Date of Action:  Jan. 15, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against J.E. Keever Mortuary Inc. in Ennis, Texas, and its principal owner to recover $80,000 in missing retirement funds affecting five employees.

Name(s) of Defendant: J.E. Keever Mortuary Inc., David Keever and J.E. Keever Inc.’s SIMPLE IRA Plan.

Employer name: Genpak LLC

Inspection site: 7621 Bill Joseph Parkway, Hope Hull, Alabama

Citations issued: The U.S. Department of Labor’s Occupational Safety and Health Administration issued citations to the employer on Jan. 13 for two repeated, six serious and one other-than-serious safety violation.

Employer name: A-1 Excavating Inc., Bloomer, Wisconsin

Inspection site: Valley Ridge Road, Middleton

Citations issued: Jan. 14, 2016

Employer name: Today’s Generation LLC, doing business as Jaws Shirts & Gifts

Investigation site: 3535 Parkway, Pigeon Forge, Tennessee

TULSA, Okla. – A federal judge in Tulsa overturned a jury verdict and ruled that El Tequila LLC and owner Carlos Aguirre willfully violated the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act. El Tequila and Aguirre must pay $2.1 million in back wages and liquidated damages to over 300 vulnerable workers.

Employer name: Elk Springs Resort Cabin Rentals LLC  

Investigation site: 1088 Powdermill Road, Gatlinburg, Tennessee

LINCOLN, Neb. ‒ A newly hired, 39-year-old worker who fell through a roof in October 2015 and later died, could have been saved if his employer provided required fall protection, the U.S. Department of Labor’s Occupational Safety and Health Administration has found.

Employers: St. James Home for the Elderly, Inc.

Sites:  

Employer name: A and S Tree Service Inc., PO Box 477, Clay, West Virginia

Inspection site: 222 Sweet Grape Run, Walton, West Virginia

Citations issued: On Jan. 6, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued citations for two willful, 11 serious and three other-than-serious violations.

In the week ending January 9, the advance figure for seasonally adjusted initial claims was 284,000, an increase of 7,000 from the previous week's unrevised level of 277,000. The 4-week moving average was 278,750, an increase of 3,000 from the previous week's unrevised average of 275,750.

Date of Action:  Jan. 8, 2016

Type of Action: U.S. Department of Labor filed a lawsuit against TSPA Holding Inc. in Austin, Texas, and its owner to recover $31,000 in missing retirement funds affecting three employees.

Name(s) of Defendant: TSPA Holding Inc., Derlis “Trey” Salinas, and TSPA Holding Inc. 401(k) Profit Sharing Plan.

WASHINGTON – The U.S. Department of Labor’s Employment and Training Administration today announced the availability of approximately $5 million for 10 grants of up to $500,000 each to put specialized American Job Centers within county, municipal or regional correctional facilities. By doing so, the grants will support an integrated approach that links pre-release services directly to post-release services.

Date of Action: Jan. 8, 2016

Type of Action: Default Judgment and Order

Names of Defendants: Rik Sanchez, Ants Software Inc., and Ants Software Inc. 401(k) Plan

WEST CHESTER, Pa. – A 30-year-old construction worker returned from a holiday weekend on July 6, 2015, ready to install gutters on new apartment and condominium buildings at 1323 West Chester Pike in West Chester. It was his first day on the job site, and his last as a builder.

As a rough terrain  forklift raised a makeshift platform on which he stood up three stories to the roof, the platform toppled and the man fell 40 feet onto the rubble below. The worker suffered serious and permanent injuries, including paralysis from the waist down.

Employer name: Amazon Fulfillment Services

Site: 50 New Canton Way, Robbinsville, New Jersey

Citation and hazard alert letters issued: On Dec. 21, 2015, the U.S. Department of Labor Occupational Safety and Health Administration’s Marlton Area Office issued one other-than-serious citation. On Dec. 30, 2015, one ergonomic-related hazard-alert letter was issued. Additionally, OSHA issued a medical-related hazard-alert letter on Jan. 7, 2016.

RALEIGH, N.C. – Investigations by the U.S. Department of Labor’s Wage and Hour Division have found violations of the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act at 10 San Jose Mexican Restaurant locations throughout the state. As a result, the restaurants will pay a total of $511,745 in back wages to 125 employees. The division’s Raleigh District Office led the initiative.

Violations found include:

BOSTON – A settlement agreement between the U.S. Department of Labor and Mass Bay Electrical Corp. commits the East Boston electrical contractor to extensive corrective action to prevent future deaths and injuries and establishes a training fund in the memory of Joseph Boyd III and John Loughran, who were killed when a crane toppled in Bourne on April 12, 2014.

Employer: Taqueria La Herradura LLC

Site: 6613 S. Jackson Rd., Pharr, Texas

Employer name: Peconic Recycling & Transfer Corp., 560 Commerce Rd., Cutchogue, N.Y.

Citations issued: On Dec. 29, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration cited Peconic Recycling for one willful and 11 serious violations of workplace safety standards at the company’s recycling facility in Cutchogue.

Employer name: Fukuvi USA Inc., Huber Heights, Ohio

Citations received: Dec. 21, 2015

Investigation findings: The U.S. Department of Labor’s Occupational Safety and Health Administration’s Cincinnati Area Office cited the plastic extrusion manufacturer for one willful safety violation for failing to install machine guarding on a puller machine.