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Showing posts sorted by relevance for query wal-mart. Sort by date Show all posts
Showing posts sorted by relevance for query wal-mart. Sort by date Show all posts

Friday, August 22, 2014

How a Part-Time Pay Penalty Hits Working Mothers

Today's post was shared by The New York Times and comes from www.nytimes.com

Women get paid less than men in almost all jobs, but when women in low-wage jobs need to take time off work to care for children, they are at an even greater disadvantage.
If all employees got paid the same hourly amount (assuming they’re equally productive on the job), it would go a long way toward closing the gender pay gap, according to Claudia Goldin, a Harvard economist who has analyzed income data across occupations, including a new set of unpublished data on hourly workers that she prepared for the White House Summit on Working Families in June.
Instead, she has found, people in professions like law and finance get paid disproportionately more when they work extra-long hours. At the other end of the spectrum, people in low-wage jobs do not benefit much from working more, but get paid disproportionately less per hour when they work fewer than 40 hours a week. The penalty is similar for men and women — but ends up hurting women more, because they are far more likely to take breaks during their careers or need shorter or predictable hours to handle child care.


Working fewer hours in low-paying jobs, Ms. Goldin said, “can get even nastier, because of the problem that flexibility here is not just the number of hours but whether you even know which hours you’re going to be working.”
While the challenges are different at high-income and low-income jobs, the bottom line is the same: Employees, particularly parents, need some measure of...
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Thursday, June 12, 2014

Recycling Firm Accused of Wage Violations, Threats Against Workers Agrees to Settlement

Today's post was shared by FairWarning and comes from www.fairwarning.org

A Los Angeles recycling business accused of violating federal minimum wage and overtime rules, and pressuring workers to lie to government investigators, has agreed to pay more than $74,000 in back wages and damages to 13 employees in a settlement with the U.S. Department of Labor.

In a consent agreement filed this week in federal court in Los Angeles, Alkanan, Inc., and an owner of the firm, Karim Ameri, neither admitted nor denied wrongdoing. Ameri declined to comment on the settlement.

As reported by FairWarning, federal authorities in December obtained a restraining order to bar the firm from pressuring workers to mislead investigators, or threatening to report them to immigration authorities if they coooperated with the probe. According to a court document, Ameri “threatened to break an employee’s arm”, though an accountant for the business later told labor officials that Ameri got tripped up by language barriers and didn’t mean it as a threat of violence. Under the names Recycling Innovations and Valley Recycling, Alkanan operates seven bottle-and-can redemption centers in the San Fernando Valley area of Los Angeles.

“We are pleased to have reached a resolution in this case that will provide employees with the wages they worked hard to earn,” said Ruben Rosalez, regional administrator for the Wage and Hour Division’s western region, in a prepared statement. “We will use all available tools, including litigation,…to...

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Thursday, September 25, 2014

Working ‘Off the Clock’ is Not OK

Working ‘Off the Clock’ is Not OK.
Today's post was shared by Trucker Lawyers and comes from www.facebook.com
Pilot Travel Center employees in #‎Mississippi "were working through lunch, without pay" ... The employees ended up receiving "$141,096 in back wages and liquidated damages." This award made a difference in the lives of the employees and their loved ones, according to the article below. #‎workers
Here's the intro from the U.S. Department of Labor:
"Not paying workers for all of the hours they worked not only harms the workers, but also their families by depriving them of the wages they need to get by. Because of a Wage and Hour Division investigation, the employees at Pilot Travel Center received $141,096 in back wages and liquidated damages.
More information about workers’ rights and employers’ responsibilities also is available at www.dol.gov/whd."

Working ‘Off the Clock’ is Not OK.
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Saturday, September 28, 2013

Judge Orders New Jersey to Allow Gay Marriage

Dependency benefits under the NJ workers' compensation system are going to expand.

A New Jersey judge ruled on Friday that the state must allow same-sex couples to marry, saying that not doing so deprives them of rights that were guaranteed by the United States Supreme Court in June.
It is the first time a court has struck down a state’s refusal to legalize same-sex marriage as a direct result of the Supreme Court ruling, and with lawsuits pending in other states, it could presage other successful challenges across the country.
The decision was a rebuff to Gov. Chris Christie, a Republican who vetoed a bill passed by the Legislature last year that would have allowed same-sex couples to marry. His office said it would appeal to the state’s highest court. And he is likely to seek a stay preventing same-sex marriages from beginning on Oct. 21, as the judge ordered.
New Jersey was particularly ripe for a challenge after the Supreme Court ruling, because of a previous ruling by the state’s highest court in 2006. In that decision, in the case Lewis v. Harris, the New Jersey Supreme Court ruled unanimously that same-sex couples were entitled to all of the rights and benefits of marriage. But the court stopped short of saying they had a fundamental right to marry, and in an unusual step instructed the Legislature to define how to confer equal protection.
“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts,” Judge Mary C. Jacobson of State...
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Thursday, October 10, 2013

Supreme Court Rejects Tobacco Companies’ Appeal of Florida Case

Today's post was shared by FairWarning and comes from www.insurancejournal.com


The U.S. Supreme Court rejected the tobacco industry’s appeal of a Florida ruling that may help thousands of smokers sue cigarette makers over smoking-related illnesses.

The nation’s highest court today turned away arguments by Altria Group Inc.’s Philip Morris USA, Reynolds American Inc.’s R.J. Reynolds Tobacco and Vector Group Ltd.’s Liggett unit. They challenged a $2.5 million award to the family of Charlotte Douglas, who died in 2008 of lung cancer at age 62.

The Supreme Court has repeatedly declined to intervene in tobacco litigation in Florida, where more than 4,500 smoker suits are pending. So far, Florida juries have returned verdicts totaling more than $500 million against the industry, the companies said in their appeal.

Cigarette makers are seeking to limit the effect of a 2006 Florida Supreme Court decision, which said a jury’s factual findings against the industry in a class-action case could serve as the starting point for individual suits. The Florida high court reaffirmed that ruling in the Douglas case.

At the U.S. Supreme Court, the tobacco companies said they were being deprived of their constitutional right to due process of law.

“It is impossible to conclude with any certainty in any of these cases that any jury in any proceeding has ever decided all the elements of the plaintiff’s claims in his or her favor,” the companies contended in their appeal.

Douglas’s widower, James,...
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Tuesday, October 7, 2014

Who Are ‘We the People’?

Workers' Compensation dependency benefits were just modified by the US Supreme. In making the decision not to review its decision about same sex marriage, statutes conytaining the word "spouse" now have a new definition. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

Who is a person? How do you qualify for basic human rights? What is required for you to be able to speak or worship freely or to be free from torture?
Throughout American history, the Supreme Court has considered and reconsidered the criteria for membership in the club of rights, oscillating between a vision limiting rights to preferred groups and another granting rights to all who require protection. These competing visions have led to some strange results.
Corporations (as well as unions) can spend on political speech to further their group interests as though they were individual political actors. Corporations can assert religious rights to gain legal exemptions from laws that would otherwise apply to them. Muslim detainees at Guantánamo Bay, however, have none of these rights.
As a corporate litigator who has also spent more than a decade defending Guantánamo detainees, I have been trying to figure out why corporations are worthy of court protection and Muslims held in indefinite detention without trial by the United States at a naval base in Cuba are not.
The direction of the Supreme Court under Chief Justice John G. Roberts Jr. over the past decade has been anything but consistent. As the court readies itself for another term, it may not be possible to speak of a Roberts court jurisprudence at all. Even within the conservative and liberal blocs there are a range of views on the limits of executive power, the relationship between the federal government and...
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Thursday, October 24, 2013

Medical Device Litigation: Medtronic, Inc. v. Stengel

The US Supreme Court has invited The Solicitor General to comment on the the issue of Federal pre-emption of medical-device litigation. The petition for certiorari is still pending in this matter. Today's post was shared by WCBlog and comes from www.scotusblog.com


Issue: Whether the Medical Device Amendments to the federal Food,Drug, and Cosmetic Act preempt a state-law claim alleging that a medical device manufacturer violated a duty under federal law to report adverse-event information to the Food and Drug Administration.

DateProceedings and Orders
Mar 28 2013Application (12A931) to extend the time to file a petition for a writ of certiorari from April 10, 2013 to June 9, 2013, submitted to Justice Kennedy.
Apr 1 2013Application (12A931) granted by Justice Kennedy extending the time to file until May 10, 2013.
May 10 2013Petition for a writ of certiorari filed. (Response due June 13, 2013)
May 30 2013Order extending time to file response to petition to and including July 15, 2013.
Jun 10 2013Brief amicus curiae of DRI -The Voice of the Defense Bar filed.
Jun 13 2013Brief amici curiae of Washington Legal Foundation, et al filed.
Jun 13 2013Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Jul 15 2013Brief of respondents Richard Stengel, and Mary Lou Stengel in opposition filed.
Jul 30 2013Reply of petitioner Medtronic, Inc. filed.
Jul 31 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
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Wednesday, October 29, 2014

Antares Rocket, Bound for Space Station, Explodes



Last evening an unmanned Antares rocket blew up at launch at Wallops Space Flight Center. No injuries were reported. Actually the rocket failed a few seconds after launch and the The Range Safety Officer detonated the on board explosives to destruct the rocket before it deviated into a populated area. When I toured the launch site about 18 months ago I brought this question up to the Orbital officials which is the private company managing the rocket and the payload destined to to the International Space Station (ISS). Safety is a major concern for NASA and Orbital and last evening's events proved it. By the way, the rocket is an old Russian based vehicle with huge amount of  power. 

Today's post is shared from nytimes.com/
An unmanned cargo rocket carrying supplies to the International Space Station exploded seconds after liftoff Tuesday night.
The Antares rocket, carrying 5,055 pounds of supplies, science experiments and equipment, lifted off on schedule at 6:22 p.m. from NASA’s Wallops Flight Facility in eastern Virginia.
But soon after it rose into the sky, there was a flash of an explosion. “The ascent stopped,” Frank L. Culbertson Jr., the executive vice president of Orbital Sciences Corporation, the maker of the rocket, said during a news conference Tuesday. “There was some disassembly of the first stage, it looked like, and then it fell to earth.”
No one was injured.
Orbital, based in Dulles, Va., first launched a 14-story-high Antares rocket on its maiden flight in April last year. It then conducted a demonstration flight to the space station to show NASA the capabilities of the rocket and the cargo spacecraft. Then came two more flights carrying cargo to the space station, part of a program in which NASA has hired private companies to ferry cargo to the space station. Tuesday’s launch would have been the third of eight cargo missions under a $1.9 billion contract.
Orbital will lead an investigation. Mr. Culbertson said the company would not launch another Antares rocket until it had identified and corrected the problem.
Space Exploration Technologies Corp., of Hawthorne, Calif., known as SpaceX, has successfully flown four cargo missions to the space...
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Thursday, August 15, 2013

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Today's post was shared by WCBlog and comes from www.whitehouse.gov

The White House

EXECUTIVE ORDER
- - - - - - -
IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of...

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Monday, November 17, 2014

Walmart workers plan Black Friday protests over wages

Today's post was shared by Steven Greenhouse and comes from www.reuters.com

CHICAGO (Reuters) - A group of Walmart employees pushing for higher wages said on Friday they were planning protests at 1,600 Walmart stores nationwide on Black Friday, the biggest shopping day of the year in the United States.
The labor group, Our Walmart, said it had protested 1,200 to 1,400 Walmart stores last year on Black Friday, the day after the Thanksgiving holiday.
Wal-Mart Stores Inc, owner of Walmart brand stores, and the largest private employer in the United States, has been a target for activists in the contentious national debate over proposals to raise the minimum wage.
The announcement comes a day after police arrested 23 people outside a Los Angeles-area Walmart protesting what they say are the company's low wages and its retaliation against employees who pushed for better working conditions.
The arrests on Thursday followed several hours of protest by a number of Walmart workers in California, according to Our Walmart and The United Food and Commercial Workers International Union, or UFCW.
About 30 workers entered a Walmart store in the Crenshaw neighborhood of Los Angeles on Thursday morning and held a sit-down protest for two hours, UFCW spokesman Marc Goumbri said.
The workers then protested at a Walmart store in Pico Rivera in eastern Los Angeles where the arrests eventually took place.
"Over the last year, Walmart workers have pressured Walmart to change its pregnancy policy, provide access to more hours and most recently to pledge to phase out its...
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Sunday, May 4, 2014

Subway leads fast food industry in underpaying workers

Today's post was shared by Steven Greenhouse and comes from money.cnn.com



McDonald's gets a lot of bad press for its low pay. But there's an even bigger offender when it comes to fast food companies underpaying their employees: Subway.

Individual Subway franchisees have been found in violation of pay and hour rules in more than 1,100 investigations spanning from 2000 to 2013, according to a CNNMoney analysis of data collected by the Department of Labor's Wage and Hour Division.

Each investigation can lead to multiple violations and fines. Combined, these cases found about 17,000 Fair Labor Standards Act violations and resulted in franchisees having to reimburse Subway workers more than $3.8 million over the years.

It's a significant sum considering many Subway "sandwich artists" earn at or just above the minimum wage of $7.25 an hour.

The next most frequent wage violators in the industry are McDonald's and Dunkin' Donuts stores.

The numbers only reflect unlawful acts that have been caught. To be fair, Subway has more than 26,000 locations throughout the country -- the most of any fast food chain -- so it might not be surprising that it also tops the list of offenders.

That said, Subway's problems were considered serious enough to prompt the Department of Labor (DOL) to partner with the company's headquarters to boost compliance efforts last year.

"It's no coincidence that we approached Subway because we saw a significant number of violations," a Department of Labor spokesperson said.

The franchise model impact

In...

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Monday, May 26, 2014

McDonald’s Indigestible Excuse for Low Pay

Today's post was shared by Steven Greenhouse and comes from takingnote.blogs.nytimes.com

When Henry Ford realized it was good business to pay employees enough to buy the products they built, it was a breakthrough, not only because the idea challenged the reflex to pay as little as possible, but because the product was a car. He was talking real bucks.
In response to escalating protests by McDonald’s employees calling for higher wages and the right to form a union without retaliation, McDonald’s chief executive, Don Thompson, defended the company at the annual meeting on Thursday, saying that McDonald’s pays a competitive wage.
But what constitutes “competitive” in the fast-food industry is precisely the problem. Hourly pay averages about $9. The low pay is possible in party because employers rely on taxpayers to subsidize it through public assistance and on non-unionized workforces to swallow it. The competitive fast food wage, in short, is not enough to live on.
Mr. Thompson presumably knows that. But he is paid not to understand what the protestors are demanding because his own pay is based on profits that are derived in part by keeping worker pay low.
Of course, if the political economy were functioning as it is supposed to – with Congress imposing reasonable boundaries on businesses, markets and the economy – workers wouldn’t have to get their bosses to understand what it’s like to live on $9 an hour, because Congress would make sure that no one had to.
The McDonald’s workers are asking for $15 an...
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Sunday, September 1, 2013

A Labor Day Opportunity

Today's post was shared by US Dept. of Labor and comes from www.whitehouse.gov

Health Reform
Health Reform

Ed. note: This is crossposted from Work in Progress, the official blog of the Department of Labor. See the original post here.  Learn more about the history of Labor Day, and the history of the U.S. Department of Labor

Labor Day 2013 is special. This year marks the centennial of the U.S. Department of Labor – 100 years of working for America’s workers. And this past week, our nation reaffirmed the ideals of the 1963 March on Washington. This transformational event,
exactly 50 years ago, was just as much about labor rights as it was about civil rights.
For me, just like so many others then and now, these two movements are inextricably intertwined, their interests converging time and time again, their goals united in creating opportunity for all.
Watch this video on YouTube

For a guy like me who grew up in an immigrant family from Buffalo, the past few days have been pretty heady. At the Lincoln Memorial Wednesday, I couldn’t help but wonder if The Rev. Martin Luther King Jr. ever imagined that half a century after he stood on these steps, another African-American man would stand there – as president?

Wednesday, October 29, 2014

H&M Bans India’s Super Spinning After Report of Child Labor

Today's post was shared by Steven Greenhouse and comes from www.bloomberg.com

Hennes & Mauritz AB (HMB) will blacklist a spinning mill in southern India after a report claimed five manufacturers there use child labor and subjected workers, mostly women and girls, to “appalling” working conditions.

H&M will ban suppliers from using products made by Tamil Nadu-based Super Spinning Mills Ltd. (SSPM), the Stockholm-based company said today. A Bangladeshi supplier has used yarn produced at the mill, though H&M doesn’t have a direct business agreement, spokeswoman Lena Enocson Almroth said in an e-mail. Super was “unwilling to cooperate with H&M in a transparent way.”

The decision follows a report by the Centre for Research on Multinational Corporations, or SOMO, and the India Committee of the Netherlands which said workers face labor conditions “that amount to forced labor in the export-oriented southern Indian textile industry.” The report, which was compiled using a mixture of desk research and interviews on the ground with workers, covers five mills, including Super.

“This report is totally false,” Super Spinning Mills’ Managing Director A.S. Thirumoorthy said by phone from his office in Coimbatore in southern India. “Buyers from H&M and Decathlon regularly come and audit our facilities.”

The mill complies with all Indian...
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Friday, October 18, 2013

Thirty-one federal court facilities to be downsized

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Judge Smith

Thirty-one federal court facilities will be downsized or closed as part of a nationwide program to reduce work space.

This week, the Administrative Office of the U.S. Courts announced the program will claim more than $1.7 million in incentives in releasing underused offices back to the U.S. General Services Administration, which helps manage U.S. federal properties.

During the program’s first year, which ended Sept. 30, probation/pretrial offices accounted for four of the five largest cost-saving projects.

“It has been enormously successful,” said Judge D. Brooks Smith, who serves on the U.S. Court of Appeals for the Third Circuit and chairs the Judicial Conference’s Space and Facilities Committee.
“By offering courts a monetary incentive, we have given them an opportunity to focus on space reduction — and space reduction is priority No. 1 for the Space and Facilities Committee.”
The space reduction incentive program was approved by the U.S. Judicial Conference last September, as part of a long-term campaign by the judiciary to reduce space costs.

Last month, the conference expanded its space reduction goals and called on federal courts to reduce their overall space inventory target 3 percent by the end of fiscal year 2018.

According to the Administrative Office of the U.S. Courts, the initial participating projects and rent savings are expected to pay off all upfront costs, including the incentive...
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Tuesday, February 24, 2015

Hector and Brock have run their course, U.S. Supreme Court Declines Review

Today's post is shared from authored by The Honorable David Langham, the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. Contact him atdavid_langham@doah.state.fl.us. It is shared from his blog lojcc.blogspot.com/
In January, I published Hector is Gone in Florida, Is the U.S. Supreme Court Next? Essentially, the Florida Fourth District Court of Appeal concluded that Fla. Stat. §440.105(4)(b)9 makes it a crime to present false or misleading information in the process of obtaining a job.

Specifically, the provision states it shall be unlawful for any person " . . . [t]o knowingly present or cause to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of identity for the purpose of obtaining employment or filing or supporting a claim for workers’ compensation benefits."

Hector and Brock were each accused of doing so, providing information deemed to be inacurate. Though neither had workers' compensation injuries, they were charged under Chapter 440.

The Florida Supreme Court declined to review the decision of the Fourth District. There was then an effort to have the decision reviewed through the federal courts. However, the U.S. Supreme Court denied certiorari February 23, 2015. The appeals in both Brock and Hector have now run their course.

It...

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Thursday, November 7, 2013

Forty Percent Of Workers Made Less Than $20,000 Last Year

Wages set rates and premiums for workers' compensation. Increasing the wages of workers directly increases their benefits. Today's post was shared by Steven Greenhouse and comes from thinkprogress.org

Nearly 40 percent of all workers in the country made less than $20,000 last year, according to data from the Social Security Administration, which doesn’t include figures on benefits such as health insurance or pensions. That’s below the federal poverty threshold for a family of four and close to the line for a family of three. On average, these workers earned just $17,459.55.
Meanwhile, more than half of all workers made less than $30,000, not much more to live off of. Wider Opportunities for Women has estimated that a two-income family with two children needs to bring in nearly $72,000 a year to simply reach economic security. Two earners at this level won’t achieve that status.

As David Cay Johnston notes, the median wage was $27,519 in 2012, at the lowest level since 1998. That means half of all workers made more and half made less. But the average wage actually grew. “When the average wage grows but the median wage stagnates, it means that, statistically, only workers in the top half of the job market are experiencing increases,” he writes.
His analysis shows that most of the wage growth was for the top quarter of earners, or those who make about $50,000 and up. In fact, things are very good at the top. The number of workers making $5 million a year or more jumped by nearly 27 percent over 2011, and their total wages grew 40 percent, or 13 times the increase for all workers.
This income...
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