Employer faces nearly $33,000 in proposed fines

SAN FRANCISCO – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Guam International Country Club for 17 alleged workplace safety violations found during an inspection at the club's maintenance shop in Dededo, Guam. Proposed fines total $32,900.

Date of Action:  Nov. 10, 2011

Type of Action:  Consent order and judgment

Names of Defendant: Family Care Management Plan and Michael Kaplan.

Allegations:  The lawsuit, filed in U.S. district court in Chicago, alleged that Family Care Management and trustee Michael Kaplan, failed to properly administer and terminate the company’s plan, which has prevented qualified participants from obtaining distributions of their individual account balances.

SEASONALLY ADJUSTED DATA In the week ending November 12, the advance figure for seasonally adjusted initial claims was 388,000, a decrease of 5,000 from the previous week's revised figure of 393,000. The 4-week moving average was 396,750, a decrease of 4,000 from the previous week's revised average of 400,750.

The advance seasonally adjusted insured unemployment rate was 2.9 percent for the week ending November 5, unchanged from the prior week's unrevised rate.

Audio file with remarks can be downloaded to air on radio

WASHINGTON – Dr. David Michaels, assistant secretary of labor for the Occupational Safety and Health Administration, is encouraging retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

Michaels' comments are available to radio stations for broadcast. To download the audio file, visit

Women denied employment at Santa Fe Springs, Calif., branch to receive back pay and job offers

LOS ANGELES — The U.S. Department of Labor's Office of Federal Contract Compliance Programs has reached an agreement with federal contractor Nishimoto Trading Co. to settle findings of hiring discrimination. In a conciliation agreement with the department, Nishimoto will pay $400,000 in back wages and interest to 71 women who were rejected for sales associate positions at the company's facility in Santa Fe Springs, Calif.

WEEHAWKEN, N.J. – The U.S. Department of Labor has sued Weehawken-based Worldwide Trade Resources Inc. for failing to administer and terminate the defunct company’s 401(k) plan, in violation of the Employee Retirement Income Security Act. As of Jan. 31, the plan had 52 participants and assets totaling $2.2 million, the latest data available.

WASHINGTON – The U.S. Department of Labor today announced a $2,261,417 National Emergency Grant to provide re-employment services to about 365 workers affected by layoffs at 12 companies throughout Massachusetts, including four employee staffing businesses that provided workers for the other companies.

Decision supports February ruling by Office of Administrative Law Judges

WASHINGTON — The U.S. District Court for the District of Columbia has ruled that United Space Alliance LLC must supply the U.S. Department of Labor's Office of Federal Contract Compliance Programs with compensation information requested for a review of the company's Cape Canaveral, Fla., facility. The ruling upholds a Feb. 28 decision by the department's Office of Administrative Law Judges.

Date of Action:  Oct. 25, 2011

Type of Action:  consent judgment and order

Names of Defendants: Frank Mitacek III, Susan Mitacek, and the Frank’s International, Inc. 401(k) Plan. 

Allegations: The defendants breached the fiduciary duties under ERISA by failing to remit, and remit timely, employee contributions and participant loan payments to the plan, causing losses to the plan of $21,853.91, including lost-opportunity costs. 

SEASONALLY ADJUSTED DATA In the week ending November 5, the advance figure for seasonally adjusted initial claims was 390,000, a decrease of 10,000 from the previous week's revised figure of 400,000. The 4-week moving average was 400,000, a decrease of 5,250 from the previous week's revised average of 405,250.

The advance seasonally adjusted insured unemployment rate was 2.9 percent for the week ending October 29, unchanged from the prior week's unrevised rate.

WASHINGTON — The U.S. Department of Labor's Office of Workers' Compensation Programs today announced a partnership with the National Academy of Sciences to further enhance the Site Exposure Matrices website, a tool that aids the adjudication of claims under the Energy Employees Occupational Illness Compensation Program Act.

Date of Action:  Nov. 8, 2011

Action: Consent order and judgment

Names of Defendants:  Christina Metzler, Westside Cabinet & Millwork Savings Incentive Match Plan for Employees Individual Retirement Accounts Plan located in Madison, Wis.

Allegations: Christina Metzler was the treasurer of Westside Cabinet and Millwork Inc., and fiduciary of the Westside Cabinet & Millwork SIMPLE IRA Plan, which was established in 1997.

WASHINGTON – Secretary of Labor Hilda L. Solis today issued the following statement on the Nov. 8 Ohio labor referendum, in which a majority of voters rejected a state law limiting collective bargaining:

"Last night, Ohio voters delivered a bona fide victory for public sector workers everywhere.

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging major retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

OSHA to focus on improving safety and health at nursing home facilities

Partnership will provide no-cost training and certifications to veterans in California, Florida, Texas, Virginia and Washington communities

ARLINGTON, Va. – The U.S. Department of Labor's Mine Safety and Health Administration announced today that an Administrative Law Judge with the Federal Mine Safety and Health Review Commission has upheld citations issued last May to Connolly-Pacific Co.'s Pebbly Beach Quarry, located on Catalina Island, Calif. The citations have now been appealed to the Commission.

WASHINGTON – The U.S. Department of Labor today announced a $3,448,259 grant to provide re-employment and support services to about 850 workers laid off in July due to the closure of the Goodyear Tire and Rubber Co. facility in Union City, Tenn.

Compliance assistance workshops covering H-2A and MSPA rules to be held in Arcadia, Avon Park and Dover

WASHINGTON – Secretary of Labor Hilda L. Solis today issued the following statement on the October 2011 Employment Situation report released today:

"Our nation's labor market posted stable growth in the month of October. The economy added 104,000 private sector jobs last month, and we also added 102,000 more jobs than had previously been reported in August and September. The unemployment rate dropped to 9 percent, its lowest level in six months.