of General Services, the Department of Labor and Industry, the Department of Professional and Occupational Regulation, the State Corporation Commission’s Bureau of Insurance, the Department of Taxation, the Workers’ Compensation Commission, and the Office of the Attorney General.

The group will develop a work plan by November 1, 2018 and report to the Governor on its progress by August 1, 2019.

The full text of Executive Order Sixteen can be found here.

(See Article)

Seattle worker-rights groups uniting to create ‘one-stop shop’ for workplace wrongs (WA)

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By: Benjamin Romano
August 3, 2018

Working Washington and the Fair Work Center, two organizations that have been as effective as any in recent years at expanding and defending the rights of workers in Seattle and beyond, are joining forces under a new executive director.

Rachel Lauter, most recently the deputy chief of staff to New York Mayor Bill de Blasio, assumed the role of leading both organizations in late May, a first step in a merger designed to create what she describes as “a one-stop shop for worker organizing, advocacy, outreach and education and legal services.”

That’s necessary, she said, because aggrieved workers or those looking to improve working conditions may not always know what kind of help they need or where to begin.

Working Washington got its start in 2011 organizing low-wage workers to push for the nation’s first $15-an-hour minimum wage, passed by SeaTac voters in 2013, and then by the Seattle City Council in 2014. The labor-backed group has run successful campaigns – often marked by attention-grabbing stunts and protests, online and off – for predictable shift scheduling, expanded sick leave, equal treatment and, most recently, expanded protections for domestic workers.

The Fair Work Center (FWC), meanwhile, formed in 2016 with a mission of educating workers about their rights in Seattle and beyond, offering legal aid and connections to groups advocating for specific communities such as immigrants and youth. It has been awarded more than $2.5 million from the city of Seattle’s Office of Labor Standards under a grant program designed to “develop awareness and understanding of worker rights, and facilitate resolution of labor standards violations.” According to its 2017 annual report, the legal clinic helped low-wage workers recover more than $350,000 resulting from wage theft, discrimination and harassment, retaliation and other violations.

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CONTRACTOR SENTENCED FOR CRIMINAL WAGE THEFT, FALSE REPORTING OF WORKERS’ COMP PAYMENTS (WA)

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By Office of the Attorney General (Washington State)
July 27th, 2018

Alejandro Sandoval and his company must pay back $25,000 in workers’ wages

SEATTLE – A Maple Valley contractor and his company must pay back more than $25,000 in unpaid wages in addition to unreported workers’ compensation insurance after a joint investigation by the Attorney General’s Office and the Washington State Department of Labor & Industries (L&I).

Alejandro Sandoval and his company, Sandoval Construction, were sentenced today in King County Superior Court after pleading guilty to false reporting and first-degree theft. As part of the plea deal, Sandoval Construction is ordered to reimburse the workers for their unpaid wages and Sandoval will be responsible for unpaid workers’ compensation insurance payments to the state.

Under separate civil proceedings, he owes L&I at least $197,000 in unpaid premiums, interest and penalties.

“Wage theft is a crime, and as long as I’m Attorney General, those that steal from their workers will be prosecuted,” Attorney General Bob Ferguson said. “Thanks to the coordinated efforts of my office and L&I, these workers will be paid for their work.”

“People work hard and deserve to be paid fully and on time,” said L&I Director Joel Sacks. “Teaming up with the Attorney General gives us the extra hammer of criminal prosecution to collect wages for workers and reduce workers’ comp costs for employers.”

L&I enforces workplace rights and administers the state workers’ compensation insurance system that helps injured workers heal and return to work. When employers cheat and fail to pay their fair share, those who follow the rules pay higher premiums.

The Attorney General’s Office began its criminal investigation in 2016 after L&I received complaints from a dozen workers for Sandoval and his company, alleging Sandoval Construction had not paid them $25,620 in wages that they were owed.

In addition, an L&I audit revealed that Sandoval had underreported his workers’ compensation payments to the state agency, despite deducting them from employee paychecks. The audit, which covered a sampling of four different quarters, found he owed more than twice what he reported to L&I in that timeframe.

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OSHA increases excavation and trenching enforcement after wave of fatalities

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Kim Slowey
October 4, 2018

Dive Brief:

  • Effective Oct. 1, the Occupational Safety and Health Administration moved forward with an updated excavation and trenching National Emphasis Program. The safety enhancements represent a renewed effort on the part of the agency to prevent excavation and trenching collapses in the wake of an uptick in trenching fatalities.
  • The program’s goal has always been to make sure onsite trenching and excavation conditions are as safe as possible for workers, but the agency will now increase its education efforts and step up enforcement. In addition, OSHA inspectors will enter records of their trenching and excavation inspections into a national reporting system. Local OSHA offices will develop outreach programs as well.
  • OSHA will wait to increase its enforcement activity until after the first three months of the initiative, during which time the agency will engage in education and prevention outreach. Inspectors will still respond to accidents, complaints, injuries and referrals during the outreach period. The updated program will remain in effect indefinitely. “OSHA will concentrate the full force of enforcement and compliance assistance resources to help ensure that employers are addressing these serious hazards,” said Loren Sweatt, deputy assistant secretary of labor for occupational safety and health.

Dive Insight:

OSHA rolls out National Emphasis Programs on a temporary basis, although some, like the ones relative to construction cranes and lead, have been active for several years. The agency’s goal is to concentrate its resources on particularly high-hazard safety issues for as long as necessary. The decision as to which areas need the most attention is made after considering inspection, injury and illness data and other relevant information.

In the case of this latest emphasis program, the agency is likely responding to U.S. Bureau of Labor Statistics data that showed a steep rise in trenching fatalities in 2016. In March, the bureau reported that that the number of excavation and trenching fatalities in 2016 was almost twice the average of the previous five years combined. At the time, the Department of Labor committed to reducing excavation and trenching hazards by 10% by Sept. 30, 2018, using 2017 data as a benchmark.

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Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification Act

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By: Susan Nanes
August 2, 2018

Measure twice, cut once. It’s a carpenter’s motto reminding us that it is better to spend a little more effort up front to be certain about what we’re doing than to have to spend time, money, and energy trying to fix a mistake after the fact. This article provides some background and basics of the Construction Workplace Misclassification Act (CWMA) so that attorneys practicing in the construction field will be aware of the pitfalls: should a construction employer seek to cut corners and avoid paying workers’ compensation premiums (and other required taxes), or even just err by calling its workers independent contractors, they may be subject to civil and even criminal penalties. It is better to take the time, do the due diligence and measure twice. This article will briefly explain the rationale for the CWMA’s enactment, address the previous legal approach, present the contours of the CWMA, and finally touch on Pennsylvania cases evaluating and applying the CWMA.

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Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages

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New research finds that a wide range of big corporations have been shortchanging the people who work for them

by Philip Mattera with a chapter on policy recommendations by Adam Shah
June 2018

Washington, DC-A new report finds that many large corporations operating in the United States have boosted their profits by forcing employees to work off the clock, cheating them out of required overtime pay and engaging in similar practices that together are known as wage theft.

The detailed analysis of federal and state court records shows that these corporations have paid out billions of dollars to resolve wage theft lawsuits brought by workers. Walmart, which has long been associated with such practices, has paid the most, but the list of the most-penalized employers also includes Bank of America, Wells Fargo and other large banks and insurance companies as well as major technology and healthcare corporations. Many of the large corporations are repeat offenders, and 450 firms have each paid out $1 million or more in settlements and/or judgments.

These are among the findings in Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages published today by the Corporate Research Project of Good Jobs First and Jobs With Justice Education Fund. It is available at www.goodjobsfirst.org/wagetheft

“Our findings make it clear that wage theft goes far beyond sweatshops, fast-food outlets and retailers. It is built into the business model of a substantial portion of Corporate America,” said Good Jobs First Research Director Philip Mattera, the lead author of the report.

(Read More – Press Release)

(PDF Copy of Full Report)

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Minnesota Wage Growth Exceeds Neighbors & Rest of United States (MN)

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Date: September 12, 2018
Author: Frank Manzo IV

Chicago: A trio of new research studies shows that more people are joining unions in Minnesota and that wages in the Gopher State are growing faster than the neighboring states of Illinois and Wisconsin, as well as in the rest of the United States.

Produced by the Midwest Economic Policy Institute with researchers from the University of Illinois at Urbana-Champaign, University of Minnesota, University of Wisconsin-Madison, and University of California-Irvine, the annual State of the Unions Research series profiles unionization rates and hourly wages in Minnesota, Illinois, and Wisconsin.

Based on data from the U.S. Department of Labor and U.S. Census Bureau, the studies offer a comparative window into the economic effects of different state-level approaches to labor and economic policy.

“While the rise of right-to-work laws and other national economic trends are no doubt impacting unionization and wage growth, differences in state-level policymaking can either accelerate or blunt these broader trends,” said Midwest Economic Policy Institute Policy Director Frank Manzo IV. “The data shows that Wisconsin’s model has produced lower wages and slower wage growth, while Minnesota’s has had the opposite effect.”

…

The reports highlight economic data over the last decade, at a time when Wisconsin opted for more austerity and weakened labor standards- specifically placing limits on collective bargaining (Act 10), repealing prevailing wage, and enacting a so-called “right-to-work” law.

Despite a budget crisis and efforts by its Governor to pursue an agenda similar to Wisconsin’s, the authors note that Illinois has largely maintained a status quo, augmented by the City of Chicago’s decision to raise its minimum wage.

(Read More)

(Report: State of the Unions – Minnesota)

(Report: State of the Unions – Wisconsin)

(Report: State of the Unions – Illinois)

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Historic community benefits agreement reached! (TN)

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September 4, 2018
Stand Up Nashville

Stand Up Nashville is very proud to announce that after several months of intense negotiations with Nashville Soccer Holdings (NSH), we have reached a landmark agreement that sets a new standard for development, including the following commitments:

Affordable Housing

  • 20% of all housing units built at the development site will be set aside as Affordable and Workforce Housing.
  • A commitment to 3 bedroom units that reflect the need for family housing in our city.

Wage Floor

  • NSH agrees to directly hire stadium workers (ushers, ticket takers, box office janitorial, custodial, maintenance, field maintenance employees) and pay them at least $15.50 an hour.
  • The establishment of a first-of-its kind targeted hiring program in Nashville with dedicated staff that will connect individuals with barriers to employment to future job opportunities at the stadium.

Community Services & Amenities

  • 4,000 sq ft will go to a childcare facility, which will operate on a sliding scale.
  • 4,000 sq ft will go to establishing micro-unit retail spaces for artisans and local small businesses at a reduced rental rate.
  • NSH will host annual coaching clinics for Metro School and other youth soccer coaches and donate soccer equipment to these programs.

Jobs and Workforce Development

  • Mandatory safety training for all construction workers and supervisors.
  • Leveling the playing field for responsible contractors that provide safe, thriving careers for their employees.
  • Construction careers for individuals with barriers to employment, especially from Promise Zones.
  • Inclusion of minority contractors.

Community Advisory Committee

  • A Joint Committee will be established with community representation. This Committee will oversee the implementation of the CBA, monitor successes, ensure compliance with the terms of the CBA, and produce an annual public report.

SUN remains steadfast in this fight and recommits ourselves to ensuring development benefits all Nashvillians. “For many Nashvillans, this marks the end of hopelessness and the beginning of a new and better Nashville. Housing our residents and improving conditions for workers is the responsibility of the people, the electorate, and developers,” said Odessa Kelly, Co-Chair of Stand Up Nashville. “We call on our elected representatives to ensure safe and just working conditions for the hardworking men and women who build this city. No developer should get such huge taxpayer subsidies and not be held to a high standard of providing a safe and dignified job to workers in our city.”

(Visit SUN’s website)