labor lawAdivision of labor law center

Every employer in Arkansas should take a few minutes during this busy season to update his or her 2008 Arkansas labor law posters.

The past year has brought myriad changes in labor law throughout the nation. And, more changes are on the way. California, Washington, Oregon, Colorado and ten other states will be raising their state minimum wage as of January 1, 2008.

Many of these changes affect labor law posters, which is why it’s important to update the posters at least once per year.

The official list of required 2008 Arkansas labor law posters include:

• Right-To-Know
• Minimum Wage
• Unemployment Insurance
• Workers’ Compensation

In addition to the state posters, federal law requires that every employer in the nation display a number of posters. These include:

• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

A number of these posters have been updated for 2008.

The past year saw a number of significant minimum wage violations, by employers who apparently did not read the labor law posters.

In September, two companies agreed to pay nearly $1 million in unpaid overtime to 382 workers employed in the wake of Hurricane Katrina. The workers were employed by L&R Security Inc. of New Orleans and HKA Enterprises Inc. of Duncan, South Carolina as subcontractors for CH2M Hill of Englewood, Colorado under a FEMA contract. Employees worked as security guards at FEMA trailer sites and in debris removal, but were not paid overtime in accordance with federal law.

In August, five jointly-operated restaurants in Long Island, New York were ordered to pay almost $1 million to 191 low-wage workers. The employees had been forced to work long hours for wages less than the minimum wage, without overtime pay.  The court ordered that if the employers did not pay up, their restaurants could be sold and the proceeds used to pay the employees.

In early July, the U.S. Department of Labor forced 107 subcontractors of KBR, Inc. of Virginia to pay some $1.5 million in back wages and benefits for up to 2,600 workers who participated in the Hurricane Katrina recovery project. The construction workers were involved in repairs to the Naval Construction Battalion Center in Gulfport Mississippi or the Naval Air Station/Joint Reserve Base in Belle Chasse, Louisiana. The U.S. Department of Labor is still searching for some of the workers involved in that case. Anyone who believes that they are owed back wages for these projects can contact the nearest U.S. Department of Labor office. The average payment per worker in that case was $616.

The minimum wage is scheduled to go up again in 2008. On July 24, the federal minimum wage will increase from $5.85 to $6.55 per hour. As with the increase in 2007, several other states will bump up their minimum wage, too, as a result of the federal minimum going up.

In other changes to labor law in 2007, Illinois also enacted a tough law regarding smoking. Almost every work environment, even restaurants bars and casinos are now non-smoking. Labor law posters will need to be updated as a result of these changes.

Until October, teens in Alaska could be employed by a gas station or convenience store that sold cigarettes. And though it was already illegal in Alaska for anyone under the age of 19 to buy cigarettes, people were concerned that these teens could be selling cigarettes to friends who might be underage. The Child Labor Laws, therefore, were amended to prohibit anyone under the age of 19 from selling cigarettes.

In addition to the changes in 2007, more changes are scheduled to occur in 2008. On January 1 and July 1, 2008, over 20 states will increase their state minimum wage.

Two recent studies show that while Americans waste a lot of time at work, they are among the most productive workers in the world, thanks in part to putting in long hours. 

If it seems like a lot of your employees and coworkers are wasting time…that’s probably because they are. A recent survey of 3,800 office workers shows that many people are highly adept at goofing off at work, a concern for many employers. 

Yet, according to a United Nations report on workplace productivity, Americans produce more per person than workers in any other developed nation. Their per-hour productivity is second only to workers in Norway, where the average worker generates goods worth $37.99 per hour. In the U.S., the average worker produces $35.63 per hour. This is more than any nation in the European Union, and about 50 cents more than in France, which ranks third.  

This is true despite the amount of time that American workers waste. A recent survey by MSN-Zogby shows that office workers waste an incredible amount of time. In fact, 21% of workers admit to watching TV online at work. And that’s not the worst of it. Six percent of workers freely admit looking at pornography on their work computer. Yet, a recent report by the U.S. Department of Labor hails American workers as among the nation’s most productive.  

And we don’t waste time only on the internet. More than 50% of workers in all age groups reported spending time gossiping, instead of working. About 46% said that they pay personal bills on company time, while 38% have looked for a new job online at work at sites like Careerbuilder.com. 

Twenty percent of workers have answered a personal call on their cell phone during a business meeting, while 17% admit to sending a personal text message while in conference. Parents did this more often than workers without minor children living in the home, 25% compared to 17%.  

Younger workers wasted more time than older workers, and were more likely to job-hunt online while at work. Workers aged 18 to 29 were more likely to engage in recreational activities at work than their older counterparts, regardless of the activity. A whopping 66% in this age group reported gossiping on company time. About 52% of  workers aged 30 to 64 admitted gossiping, with just 43% of workers over the age of 64 wasting company time in this way. 

Men wasted more time than women. Twenty-three percent of men admit to watching TV online at their work computer, while only 17% of woman do. For pornography, 10% of men admit accessing X-rated sites from their work computers, while only 1% of women indulged. The only exception to this trend was in gossiping, where more women than men admitted to spreading rumors at work, at 68% vs. 55%. 

The type of time-wasting that employees indulged in depends in part on their income bracket, although the lowest-paid workers waste the most time. Lower-paid workers wasted more time on the internet than those who earn more. They also sent more private emails and texts from meetings.  Nearly 50% of low-paid workers confessed to looking for a job online on company time – presumably, a better paying one. 

Among workers who earn $25,000 to $35,000 per year, 68% spent time gossiping at work. Workers in the middle income bracket spent more time paying personal bills at work, while the highest-paid workers took more personal calls during meetings.  

How is it possible that U.S. workers are so productive while wasting so much time? Well, it’s likely that workers in other countries are wasting even more time. Also, the MSN-Zogby survey measured the number of workers who had ever indulged in such an activity, not who did so on a regular basis. Finally, the survey didn’t differentiate between workers who waste 15 minutes per day on the Internet, and those who waste 4 hours per day. 

In response to a tragic accident at an oil refinery, OSHA has implemented policy changes that should impact Arkansas worker safety. The Occupational Safety and Health Administration, also known as OSHA, made these changes in response to an investigation of the oil refinery explosion.

An explosion ripped through a BP oil refinery in the spring of 2005. This refinery was located near Houston, and the images on television showed flames tearing through the sky and debris falling all around. This oil refinery employed 1,800 workers. Sadly, 100 of those workers were injured in the explosion. Even more tragically, 15 people died as a result of the explosion.

Following this horrible explosion, OSHA made the safety of oil refinery workers a priority. This commitment on the part of the agency became clearer following a hearing that was held recently. This hearing concerned a report created by the Chemical Safety and Hazard Investigation Board, also known as CSB. This report was about the explosion at the Texas refinery.

OSHA is conducting inspections on all oil refineries that fall within its jurisdiction in an effort to improve worker safety. During an inspection of another oil refinery that BP owns and operates, OSHA discovered the same violations that lead to the explosion near Houston. The inspections are necessary because OSHA feels that oil companies won’t, of their own volition, take the necessary steps to protect workers.

To conduct these inspections, OSHA has added 160 trained workers so far. These inspectors are trained in conducting Process Safety Management (PSM) inspections. By the end of August, 2007, the number of inspectors trained in conducting PSM inspections will have grown to 280. 

Along with state partners, OSHA completed 100 inspections of oil refineries in 2006. They have performed an additional 50 inspections so far in 2007. These inspections are important because they help protect workers. As the US Department of Labor discovered, BP learned nothing from the tragic death of workers near Houston. The inspections by OSHA should help.

According to Edwin G. Foulke Jr., Assistant Secretary of Labor for OSHA, “Employees who work in highway zones have one of the most dangerous occupations in the United States and these employees need not only OSHA’s support, but the support of everyone who gets behind the wheel on a daily basis.” He added, “There were nearly 1,100 work zone fatalities last year — that is a tragedy. I am hopeful that campaigns like this will help reduce those numbers.” 

In an effort to enhance Arkansas highway worker safety, OSHA is joining forces with the Roadway Work Zone Safety and Health Partners Alliance. The two organizations will work to increase the public’s awareness of the need to exercise caution near highway worker safety zones.

OSHA has designated the first week of April each year as National Work Zone Awareness Week. The campaign this year is entitled “Signs for Change.” This campaign will work to raise driver awareness of the need to be cautious and slow down around highway worker safety areas.

The number of injured highway construction workers each year totals 20,000. Of those, many die. The campaign hopes to prevent these terrible accidents.

As Jeffrey P. Koplan, M.D., M.P.H., Director of the Center for Disease Control, explains, “Every day, when orange traffic cones prompt us to slow down and drive carefully near work zones, we are reminded that highway and street construction is hard and potentially hazardous work.” He added, “As we enter the busy spring construction season, NIOSH’s new document offers practical and comprehensive advice for reducing workers’ risk of injury.”

This year’s national campaign kickoff was on April 3, at a highway construction site, the kickoff took place in Alexandria, Virginia on Interstate 495.

Highway workers face the very real danger of being struck by a car, truck, or piece of construction equipment. To increase driver awareness of highway construction workers, OSHA recommends that all highway workers wear vests that are highly visible and reflective. Since the main cause of death to highway workers in the US is acute trauma that happens at work, getting drivers to slow down and pay attention to warning signs in work areas is vital.

YouthBuild is an alternative education program that provides at-risk youth with training in high-demand occupations. The youth involved are often young people who have been in the juvenile justice system, or high school dropouts. Young people aging out of the foster care system or members of other at-risk groups are also accepted.

The U.S. Department of Labor recently announced a $47 million competition for YouthBuild grants. The announcement came from the Department’s Employment and Training Administration, or ETA. The YouthBuild grants will provide education, training and leadership development for at-risk youth while preparing them for higher paid, highly-skilled positions in construction and other industries.

In 2007, YouthBuild’s renewed emphasis is on post-secondary transitions to education, training and employment. The program also provides stronger links to the One-Stop Career Center system and community colleges. A greater emphasis will be place on participants in registered apprenticeship programs, because such programs lead to acceptance in the industry and professional certification. All of these changes have the same goal. They are geared towards helping youths find good jobs after completing the program. The YouthBuild program was established prior to 2002, as part of the U.S. Department of Housing and Urban Development. In 2006, a White House Task Force recommended transferring the program to the U.S. Department of Labor. 

The competition for YouthBuild grants is open to organizations including workforce investment boards, community groups, and faith-based groups. State and local housing development agencies and Indian tribes are also eligible to win the highly competitive awards.

This federal program allows youths to develop skills and get good jobs in the Arkansas labor market. Under the YouthBuild program, young people from at-risk groups develop skills while building affordable housing in distressed communities nationwide. The program provides young people with the opportunity for meaningful work and service to the community, as they are learning. The grants will go to about 100 communities throughout the U.S.