#U.S. Department of Labor

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U.S. Department of Labor Graphic Communication Standards Manual, 1974.

Designer: John Massey

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Let's take a moment on this Workers' Day to recognize the important role that workers play in shaping our society and economy. Your labor makes a difference, and we appreciate all that you do. Keep up the great work

Here is something for everyone CLICK HERE

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Can You Be Fired for Filing a Workers’ Compensation Claim?

Navigating the aftermath of a workplace injury can be confusing. The question of whether one can be fired for filing a workers’ compensation claim is crucial. Understanding your rights is important. Work-related injuries should not lead to further stress about job security. Filing a claim is a legal right meant to protect workers. It ensures they receive necessary care and financial help. Employers cannot legally terminate someone solely for pursuing these benefits. However, complexities arise. Employers may find other reasons for dismissal, making it seem unrelated to the claim. This is where an injury attorney can become vital. They help distinguish between lawful and unlawful actions. It’s essential to know the laws vary by state, which can affect the outcome. By understanding legal protections, employees can feel more secure. When facing such a situation, seeking guidance early can make a significant difference in your case.

Understanding Workers’ Compensation

Workers' compensation is a safeguard for employees who get injured or fall ill due to their job. This system provides medical benefits and wage replacement. The goal is to support employees as they recover. Most employers are required to carry workers' compensation insurance. This ensures employees do not have to bear the financial burden of workplace injuries alone.

Legal Protections for Employees

Federal and state laws protect employees from retaliation. Retaliation includes firing or any negative action taken against an employee for filing a claim. The U.S. Department of Labor ensures these laws are followed. Any retaliation can lead to legal consequences for employers. However, proving retaliation can be complex, as employers might cite other reasons for dismissal.

The Importance of Legal Representation

Sitting down with an attorney specializing in workers' compensation can provide clarity. An attorney can evaluate your situation to determine if your rights were violated. They can also suggest the next steps to take. Legal representation becomes crucial if an employer acts unfairly or dismisses someone after a claim.

State Variations in Workers’ Compensation Laws

Each state has its own set of workers’ compensation laws. These laws affect how claims are processed and what protections are in place. It’s vital to become familiar with your state’s laws to understand your rights. Consulting with a local attorney who knows these laws can be beneficial.StateRetaliation ProtectionsTime Limit to File a ClaimCaliforniaStrong Protections1 YearTexasModerate Protections1 YearNew YorkStrong Protections2 Years

Steps to Take if You’re Fired

If you believe you were fired for filing a claim, take action promptly. Document all interactions with your employer. Gather any written communication, including emails and letters. This can serve as evidence if needed. Reach out to an attorney who can help navigate your case and discuss potential outcomes.

Seeking Support and Guidance

Many non-profit organizations and legal aid services offer support to workers in these situations. They can provide advice and help you understand your rights. The Nolo Employee Rights guide can also be a useful resource. Seeking support can empower employees to stand up against unjust actions.

Conclusion

Filing a workers’ compensation claim is your right. You should not fear losing your job for exercising this right. Understanding the protections in place and seeking legal advice can ease anxiety. Employers must adhere to the laws protecting workers. If they don’t, then legal action may be a necessary step. Stay informed about your rights and seek guidance when needed. This ensures you can focus on your recovery without worrying about your employment status.

[nationallawreview]

You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant costs to the employer. Employers may be able to recover a portion of the immigration sponsorship fees by implementing what are called “clawback” provisions into their…

[furyblaze76tm]

CTO: Engineering

Duke University

Design: Wayne State University

$18,000: January 2023 - July 2024

- Slavery -

Michigan Department of Attorney General

Vice President Kamala Harris

U.S. Department of Education

U.S. Department of State

U.S. Department of Labor

[monkeyssalad-blog]

Farm to Win "Over There" by Library Company of Philadelphia Via Flickr: World War I-era poster places the image of a boy plowing over a battle in the background to recruit young men to join the U.S. Boys' Working Reserve, "the army behind the army." Published by the U.S. Department of Labor; artist: Adolph Treidler, ca. 1917-1919. Accession Number: P.2284.239 Click here to view the record of this poster on ImPAC, the Library Company's digital collections catalog.

[nando161mando]

US Department of Labor recovers $555K for more than 2,500 Intuit employees after software provider’s recordkeeping errors denied overtime wages

[marvelousmovies]

The Story of OSHA (1980) Documentary

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[ehssafetynewsamerica-blog]

BP Rides – and Fails –Again

Our purpose is reimagining energy for people and our planet. We want to help the world reach net zero and improve people’s lives. … We want to be an … BP Rides – and Fails –Again

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Minnesota Will Suffer from a Crackdown on U.S. Immigration  

Today “Minnesota is home to about 480,000 foreign-born residents, comprising about 8.5% of the population, according to the state Department of Employment and Economic Development (DEED). Those residents tend to be younger than Minnesota’s native-born population, and most are in their prime working years, filling jobs from agriculture to education to health care. Between 2011 and 2021, immigrants…

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Too Hot to Work? America's Next Big Labor Battle

— By Giulia Carbonaro | August 14, 2023

A Newsweek photo graphic showing, from left, Texas Gov. Greg Abbott, Joe Biden and U.S. Senator Sherrod Brown. Newsweek; Source Photo; Brandon Bell/Getty; Alessandro Rampazzo/AFP Via Getty; Angelo Merendino/Getty Images

American workers are dying, local businesses are reporting a drop in productivity, and the country's economy is losing billions all because of one problem: the heat.

July was the hottest month on record on our planet, according to scientists. This entire summer, so far, has been marked by scorching temperatures for much of the U.S. South, with the thermometer reaching triple digits in several places in Texas between June and July.

In that same period, at least two people died in the state while working under the stifling heat enveloping Texas, a 35-year-old utility lineman, and a 66-year-old USPS carrier. According to the Bureau of Labor Statistics, there were 36 work-related deaths due to environmental heat exposure in 2021, the latest data available. This was a drop from 56 deaths in 2020, and the lowest number since 2017.

"Workers who are exposed to extreme heat or work in hot environments may be at risk of heat stress," Kathleen Conley, a spokesperson for the Centers for Disease Control and Prevention (CDC), told Newsweek. "Heat stress can result in heat stroke, heat exhaustion, heat cramps, or heat rashes. Heat can also increase the risk of injuries in workers as it may result in sweaty palms, fogged-up safety glasses, and dizziness. Burns may also occur as a result of accidental contact with hot surfaces or steam."

While there is a minimum working temperature in the U.S., there's no maximum working temperature set by law at a federal level. The CDC makes recommendations for employers to avoid heat stress in the workplace, but these are not legally binding requirements.

The Biden administration has tasked the Occupational Safety and Health Administration (OSHA) with updating its worker safety policies in light of the extreme heat. But the federal standards could take years to develop—leaving the issue in the hands of individual states.

Things aren't moving nearly as fast as the emergency would require—and it's the politics around the way we look at work, the labor market, and the rights of workers in the U.S. that is slowing things down.

A Deep Political Divide

"There's remarkably little in terms of regulation, and of course, given our divided political views in this country—on the right, Republicans in general, are trying to resist more regulation that's premised on continuing global warming," Gregory DeFreitas, Professor of Economics and Director of the Center for the Study of Labor and Democracy at Hofstra University, New York, told Newsweek.

There's a bill, initially introduced in 2019 and now revived by Senator Sherrod Brown of Ohio, a Democrat, that would move in the direction of setting a federal standard for temperature levels, and other heat-related requirements.

The Heat Illness and Fatality Prevention Act would create a universal heat standard requirement through OSHA for workers threatened by hot working conditions.

"No worker should have to endure life-threatening heat to provide for their family. This would be an important step to protect Ohio workers on the job," said Brown in a statement available on his website. "We know too many workers still work in dangerous conditions, putting their health and safety on the line every day to provide for their families. There's not much dignity in a job where you fear for your health or your life."

Newsweek has contacted Brown for comment by phone but did not receive a response.

"Given the political divisions, it's hard to say what its chances of passage are, although you'd think that another record-setting year in heat would put more pressure on taking similar action," DeFreitas said.

Members of the Hays County Emergency Service Districts and the Kyle and Buda Fire Departments rest together while combatting a wildfire during an excessive heat warning on August 08, 2023 in Hays County, Texas. Brandon Bell/Getty Images

This political division over safety regulations in the workplace, according to DeFreitas, started during Donald Trump's presidency. "The minute Trump got in office, he declared war on regulations," he said. "In 2017, he cut OSHA's job safety rules, employers were not required to make as frequent accident reports, there were to be no surprise inspections of factories and workplaces," he said.

"As a result what you have is a weakened federal agency, but that fits with the idea of deregulating businesses and giving them more freedom—the so-called voluntary self-regulation, which was common under both the Bush and the Trump administration."

He added: "That's a deep philosophical orientation of the current Republican Party, regardless of what the dangers are, whether it is climate change or anything else, they want to cut as much regulation and regulatory steps as they can." Newsweek contacted OSHA but did not receive a prompt response.

Billions Up in Smoke

As well as harming or losing people, the country is losing money to the heat.

According to a recent study by the Adrienne-Arsht Rockefeller Foundation Resilience Center, housed at the Atlantic Council, the U.S. is already losing approximately $100 billion on average every year from the drop in labor productivity caused by the current level of heat.

That's "approximately the annual budget for the Department of Homeland Security ($51.7 billion) and the Department of Housing and Urban Development ($44.1 billion) combined (U.S. Government Publishing Office 2019)," researchers write.

The study estimates that, if no significant effort is made to reduce emissions or adapt to extreme heat, labor productivity losses could double to nearly $200 billion by 2030 and reach $500 billion by 2050.

For labor experts, there's no doubt that the extreme heat, which is becoming more frequent due to climate change and our collective failure to bring down carbon emissions on a global level, calls for drastic changes in the way Americans work.

"It's a huge but under-appreciated issue that we're dealing with, not just with outdoor workers, but also oil and gas field workers, people working in warehouses, construction workers," Kurt Shickman, director of Extreme Heat Initiatives at the Adrienne Arsht-Rockefeller Foundation Resilience Center, told Newsweek. "It's a huge swath of our economy that's already increasingly affected by the heat today."

When it's really hot outside, people work more slowly and they are more prone to make mistakes and have accidents, said Shickman. "You may have situations where the weather is so dangerous that you just physically can't have people outside, so you lose work hours," he added.

"We're going to need all kinds of dramatic changes in terms of factory design, warehouse design, and workplace design," said DeFreitas. "The bill is going to be very, very high unless we do something dramatic soon."

Shickman thinks that change is going to depend on regulation. "I don't think we can count on this being self-policed by businesses. It hasn't been so far."

A State-Level Battle

In the immediate future, protecting workers from heat stress—when it's so hot that the body can't keep its ideal internal temperature and can suffer heat stroke and exhaustion—is then up to state lawmakers and the businesses themselves.

California, for example, has set a maximum temperature at which outdoor workers can safely do their job, as well as introducing other regulations aimed at protecting employees, like more frequent periods in the shade and water breaks. More action has been taken in this direction in a handful of states including Minnesota, Washington, Oregon, and New York.

But while states like California have succeeded in introducing effective safety regulations, in other states similar attempts have been rebuffed by the opposition of industry groups and lobbyists.

In Texas, Republican Governor Greg Abbott recently approved a law rescinding city and county ordinances requiring mandatory water breaks for construction workers—a move that generated much controversy and backlash from Texas Democrats. Supporters of the bill, on the other hand, said the law will help rein in local and county officials that have exceeded their authority and will give small businesses the consistency they need to invest and grow.

Heat waves cause distortion on the horizon as a pedestrian walks along South Las Vegas Blvd in Las Vegas, Nevada, on July 30, 2023, as temperatures reach more than 100 degrees Fahrenheit. Patrick T. Fallon/AFP Via Getty Images

In Nevada, lawmakers for months have put off giving final approval to heat safety regulations adopted by OSHA, as the state's Department of Business and Industry discusses the concerns of industry groups over the new policies, as reported by The Washington Post.

"With our workers outside during extreme heat, requiring basic water and rest breaks is just common sense—and it will save lives," Nevada Senator Catherine Cortez Masto, a Democrat, told Newsweek. "As we continue to experience record heat waves, we need to hold employers accountable and protect workers across the country."

The Cost of Change

Investing in making the workplace safer for employees might cost companies more than they're willing to spend, even as they are losing workers' productivity and hours.

"A lot of the generalized skilled work, what we would call lower skilled work, is in warehouses," Lindsey Cameron, an assistant professor of management at the Wharton School, University of Pennsylvania, told Newsweek. "Warehouses are big, massive football fields. It costs a lot of money and a lot of infrastructure to try to cool down. And sometimes it's just impossible because you have all these trucks going in and out and people going in and out."

Some businesses have already moved to protect their workers from heat, knowing that the cost of ignoring the issue could eventually be higher than trying to fix it.

A construction worker moves materials as people sit and drink water along the steps of the Lincoln Memorial in Washington, DC, on July 27, 2023, as temperatures are expected to reach record highs. Brenden Smialowski/AFP Via Getty Images

Jose Garza, the national environmental health and safety leader at California-headquartered general contractor DPR Construction, told Newsweek that the company—which has over 10,000 employees—has implemented heat safety procedures that go beyond the state-mandated regulation, including introducing cooling stations, handing out electrolyte drinks, and giving more breaks to workers.

"We see it as the cost of taking care of people and the right thing to do," he said. "You can either plan for it or react to it, because if you're not planning for it, those breaks are going to happen when the worker is no longer able to work, when they're sick, when they're well beyond the point where their bodies are unable to cool themselves down."

Garza said that employers who care about their workers should go "above and beyond" available regulation to protect them from heat.

'A Long Time' Coming

Experts agree that change won't come from the businesses—and will likely not come soon unless there's committed political action.

"It's really going to take both state and federal movement on this," DeFreitas said. "And I'm hoping that certainly in states like New York, where there does seem to be more attention to workplace safety, that they can move in the direction of the federal bill that's now stuck in progress."

"I don't think the United States has such a great backbone when it comes to climate issues," said Cameron. "We pulled out of the Paris Agreement [under former President Trump in 2017, but rejoined in 2021 under President Joe Biden]. I think there's going to be a lot more attention given to climate change, but it may take a long time to be able to see those changes."

[racefortheironthrone]

Nobody is making anyone go into scriptwriting. No one is born in a Netflix company town where their dad takes them into the script mines at age 12. Fuck writers who want to get paid more than once for the same job. They should only get residuals AFTER all the people who do REAL WORK, like construction, grips, costume, makeup & animators etc. Most of them are much better at their jobs than writers especially for streaming services, and they are what screenwriters can lean on & novelists can't.

People need to realize that the unions for white collar people like WGA or SIEU or NEA (public sector unions are why cops who kill the people they were supposed to serve & protect remain employed get pensions) is not the AFL-CIO or any other historical union fighting for the lives of the people who built the country's industry and made it run, any more than the NRA are the Minutemen of 1775 New England.

First, go fuck yourself, you fucking scab. No, seriously - you don't come to my blog and spout off about what workers deserve unions and decent pay and what ones don't, like it's your fucking decision. The intellectual labor that writers perform is just as real as any other work done on a film set - "all who labor by hand or brain" is the inherent logic of industrial unionism for a reason.

Second, writers aren't asking to get paid more than once: residuals are deferred pay, you absolute moron. In Hollywood, whether it's writers or actors or voice talent or whatever, you get a small fraction up front - it's usually an ok check, depending on the union's day rates and so forth, but you can't make a living off stitching these together - and then most of your pay comes from monthly royalty checks that provide you with the income you need to live off when you're between jobs.

The problem is that, historically in Hollywood, residuals have been structured with a very long "tail" - the payments start out relatively low and then get more generous over time as the show has more seasons and (presumably) goes into syndication. This doesn't work with streaming's new business model, where increasingly shows are getting 2-3 seasons max and streaming services have become increasingly quick to not just cancel shows but yank them off their servers in order to avoid paying residuals.

So what WGA writers are fighting for is a system that ensures writers (but also actors and other creative workers, because the unions pattern bargain) get a fair share of the show's revenue, even if the show is only given 2-3 seasons.

Third, the U.S labor movement would not exist today if it wasn't for white collar workers and public sector workers. About half of the U.S labor movement - 7 million workers - is public sector, and those workers are overwhelmingly women of color, mostly working as either teachers or postal workers. Likewise, about half the U.S labor movement is made up of white collar workers, and we're graduate students and adjuncts and lab researchers, teachers and social workers, administrators and IT departments.

I'm both public sector and white collar, and I'm a member of an NEA union. I'm an adjunct professor who earns $6,000 a course and it's my job to get working adults with jobs and families who've never gone to college or who've been out of higher ed for a decade to graduate with a bachelor's or a master's. If you don't think that's real work, you're free to research and write all the lectures and powerpoints, deliver those in an entertaining and educational fashion, answer a flood of questions from students who need help navigating academia, and then grade all the midterms and finals and research papers.

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New DOL Salary Threshold for Most White-Collar Exemptions Is Now in Effect

Update July 1, 2024: The U.S. Department of Labor’s new rule on the required salary threshold for employees to qualify as exempt from overtime is now in effect as of July 1, 2024. Although the federal district court for the Eastern District of Texas issued an injunction blocking enforcement of the new rule against the State of Texas as an employer on Friday, June 28, 2024, that injunction does…