US Department of Labor issues statement on United Airlines’ leave policies WASHINGTON - The U.S. Department of Labor’s Wage and Hour Administrator Jessica Looman issued the following statement in response to multiple inquiries regarding United Airlines’ leave policies: “Through numerous recent inquiries from workers, the Wage and Hour Division has become aware of a possible change in United Airlines’ leave policies. We will be working with the airline and workers to ensure that the company’s leave policies are in compliance with the Family and Medical Leave Act.” Learn more about the Wage and Hour Division’s enforcement of the Family and Medical Leave Act.
http://www.dol.gov/newsroom/re....leases/whd/whd202407

US Department of Labor investigation leads major maritime cargo shipping operator to change reporting policy for employees NORFOLK, VA – As part of a settlement with the U.S. Department of Labor, Maersk Line Limited - one of the world’s largest marine cargo services providers - will change its safety reporting policies and compensate a seaman the company terminated after they reported safety concerns to the U.S. Coast Guard without first notifying their employer.The actions follow a three-day hearing in June 2024 where Maersk challenged the findings of a whistleblower investigation by the department’s Occupational Safety and Health Administration found the company violated the employee’s rights under the federal Seaman’s Protection Act by retaliating against the seaman. OSHA found the company policy, which forbid employees from contacting the USCG or other federal, state or local regulatory agencies without first notifying the company, violated federal law. Workers have the right to report safety concerns directly to authorities without fear of retaliation.The investigation began after the seaman alerted the U.S. Coast Guard about safety concerns aboard the Safmarine Mafadi, a 50,000-ton, 958-foot container ship, in December 2020. They included lifeboat equipment in need of repair and replacement, crew members onboard in possession of, and possibly consuming alcohol, improper supervision of cadet seamen, and a bilge system not preventing cargo holds from flooding.“The Department of Labor will enforce workers’ protected rights as whistleblowers under federal law,” said Solicitor of Labor Seema Nanda. “No employer may violate whistleblower regulations or create policies that require employees to notify their employer before they report concerns to federal regulatory agencies. This seaman showed the kind of bravery for which mariners have long been known by raising concerns that, left unchecked, could have endangered everyone aboard the Safmarine Mafadi.”In a settlement reached after the hearing in Boston, Maersk agreed to make the following changes:Remove any requirement that workers notify the company before contacting the U.S. Coast Guard.Refrain from retaliation against seamen who contact the USCG.Provide all supervisors with training on the revised policy.Distribute OSHA’s Seaman’s Protection Act Fact Sheet to seamen aboard its U.S. flagged vessels for the next two years.“This case is an important affirmation that all mariners have the option to contact the U.S. Coast Guard directly for addressing a safety concern,” said Rear Admiral and Assistant Commandant for Prevention Policy for the U.S. Coast Guard Wayne Arguin. “Safety requires a team approach. The size, complexity and importance of the marine transportation system demand that everyone work together to prevent casualties and minimize supply chain disruptions.”Maersk also agreed to future compliance with all applicable regulations and to compensate the terminated seaman for lost wages and damages. Under the terms of the settlement, Maersk did not admit to violations of the Seaman’s Protection Act.“This resolution is a victory for mariners aboard U.S.-flagged vessels worldwide,” said Assistant Secretary for Occupational Safety and Health Douglas L. Parker. “Workers who cope with the ocean’s natural hazards should never fear reporting concerns about their vessel’s safety. Maritime industry workers are vital to the well-being of our nation, and there is no place for policies that restrict their rights to alert authorities to unsafe conditions.” Headquartered in Norfolk, Maersk Line Limited operates the largest U.S. flag fleet in commercial service and employs about 700 U.S. mariners. The company is the largest subsidiary of A.P. Moeller-Maersk, the global Denmark-based provider of maritime transport, logistics services and terminal operations.OSHA enforces the whistleblower provisions of the Seaman’s Protection Act and more than 20 other statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.Read the settlement agreement. Editor's note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.
http://www.dol.gov/newsroom/re....leases/osha/osha2024

US Department of Labor recovers more than $1.5M in back wages, damages for 430 HVAC technicians misclassified by Dallas-area company DALLAS – In one of the largest recoveries of its kind, the U.S. Department of Labor has recouped more than $1.5 million in unpaid overtime wages and damages from a heating, ventilation and air conditioning company that deprived 430 technicians of their rights, protections and benefits under law by misclassifying them as independent contractors.The recovery follows an investigation by the department’s Wage and Hour Division that found C&G HVAC LLC in Dallas owed the affected technicians $756,158 in unpaid overtime wages and an equal amount in liquidated damages. “C&G HVAC denied these technicians their full wages, hurt taxpayers by not paying related payroll taxes and gained an unfair advantage over their law-abiding competition,” explained Wage and Hour Division’s Southwest Regional Administrator Betty Campbell in Dallas. “These employees, who do essential work installing, maintaining and repairing cooling systems in North Texas, stand to collect thousands of dollars in back wages and damages owed to them for their hard work.”Preventing employee misclassification has been a Wage and Hour Division priority as the improper employment practice deprives workers of their rights to minimum wage, overtime pay and other protections. In fiscal year 2023, the division recovered over $24.5 million in back wages for about 20,000 misclassified workers nationwide. In Texas, the division recovered $2.2 million for 5,100 misclassified workers. “The Wage and Hour Division will take decisive action when employees are misclassified as independent contractors. C&G HVAC has learned there are significant consequences for violating the rights of their employees and failing to comply with federal law,” Campbell added. “We encourage other employers to take note of this case’s outcome and to ensure that they are affording their employees the minimum wage and overtime pay they are entitled to under the law.” Whether a worker is an employee or an independent contractor under the Fair Labor Standards Act requires an analysis of the economic realities of the worker’s relationship with the employer. Established in 2017, C&G HVAC LLC in Dallas provides heating, ventilation and air conditioning repair services in North Texas.Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. Calls are confidential and the division can speak with callers in more than 200 languages. Download the agency’s new Timesheet App for iOS and Android devices, now available in English and Spanish, to ensure hours and pay are accurate.                                                
http://www.dol.gov/newsroom/re....leases/whd/whd202407

US Department of Labor recovers more than $1M in back wages from South Carolina federal contractor for 43 workers GOOSE CREEK, SC – The U.S. Department of Labor has recovered $1,091,515 in back wages for 43 employees of a Goose Creek federal contractor that paid them rates lower than required by federal law.The department’s Wage and Hour Division learned that – after acquiring Honeywell Technology Solutions Inc. – KBRwyle Technology Solutions LLC changed the title of quality control inspectors used by the original contract holder from supply technicians to technical instructors. While the employees still performed the same work as quality control inspectors, the employer paid them rates lower than the required prevailing wage rate, violating the McNamara-O’Hara Service Contract Act. The practice also resulted in the company paying overtime at a lower rate than required, a violation of the Contract Work Hours and Safety Standards Act. “Contractors must follow requirements specified for work performed under federal contracts to make certain they pay employees the correct wages for the type of work they do,” explained Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Workers on federal contracts perform critical work for our country. We enforce prevailing wage laws to ensure that the workers who help our country run receive their full, hard-earned wages.” KBRwyle Technology Solutions LLC assumed the federal contract awarded to Honeywell Technology Solutions for logistical support by the U.S. Army. The company is a subsidiary of KBR, the Houston-based science, technology and engineering company, which employs about 35,000 people worldwide in more than 80 countries with operations in over 30 countries. Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including numerous online resources for employers, such as a website for frequently asked questions about the McNamara-O'Hara Service Contract Act and the Contract Work Hours and Safety Standards Act. Workers can call the Wage and Hour Division confidentially with questions – regardless of their immigration status – and the department can speak with callers in more than 200 languages. Workers and employers can help ensure hours worked and pay are accurate by downloading the department’s Android or iPhone Timesheet App for free in English and Spanish. 
http://www.dol.gov/newsroom/re....leases/whd/whd202407

Department of Labor, Office of the Trade Representative seek review of alleged labor rights denial at Impro Industries in San Luis Potosí WASHINGTON – The U.S.-Mexico-Canada Agreement’s Interagency Labor Committee for Monitoring and Enforcement today requested the Mexican government conduct a review at Impro Industries, a Chinese-owned parts manufacturer in San Luis Potosí, based on its finding that workers’ rights were denied at the facility.The Secretary of Labor and U.S. Trade Representative co-chair the Interagency Labor Committee.The request follows a June 24, 2024, petition filed by La Liga Sindical Obrera Mexicana, the Mexican union, and the International Lawyers Assisting Workers Network.Filed under the USMCA’s Rapid Response Labor Mechanism, the petition alleges the company dismissed an LSOM delegate for organizing workers and that irregularities existed in the collective bargaining agreement revision vote procedures. A U.S. government investigation found evidence that merited a request for review.“We are deeply concerned by the dismissal of a union delegate for exercising what should be protected union activity,” said Deputy Undersecretary for International Affairs Thea Lee. “This action violates Mexican labor laws and undermines the labor protections established under the U.S.-Mexico-Canada Agreement. We look forward to working closely with the government of Mexico to resolve this issue.” Sufficient and credible evidence supporting the denial of workers’ rights at Impro Industries allowed the committee to invoke the USMCA’s Rapid Response Labor Mechanism, or RRM.“The United States has now invoked the Rapid Response Mechanism twenty-five times in the past three years, directly benefiting over 36,000 workers and demonstrating our steadfast commitment to utilize the RRM to lift up workers at home and abroad,” said Ambassador Katherine Tai. “We look forward to continuing our collaboration with the Government of Mexico to ensure the rights and welfare of the workers concerned in this matter are fully protected.” Mexico’s government has 10 days to decide whether to conduct a review and 45 days to investigate the claims and present its findings. Impro Industries subsidiary facility in San Luis Potosí produces cast and machined parts for export, including to the U.S. Headquartered in China, the company produces parts for the energy, medical, automotive and agricultural industries for clients that include Bosch, Caterpillar, Cummins, Honeywell, HUSCO and Parker-Hannifin.The USMCA’s Interagency Labor Committee authorized the RRM petition.Learn more about the department’s international work.
http://www.dol.gov/newsroom/re....leases/ilab/ilab2024