OSHA targets Philadelphia with new campaign after 5 fall incidents in 1 month

Posted by National Alliance for Fair Contracting on

By Kim Slowey | July 14, 2016

Dive Brief:

  • In the wake of five fall-related incidents in a one-month period, the Occupational Safety and Health Administration has made a public plea for Philadelphia construction companies to take greater measures to prevent fall-related accidents, the agency said in a press release.
  • OSHA said the July 7 death of roofer Roy Chacon marked the fifth fall-related area accident since June 13.
  • In effort to combat these incidents, OSHA said it has joined forces with the City of Philadelphia’s Licenses and Inspections and the Philadelphia Project on Occupational Safety and Health to implement the “Grassroots Injury-Illness Prevention” campaign, which will host several forums addressing the city’s safety issues and how to tackle them.

 

Dive Insight:

OSHA Philadelphia Area Office Director Nicholas DeJesse said that if the dead or injured workers’ employers would have provided adequate fall protection, the accidents could have been avoided.

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Philly’s new wage theft ordinance is now in effect

Posted by National Alliance for Fair Contracting on

You can file complaints through city if employer doesn’t pay out

JULY 07, 2016
BY DANIEL CRAIG

A new city ordinance gives employees working in the city of Philadelphia a tool to reclaim wages stolen by an employer.

The ordinance, signed into law by then-Mayor Michael Nutter in December 2015, went into effect on July 1.

The legislation was introduced by Councilman Bill Greenlee in an effort to curb the illegal practice in Philadelphia, where workers of color and those in the service industry are disproportionally affected, Al Dia News reported last year.

According to data, up to $32 million in wages is withheld from workers statewide every week, and about 93,000 instances of wage theft occur in that same time period in the Philadelphia metro area, according to the news outlet.

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D.C. Commits to $15 Minimum Wage by 2020

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July 13, 2016

by KIM SZARMACH

Mayor Muriel Bowser signed legislation on June 27 that had been unanimously approved by D.C. Council to raise D.C.’s minimum wage to $15 per hour by 2020. The minimum wage was increased to $11.50 on July 1 in accordance with a 2013 D.C. amendment, but the wage will rise faster from year to year because of the new Fair Shot Minimum Wage Amendment Act of 2016.

The legislation also increases base-pay for tipped workers, though many advocates have argued in favor of one minimum wage for all. “We believe that D.C. should follow the model of more and more jurisdictions around the country,” testified DC Fiscal Policy Institute Senior Analyst Ilana Boivie at a May hearing about the bill, “to eliminate the subminimum wage for tipped workers altogether, to address the severe income stability and other challenges these workers face.” District employers are responsible for making up the difference if their employees’ tips do not add up to at least minimum wage.

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Port Drivers Reach $5 Million Settlement in Misclassification Suit

Posted by National Alliance for Fair Contracting on

July 15, 2016

A class-action lawsuit representing nearly 400 Southern California port truck drivers has resulted in a $5 million settlement agreement with port trucking company group QTS, ending the three-year- long suit.

The lawsuit was brought by the Wage Justice Center and Asian Americans Advancing Justice-Los Angeles on behalf of Latino and Korean-American port truck drivers who claimed that they had been misclassified as contract workers in order to cheat them out of the wages and benefits granted to full employees.

This is the latest in a longstanding dispute between many port truck drivers serving the Ports of Los Angeles and Long Beach and the port trucking companies who classify drivers as independent contractors. Most recently, Premium Transportation Services filed, blaming its financial troubles on driver misclassification lawsuits and legal costs. QTS was also in the midst of bankruptcy proceedings during the lawsuit.

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Independent Contractor Misclassification: A Rising Tide

Posted by National Alliance for Fair Contracting on

Joeseph E. Vaughan & Thomas R. Bond, The Legal Intelligencer
July 21, 2016

Editor’s note: This is the first in a two-part series.

The U.S. Department of Labor has recognized the misclassification of employees as independent contractors as one of the most serious problems facing affected workers, employers and the entire economy. This agency points out on their website that the employment relationship between workers and the businesses receiving the benefit of their labor has fissured apart as companies have contracted out, or otherwise shared activities to be performed by other businesses. This is accomplished according to this agency through the use of subcontractors, temporary agencies, labor brokers, and franchising, licensing, and third-party management. This sharing may lead to the misclassification of employees as independent contractors in a variety of ways, such as employers simply mislabeling certain employees as independent contractors to reduce payroll course.

The Department for Professional Employees, a part of the AFL-CIO, maintains that employer misclassification of employees as an independent contractor is a widespread phenomenon in the United States. They note that the Internal Revenue Service (IRS) estimates that employers have misclassified millions of workers nationally as independent contractors.

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City of Berkeley Enacts First of Its Kind Wage Theft Prevention Ordinance

Posted by National Alliance for Fair Contracting on

By Valerie Gotten – Jul 20, 2016

BERKELEY, Calif. /California Newswire/ – Last night, the City of Berkeley approved a first-of-its-kind local ordinance aimed at preventing wage theft on local construction projects, Smart Cities Prevail announced today.

Authored by Councilmember Laurie Capitelli, co-sponsored by a majority of the Council and supported by construction industry trade associations and workers’ rights groups, the measure requires that developers and builders certify that all contractors performing work on large projects have complied with state wage and hour laws as a condition of winning a certificate of occupancy from the city.

“Enforcing wage laws is especially difficult in the construction industry, because unscrupulous contractors who cheat workers in order to win bids on large projects find ways of disappearing after the work is done,” said Smart Cities Prevail Policy Director Scott Littlehale. “By expanding transparency and accountability BEFORE a project is complete, Berkeley has taken an important step towards preventing wage theft and leveling the playing field for honest construction businesses competing for this work.”

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New York Establishes a Super IC Misclassification-Plus Task Force

Posted by National Alliance for Fair Contracting on

July 21 2016
Richard J. Reibstein

Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and Employee Misclassification. Those who follow IC misclassification developments in all 50 states, such as the publishers of this legal blog, were wondering why the annual Task Force Report issued by New York each February 1 for the past eight years had not yet been issued this year. Executive Order No. 159 tells us why – New York has now subsumed IC misclassification into a subset of “worker exploitation.”

Analysis of the New Executive Order

The Executive Order issued in 2007 establishing the Employee Misclassification Task Force required the Task Force to issue an annual report each February 1; this new Executive Order, however, has no such reporting requirement. Nonetheless, simultaneous with the issuance of Executive Order No. 159, the new and expanded Task Force issued its 2016 Report.

The Executive Order recites in its Preamble the reasons for the Governor’s action, and includes the statement that “an increasing number of employers in New York improperly classify individuals they hire as ‘independent contractors,’ even when those workers should be legally classified as ’employees’ . . . .” Neither the Executive Order nor the 2016 Task Force Report, though, provide any empirical data or basis on which the Executive Order based its conclusion that more and more employers in New York are either classifying workers as independent contractors or, more to the point, are misclassifying employees as ICs.

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Registration now open – 18th Annual NAFC Conference – San Diego, CA – Oct. 17 – 19, 2016

Posted by National Alliance for Fair Contracting on

July 6, 2016

NAFC will be holding its Annual Conference in San Diego, CA this year. The Conference will be held at the Hilton San Diego Resort and Spa on Mission Bay, just outside downtown San Diego. This year’s Conference will be jointly sponsored by the Center for Contract Compliance and will have both a national and California state specific focus. The NAFC National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments.

Register today, spaces are limited.

(Visit NAFC’s Conference Page)

(Download your registration form here)

USDOL Prevailing Wage Seminars for 2016

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Join us at a Prevailing Wage Seminar in your region!

The Wage and Hour Division (WHD) Prevailing Wage Seminars (Prevailing Wage Seminars) are three-day compliance trainings designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). In these seminars, conference participants will learn about the following:

  • The Davis-Bacon Act and McNamara O’Hara Service Contract Act
  • Executive Order 13495 “Nondisplacement of Qualified Workers”
  • Executive Order 13658 “Establishing a Minimum Wage for Contractors”
  • The process of obtaining wage determinations and adding classifications
  • Compliance assistance and enforcement processes
  • The process for appealing wage rates, coverage, and compliance determinations

 

There is no fee to attend these seminars; however, space is limited. If you wish to attend, please click on the registration link for your desired location and follow the registration prompts. Each attendee must register separately. If registration is not yet open for the event you wish to attend, please check back. Please feel free to email WHDPWS@dol.gov if you have any questions.

Date Location
August 23 – 25, 2016 Portland, OR

For more information regarding the upcoming prevailing wage seminars, as well as information on the DBA and SCA visit http://www.dol.gov/whd/govcontracts or call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243).

(Click Here to Register)

US DEPARTMENT OF LABOR SIGNS AGREEMENT TO PROTECT WORKERS FROM MISCLASSIFICATION WITH SOUTH DAKOTA DEPARTMENT OF LABOR AND REGULATION

Posted by National Alliance for Fair Contracting on

WHD News Brief: 06/01/2016
Release Number: 16-1055-NAT
Participants: U.S. Department of Labor’s Wage and Hour Division
South Dakota Department of Labor and Regulation

Partnership description: The U.S. Department of Labor’s Wage and Hour Division and the South Dakota Department of Labor and Regulation signed a three-year Memorandum of Understanding intended to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. The two agencies will provide clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, share resources, and enhance enforcement by conducting joint investigations and sharing information consistent with applicable law.

…

Quotes: “The Wage and Hour Division continues to attack this problem head-on through a combination of a robust education and outreach campaign, and nationwide, data-driven strategic enforcement across industries,” said David Weil, administrator of the Wage and Hour Division. “Our goal is always to strive toward workplaces with decreased misclassification, increased compliance, and more workers receiving a fair day’s pay for a fair day’s work.” David Weil, U.S. Department of Labor Wage and Hour Division Administrator

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