Posted on March 27th, 2009 by Tim Eavenson | No Comments »
Filed under: HR Issues, Politics | 
If you missed it, the Government Accountability Office issued a report of its investigation into the Department of Labor’s enforcement of wage and hour laws (that’s overtime and minimum wage stuff, mostly).
It was not complimentary:
GAO found that WHD frequently responded inadequately to complaints, leaving low wage workers vulnerable to wage theft. Posing as fictitious complainants, GAO filed 10 common complaints with WHD district offices across the country. The undercover tests revealed sluggish response times, a poor complaint intake process, and failed conciliation attempts, among other problems. In one case, a WHD investigator lied about investigative work performed and did not investigate GAO’s fictitious complaint. At the end of the undercover tests, GAO was still waiting for WHD to begin investigating three cases—a delay of nearly 5, 4, and 2 months, respectively.
Newly-minted Secretary of Labor Hilda Solis has released a response, outlining her plans for the investigative unit. The text of the DOL press release is below.
WASHINGTON — Secretary of Labor Hilda L. Solis today issued the following statement:
“I take the issues raised by the Government Accountability Office investigation regarding past Wage and Hour Division enforcement very seriously.
“As secretary of labor, I am committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.
“The department’s Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.
“The U.S. Department of Labor is the voice for working families, and I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country.”
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Posted on January 28th, 2009 by Tim Eavenson | No Comments »
Filed under: ., Discrimination, HR Issues, Politics |
[More coverage: President Obama Signs Ledbetter Fair Pay Act]
Yesterday, the House voted 250-177 to send the Lilly Ledbetter Fair Pay Act to the President’s desk. According to the San Francisco Chronicle, President Obama has indicated he will sign the bill tomorrow, making it the first major legislation approved under his tenure.
Named for the Plaintiff in a Supreme Court case the law effectively overturns, The Ledbetter Act alters the major discrimination laws – Title VII, the ADA, ADEA and the Rehabilitation Act – to make clear that each unequal paycheck an employee receives is a new discriminatory act, effectively continuing the statute of limitations for as long as the person is employed or receiving benefits from the company.
The Court had interpreted the original Act’s language, that the statute of limitations started at the time of “the alleged unlawful employment practice,” to mean that an employee had to bring a claim within 180 days of the initial decision to provide them unequal pay. Which meant Ledbetter, who was tipped off to her unequal pay at 70, months before retirement, was years too late to bring a valid claim.
Congress’s vote fell mainly along party lines; this was a statute that President Bush had vowed to veto had he seen it last year.
Republicans are concerned that the change will lead to stale lawsuits that are hard, if not impossible, to defend. Management-side attorneys are warning their clients that employee records that used to be cleared for shredding will now have to be stored indefinitely.
Proponents of the bill, including most Democrats, women’s-rights groups and organized labor, say the Ledbetter Act will finally provide the right statutory protection to level the playing field with regard to pay. The view was succinctly summed up by Senator Barabara McKulski of Maryland (the bill’s chief sponsor in the Senate) in the N.Y. Times:
“If you don’t want to be sued, don’t discriminate.”
This early passage of such a controversial bill is heralding a wave of legislation that’s likely to come throughout the year. Democrats have been holding onto similar bills until a more favorable climate arose for their passage, and have clearly found it in the new President and their increased power in both Houses of Congress.
The bulk effect of these changes may be a shift of power under U.S. labor and employment law away from business and into the hands of employees and their labor representatives.
Posted on January 1st, 2009 by Tim Eavenson | No Comments »
Filed under: ., HR Issues |
Eleven states will raise their minimum wages with the start of 2009. They are listed below, along with each state’s new minimum wage:
Arizona – $7.25
Colorado – $7.28
Connecticut – $8.00
Florida – $7.21
Missouri – $7.05
Montana – $6.90
New Mexico – $7.50
Ohio – $7.30
Oregon – $8.40
Vermont – $8.06
Washington – $8.55
The national minimum wage is currently $6.55 per hour, and is set to go up itself this July, to $7.25.
