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Thursday, April 17, 2014
Georgia senate approves medical marijuana bill
Fault Lines Appear at Northwestern Over Union Vote
EVANSTON, Ill. — The imminent vote by scholarship football players at Northwestern on whether to certify a union has students, professors and athletes in other sports choosing sides.
When a regional director of the National Labor Relations Board ruled last month that the players were employees and therefore eligible to form a union, it sent shock waves through higher education and college athletics that hit hardest here at Northwestern, a university in the Chicago suburbs that is known more for its academics than its athletics.
“What it means for the athletic department and the greater economics of the school, I don’t think anyone knows exactly,” said Laura Beth Nielsen, a Northwestern professor of sociology and legal studies. “But no one is ambivalent.”
The varied viewpoints were on display at a meeting on Wednesday night organized by former Northwestern football players at a civic center here. Several dozen alumni attended, most of them former football players.
The meeting was led by Kevin Brown and Alex Moyer, two Northwestern players from the 1980s who said they were concerned about pressure being put on players. Brown contended that players on the team were being called by alumni and urged to vote against the union.
“We want the facts to be the facts,” said Brown, who said he did not have a stance on...
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Would Higher Minimum Wage for Tip-Earners Help or Hurt Struggling Low-Pay Workers?
Wages determine rates of workers' compensation. The lowest wage earners go unnoticed in the struggle to increase benefits. Today's post is shared from njspotlight.com .
Advocates decry current $2.13 per hour as unfair, while restaurant owners say hike would eliminate jobs, might backfire by reducing tips
An increase in the minimum wage for workers who rely on tips to $5.93 -- which would make New Jersey’s minimum wage for tip-earners one of the nation’s highest -- -- is being considered by the state Legislature
New Jersey law currently allows tip workers to be paid $2.13 an hour, but requires employers to pay additional compensation if the employee’s hourly wage and tips do not at least equal the general minimum wage. The federal tip wage is $2.13 and has not been increased since 1993.
The legislation, , was approved by the Assembly Labor Committee on March 24 by a 5-3 vote. It would increase the wage in two increments, from the current $2.13 an hour to $3.37 on Dec. 31, 2014, and to $5.93 on Dec. 31, 2015. The bill has not been scheduled for a floor vote and its Senate companion, S-1595, has not been scheduled for a Senate Labor Committee hearing.
Some tip-workers, and their advocates, say the increase is needed to stabilize the wages of bartenders, waitresses and others who rely on tips. Advocates say that many in the industry are barely scraping by, with many living below the poverty line.
Restaurant owners and the New Jersey Restaurant...
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Advocates decry current $2.13 per hour as unfair, while restaurant owners say hike would eliminate jobs, might backfire by reducing tips
An increase in the minimum wage for workers who rely on tips to $5.93 -- which would make New Jersey’s minimum wage for tip-earners one of the nation’s highest -- -- is being considered by the state Legislature
New Jersey law currently allows tip workers to be paid $2.13 an hour, but requires employers to pay additional compensation if the employee’s hourly wage and tips do not at least equal the general minimum wage. The federal tip wage is $2.13 and has not been increased since 1993.
The legislation, , was approved by the Assembly Labor Committee on March 24 by a 5-3 vote. It would increase the wage in two increments, from the current $2.13 an hour to $3.37 on Dec. 31, 2014, and to $5.93 on Dec. 31, 2015. The bill has not been scheduled for a floor vote and its Senate companion, S-1595, has not been scheduled for a Senate Labor Committee hearing.
Some tip-workers, and their advocates, say the increase is needed to stabilize the wages of bartenders, waitresses and others who rely on tips. Advocates say that many in the industry are barely scraping by, with many living below the poverty line.
Restaurant owners and the New Jersey Restaurant...
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McDonald’s Canada: A Guest Worker Program Under Scrutiny
The country’s Temporary Foreign Worker Program, as it is officially known, allows employers to hire foreign workers where there is a “” to do the job. But Canada’s guest worker system is under the microscope over its recruitment of foreign workers for low-skilled jobs, such as bagging burgers or cleaning hotel rooms, even as youth unemployment in Canada stands at almost 14 percent. Employers claim there simply aren’t enough Canadians to do these jobs.
“We have launched a comprehensive review of all corporate and franchise-operated restaurants across the country to ensure our operations are fully aligned with the requirements of the Temporary Foreign Worker Program and consistent with our McDonald’s Values,” McDonald’s Canada said Monday. “The Temporary Foreign Worker Program was created to help employers resolve staffing issues, and it provides important support for businesses when used as intended.”
The government recently launched an investigation into the hiring practices of both corporate-owned and franchise-operated McDonald’s outlets after employees of two separately owned franchises complained earlier this month that locals were being pushed out in favor of short-term, foreign guest workers. The local Canadian workers claimed the guest workers received more hours than they did, and that their hours and pay were cut as a result.
Christian Morrow, a 54-year-old assistant...
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EPA Enforcement Actions Against New England Painting Companies
Several recent settlements ensure that New England businesses performing painting and home renovation work are complying with requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The settlements also contain financial penalties which must be paid for alleged violations of EPA’s Renovation, Repair and Painting (RRP) Rule.
EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards, especially for children and infants. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations.
“Infants’ and children’s developing bodies are especially vulnerable to the harmful effects of lead exposure, which can include lifelong impacts such as developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems,” said Curt Spalding, regional administrator of EPA’s New England office. “The common-sense and easy-to-follow safe work practices found in the RRP rule are designed to help ensure that people are protecting their kids from suffering serious, lifelong health impacts from lead exposure.”
EPA recently reached settlements in the following lead paint RRP cases:
East Coast Pros LLC, Norwalk, Conn. – This company was hired in 2012 to perform renovations at the First Congregational Church on the Green in Norwalk. The church facilities were built before 1978 and included the L’il Critters Preschool facility, with approximately 80 children below the age of 6 enrolled at the time the renovation was being performed. An EPA inspection indicated that the company started renovation work and disturbed more than 20 square feet of exterior painted surfaces without using lead-safe work practices. EPA identified six RRP Rule violations, including: failing to provide the EPA information pamphlet “Renovate Right” to the owner or adult occupants of the L’il Critters Preschool facility, which is a child-occupied facility; failing to provide the EPA information pamphlet “Renovate Right” to the parents/guardians of children at the L’il Critters Preschool facility; not maintaining any records regarding TSCA and RRP rule compliance; failing to have RRP firm certification; failing to ensure that the company’s renovators were RRP-certified; and failing to contain renovation waste. The company has agreed to an expedited settlement of $3,577.
Bill Vizzo Contractors, LLC/Michael’s Painting, Shelton, Conn. – This company will pay a penalty of $2,200 for failing to comply with lead-based paint renovation requirements during renovation work at a residence in Monroe, Conn., in violation of the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting (RRP) Rule.
Gerard Therrien, Manchester, N.H. – Gerard Therrien performed painting and renovation work at a single family home in Manchester, N.H. During an inspection of the work, EPA identified RRP Rule violations, including: failing to properly cover the ground at the exterior of the building with plastic sheeting or other disposable impermeable material; failing to properly cover interior surfaces with taped-down plastic sheeting or other impermeable material; failing to contain waste from renovation activities to prevent releases of dust and debris; failing to obtain initial firm certification from EPA; failing to obtain a course completion certificate (proof of certification); failing to post signs clearly defining the work area at the work site. This matter was negotiated prior to filing an administrative action and Mr. Therrien agreed to pay a $2,980 penalty under EPA’s Pilot RRP Penalty Program for Micro-Businesses.
Collegiate Entrepreneurs, Inc., Braintree, Mass. – This corporation that specializes in renovating and painting apartment buildings and residences in Massachusetts and throughout New England paid a $30,000 penalty for alleged violations of the pre-renovation education and record keeping requirements of the Renovation Repair and Painting Rule. Their violations included failing to provide EPA’s lead hazard information pamphlet to customers before undertaking renovation projects in several Mass. communities, and failing to comply with the record-keeping requirements in connection with seven Mass. renovation projects during the summer of 2010.
EPA also recently announced settlements for alleged violations of the lead RRP rule for work to convert the former Frisbee School in Kittery, Maine into a community center. The companies involved were James J. Welch & Co., Inc., of Salem, Mass., hired as the primary contractor for the job, and New Hampshire Plate Glass Corp. of Portsmouth, N.H., which was hired as a subcontractor to install new replacement windows in the building. Under the settlements, JJ Welch will pay a penalty of $3,565, while NH Glass will pay a fine of $10,890.
EPA’s Renovation, Repair and Painting (RRP) Rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Since 2012, EPA has pursued 14 actions in New England to enforce the RRP Rule. Continued enforcement of the lead paint Renovation, Repair and Painting Rule ensures both that children are being protected from avoidable exposure to lead, as well as there being a “level playing field” for contractors following the health-protective work practices in the regulation.
More information:
- Lead paint RRP Rule (http://www.epa.gov/lead/rrp/index.html)
- Why lead is a health hazard (http://www.epa.gov/lead/learn-about-lead.html)
Related Stories:
EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards, especially for children and infants. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations.
“Infants’ and children’s developing bodies are especially vulnerable to the harmful effects of lead exposure, which can include lifelong impacts such as developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems,” said Curt Spalding, regional administrator of EPA’s New England office. “The common-sense and easy-to-follow safe work practices found in the RRP rule are designed to help ensure that people are protecting their kids from suffering serious, lifelong health impacts from lead exposure.”
EPA recently reached settlements in the following lead paint RRP cases:
East Coast Pros LLC, Norwalk, Conn. – This company was hired in 2012 to perform renovations at the First Congregational Church on the Green in Norwalk. The church facilities were built before 1978 and included the L’il Critters Preschool facility, with approximately 80 children below the age of 6 enrolled at the time the renovation was being performed. An EPA inspection indicated that the company started renovation work and disturbed more than 20 square feet of exterior painted surfaces without using lead-safe work practices. EPA identified six RRP Rule violations, including: failing to provide the EPA information pamphlet “Renovate Right” to the owner or adult occupants of the L’il Critters Preschool facility, which is a child-occupied facility; failing to provide the EPA information pamphlet “Renovate Right” to the parents/guardians of children at the L’il Critters Preschool facility; not maintaining any records regarding TSCA and RRP rule compliance; failing to have RRP firm certification; failing to ensure that the company’s renovators were RRP-certified; and failing to contain renovation waste. The company has agreed to an expedited settlement of $3,577.
Bill Vizzo Contractors, LLC/Michael’s Painting, Shelton, Conn. – This company will pay a penalty of $2,200 for failing to comply with lead-based paint renovation requirements during renovation work at a residence in Monroe, Conn., in violation of the Toxic Substances Control Act, the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting (RRP) Rule.
Gerard Therrien, Manchester, N.H. – Gerard Therrien performed painting and renovation work at a single family home in Manchester, N.H. During an inspection of the work, EPA identified RRP Rule violations, including: failing to properly cover the ground at the exterior of the building with plastic sheeting or other disposable impermeable material; failing to properly cover interior surfaces with taped-down plastic sheeting or other impermeable material; failing to contain waste from renovation activities to prevent releases of dust and debris; failing to obtain initial firm certification from EPA; failing to obtain a course completion certificate (proof of certification); failing to post signs clearly defining the work area at the work site. This matter was negotiated prior to filing an administrative action and Mr. Therrien agreed to pay a $2,980 penalty under EPA’s Pilot RRP Penalty Program for Micro-Businesses.
Collegiate Entrepreneurs, Inc., Braintree, Mass. – This corporation that specializes in renovating and painting apartment buildings and residences in Massachusetts and throughout New England paid a $30,000 penalty for alleged violations of the pre-renovation education and record keeping requirements of the Renovation Repair and Painting Rule. Their violations included failing to provide EPA’s lead hazard information pamphlet to customers before undertaking renovation projects in several Mass. communities, and failing to comply with the record-keeping requirements in connection with seven Mass. renovation projects during the summer of 2010.
EPA also recently announced settlements for alleged violations of the lead RRP rule for work to convert the former Frisbee School in Kittery, Maine into a community center. The companies involved were James J. Welch & Co., Inc., of Salem, Mass., hired as the primary contractor for the job, and New Hampshire Plate Glass Corp. of Portsmouth, N.H., which was hired as a subcontractor to install new replacement windows in the building. Under the settlements, JJ Welch will pay a penalty of $3,565, while NH Glass will pay a fine of $10,890.
EPA’s Renovation, Repair and Painting (RRP) Rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Since 2012, EPA has pursued 14 actions in New England to enforce the RRP Rule. Continued enforcement of the lead paint Renovation, Repair and Painting Rule ensures both that children are being protected from avoidable exposure to lead, as well as there being a “level playing field” for contractors following the health-protective work practices in the regulation.
More information:
- Lead paint RRP Rule (http://www.epa.gov/lead/rrp/index.html)
- Why lead is a health hazard (http://www.epa.gov/lead/learn-about-lead.html)
Related Stories:
Apr 09, 2014
BOSTON – In an effort to improve compliance with laws that protect children from lead paint poisoning, EPA is sending letters to approximately 200 home renovation and painting contractors, property management companies ...
Dec 17, 2013
In an historic ruling, a California Judge, held the lead paint pigment manufacturers liable for the damage they caused children by placing toxic lead pigment into paint. The companies will be held accountable for the ...
Dec 17, 2013
Lead paint manufacturers were held liable for creating a public nuisance. The Court ordered them to pay $1.1 Billion dollars in damages. The claim was prosecuted by a team of lawyers including those from Motley Rice LLC, ...
Dec 26, 2013
She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues ...
Massachusetts Prohibited From Banning Zogenix
A Federal Court has prohibited Massachusetts from banning the use Zogenix, a painkiller. This may signal a major challenge to workers’ compensation insurance company reform efforts to restrict opioid use and dependence on a State by State basis.
The Court reasoned: “The FDA has the authority to approve for sale to the publica range of safe and effective prescription drugs—here, opioid analgesics. If theCommonwealth were able to countermand the FDA’s determinations and substitute itsown requirements, it would undermine the FDA’s ability to make drugs available topromote and protect the public health.”
ZOGENIX, INC. v. DEVAL PATRICK, CIVIL ACTION NO. 14-11689-RWZ, US District Court District of MA, Decided April 15, 2014.
Related articles:
Nov 17, 2013
Addiction experts protested loudly when the Food and Drug Administration approved a powerful new opioid painkiller last month, saying that it would set off a wave of abuse much as OxyContin did when it first appeared.
Jul 02, 2013
The prescription painkiller epidemic is killing more women than ever before. New data shows prescription painkiller overdose deaths among women have skyrocketed. Since 1999, the percentage increase in deaths was more ...
Jul 12, 2012
As state workers' compensation reformers continue to be sidetracked with alleged prescription drug pain-killer abuse, the US Congress has entered the fray with proposed Federal legislation. It has been reported today by .
Wednesday, April 16, 2014
2 Executives Leave G.M. After Wide-Ranging Recall
DETROIT — In the first major shake-up of General Motors’ senior management since the company announced a wide-ranging recall in February, its chief spokesman and head Washington adviser, and its top human resources executive have left the company.
Selim Bingol, G.M.’s senior vice president for global communications and public policy, was part of the inner circle of Mary T. Barra, the automaker’s chief executive, handling strategy and the public response to the recall of nearly 2.6 million cars. The company announced his departure on Monday, along with that of Melissa Howell, senior vice president for global human resources. It did not say whether Mr. Bingol or Ms. Howell had resigned or if they were dismissed.
The departures are the first major executive changes under Ms. Barra, who took over in January.
Greg Martin, a company spokesman, said the departures were unrelated to the recall of Chevrolet Cobalts, Saturn Ions and other cars for defective ignition switches that are prone to turn off, shutting the engine and disabling the air bags. The company has linked the defect to 13 deaths.While Ms. Barra was expected to make management changes to reflect her strategic direction, the departures coincide with harsh criticism of how the company has handled the recalls.
Lawmakers have been particularly critical of Ms. Barra’s unwillingness to answer questions at congressional hearings on why G.M. waited more than a decade to address the...
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Selim Bingol, G.M.’s senior vice president for global communications and public policy, was part of the inner circle of Mary T. Barra, the automaker’s chief executive, handling strategy and the public response to the recall of nearly 2.6 million cars. The company announced his departure on Monday, along with that of Melissa Howell, senior vice president for global human resources. It did not say whether Mr. Bingol or Ms. Howell had resigned or if they were dismissed.
The departures are the first major executive changes under Ms. Barra, who took over in January.
Greg Martin, a company spokesman, said the departures were unrelated to the recall of Chevrolet Cobalts, Saturn Ions and other cars for defective ignition switches that are prone to turn off, shutting the engine and disabling the air bags. The company has linked the defect to 13 deaths.While Ms. Barra was expected to make management changes to reflect her strategic direction, the departures coincide with harsh criticism of how the company has handled the recalls.
Lawmakers have been particularly critical of Ms. Barra’s unwillingness to answer questions at congressional hearings on why G.M. waited more than a decade to address the...
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Related articles:
Corporate Conspiracy: Has Anything Really Changed?
Apr 07, 2014
All intentionally done to avoid corporate liability within the nation's civil justice system. Fortunately, the Courts balanced the playing field, and expanded benefits for injured workers and their families into a most realistic realm ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Corporate Liability: Halliburton ...
Jul 27, 2013
The US Department of Justice has announced that Halliburton Corporate Services has pleaded guilty to destroying evidence arising out of the 2010 Deepwater Horizon oil spill that occurred in the US Gulf of Mexico.
http://workers-compensation.blogspot.com/
Workers' Compensation: Exclusivity Doctrine Shields an ...
Apr 09, 2010
When a corporate entity is simultaneously an employer and a manufacturer of harmful products, workers' compensation serves to limit its tort liability with respect to its employees." Shamir v. Agilent, et al., MDL 875, Civil Action ...
http://workers-compensation.blogspot.com/
Lloyds Report Targets Potential Cell Phone Liability
Nov 16, 2010
... the Lloyds report compares the legal consequences of asbestos exposure and the development of mesothelioma and analyzes the complicity and enormous liability that resulted from corporate concealment and conspiracy.
http://workers-compensation.blogspot.com/
Corporate Conspiracy: Has Anything Really Changed?
Apr 07, 2014
All intentionally done to avoid corporate liability within the nation's civil justice system. Fortunately, the Courts balanced the playing field, and expanded benefits for injured workers and their families into a most realistic realm ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Corporate Liability: Halliburton ...
Jul 27, 2013
The US Department of Justice has announced that Halliburton Corporate Services has pleaded guilty to destroying evidence arising out of the 2010 Deepwater Horizon oil spill that occurred in the US Gulf of Mexico.
http://workers-compensation.blogspot.com/
Workers' Compensation: Exclusivity Doctrine Shields an ...
Apr 09, 2010
When a corporate entity is simultaneously an employer and a manufacturer of harmful products, workers' compensation serves to limit its tort liability with respect to its employees." Shamir v. Agilent, et al., MDL 875, Civil Action ...
http://workers-compensation.blogspot.com/
Lloyds Report Targets Potential Cell Phone Liability
Nov 16, 2010
... the Lloyds report compares the legal consequences of asbestos exposure and the development of mesothelioma and analyzes the complicity and enormous liability that resulted from corporate concealment and conspiracy.
http://workers-compensation.blogspot.com/
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