A $1.7 million employment grant was awarded to the state of Missouri to provide training assistance for workers who lost their jobs as a result of several recent mass layoffs. The mass layoffs included:

• Chrysler LLC in Fenton, Missouri
• Integram St. Louis Seating in Pacific, Missouri
• Yushin USA Ltd. in Kirksville, Missouri

“This $1.7 million grant will provide these Missourians with employment services to help in starting a new career in a growing industry,” said U.S. Secretary of Labor Elaine L. Chao.

All workers impacted by these layoffs have been certified for Trade Adjustment Assistance (TAA). TAA is a federal program that can provide additional benefits, beyond the normal unemployment insurance payments, to workers affected by mass layoffs or plant closures. Under TAA, workers can receive unemployment benefits for a year or more. In addition, TAA offers workers training in new skills to help them secure jobs in a different market sector, including tuition and benefits. In some cases, laid-off workers who earn less at their new job qualify for partial payments through TAA for up to 18 additional months, even while they are working.

The Missouri training grant is awarded to the Missouri Division of Workforce Development and will provide workers with services not covered under the TAA program. The grant will be used to provide a menu of services to workers, including assessment, career counseling and case management. Services and benefits already available to these workers under TAA may include training, job search allowances, relocation allowances and a health coverage tax credit, among others.

This grant benefits an area that has been hard-hit in recent months by various layoffs and plant closures. On Nov. 2, 2007, Chrysler LLC announced that it would be eliminating the second shift at its Fenton, Mo., plant, affecting approximately 1,078 workers.

This change triggered a domino-effect as Chrysler’s suppliers responded to changing market conditions.

On the heels of that announcement, Chrysler suppliers Integram St. Louis Seating announced that they would lay off 326 workers. Then Yushin USA Ltd. announced that they would be laying off about 100 workers.

Of the total announced, $958,608 will be released initially. Additional funding up to $1.7 million will be made available as the state demonstrates a continued need to serve workers affected by these layoffs.

On the same day, the U.S. Department of Labor announced a $250,000 Regional Innovation Grant to assist the state of Connecticut in developing regional talent development strategies. These plans will specifically focus on increasing the technical and engineering skills of Connecticut workers. The project covers the eastern Connecticut region, as well as Worcester County in Massachusetts and Washington County in Rhode Island.

“Eastern Connecticut is working across state boundaries to ensure area workers have opportunities to build the kinds of technical skills that are in demand,” said acting Assistant Secretary for Employment and Training Brent R. Orrell. “The $250,000 this grant provides will help bring together business and education leaders to address skills shortages and establish plans for long-term talent development.”

The grant goes to the Eastern Connecticut Workforce Investment Board. It will be implemented by the newly formed Engineering and Technical Skills Task Force.

Members of the Skills Task Force will collaborate with area educational partners to analyze the region’s capacity to offer engineering and technical skills training programs and issue recommendations to address existing and emerging skills gaps.

Normally, when a grant such as this identifies employer needs and a plan to train workers, it is followed by a larger training grant, such as the one in Missouri.

The project also will support plans to increase the number of engineering degree programs, and strengthen connections between employers and potential workers through internship and apprenticeship programs.

The current state minimum wage in Kentucky mirrors the federal minimum wage of $6.55 per hour. Slightly more than 3 weeks after the increase, the federal minimum wage will also rise by 70 cents per hour to $6.55 per hour.

The Kentucky minimum wage for tipped employees remains unchanged at $2.13 per hour under KRS 337.275 (2)

In Kentucky, the Division of Employment Standards, Apprenticeship and Training is responsible for the administration and enforcement of Kentucky’s minimum wage, overtime, wage payment, child labor, wage discrimination laws and the equal opportunities provisions including the rights of the physically disabled. This division is charged with investigating allegations of statute and regulation violations and rendering findings “in a timely and efficient manner.”

The last increase to the Kentucky minimum wage occurred on June 26, 2007 when the state minimum wage went from $5.15 per hour to $5.85 per hour. This increase occurred almost a month before the similar increase in the federal minimum wage.

Under the Kentucky state wage and hour laws, employers are required to pay workers overtime at 1.5 times the worker’s usual hourly rate, when the employee puts in more than 40 hours in a single week. State law also requires that employers pay

Giving “comp time” instead of paying overtime is illegal under state law. Employees who are not legally entitled to overtime can be given “comp time.”

Under state law, employees are entitled to a meal period between the 3^rd and 5^th hour of the shift. Kentucky law does not define the meal period, other than to say that it must be “reasonable.” The meal period may be eliminated in cases where the employee and employer have mutually agreed to another arrangement. If the employee is completely relieved of all work duties, the meal period may be unpaid.

There is no state law that Kentucky employers must pay workers for unused, earned vacation time upon termination. That is determined by the employer’s written policy or past practice. Employees who are terminated for any reason, or who resign, are entitled to a final paycheck on the next regular payday, or within 14 days – whichever is sooner.

Most Kentucky employees are entitled to overtime pay for the entire day when they work 7 days in a workweek. However, an employee who works less than 40 hours in the week is exempt. In addition, workers in a number of occupations are exempt from this “seventh day overtime” law including:

• Stenographers
• Bookkeepers
• Lawyers and other licensed professionals
• Technical Assistants of licensed professionals
• Railway employees
• Sailors
• Truck Drivers subject to Department of Transportation regulations
• Supervisors, foremen, or superintendents.

Under the Kentucky minimum wage laws, deductions to a worker’s paycheck for cash shortages or damaged items cannot cause wages to fall below the minimum wage.

Employers must advise workers of any change in work hours or rate of pay in advance. They can also put any worker on salary – but that may not eliminate the need to pay overtime under federal or state law.

Kentucky employers can require that employees be paid by direct deposit as long as the employee has the ability to withdraw his or her entire net pay without paying any fees to the financial institution.

The Detroit Workforce Development Department will use a grant of $1,850,000 to train workers in the hospitality and retail industries.

A grant of $2 million goes to the St. Clair County Community College to train workers in transportation, distribution and logistics. The school is located in Port Huron, a small city on the US/Canada border that features the Blue Water Bridge.

An Auburn Hills community college is the third winner. Workers for the nanotechnology industry will train at Oakland Community College under a $1,960,497 grant. The school in southeast Michigan is best known for its participation in the Michigan No Worker Left Behind program of job training for the unemployed.

The President’s Community Based Job Training Grants Initiative awards grants to community colleges and training facilities to help workers compete for jobs in high-growth industries. The program was established in 2005 and awarded grants to 72 institutions. In 2006, the second round awarded 70 grants.

In 2008, according to a recent announcement by the U. S. Department of Labor , 69 community colleges across America were granted $125 million under this program.

These funds will assist workers in 36 states, including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.

Secretary of Labor Elaine L. Chao said, “Community colleges are in a unique position to prepare local workers for careers in high-growth industries. The $125 million awarded today will expand enrollment in education and training programs and provide more workers with the skills they need to succeed.”

The focus of the Community-Based Job Training Grants is to provide community colleges with programs to train people in areas where industries need workers with a particular set of skills. For example, a grant for training in the energy industry may be awarded to a community college in New Mexico near a cluster of nuclear power plants that require more skilled workers.

As a result of factors such as globalization, technology, innovation and an aging workforce, many industries are in dire need of skilled employees. Industries across the county, including advanced manufacturing and construction are seeking skilled employees. Regional industries, too, are in need of qualified workers. For example, Crescent City, California’s hospitality industry needs skilled workers.

Participating in VFCP can save employers in California thousands of dollars in taxes, fees and penalties. Now employers can learn more about this exciting program at a free seminar sponsored by the U.S. Department of Labor.

On Monday June 9, 2008 the US DOL will host a VFCP workshop for employers at the Courtyard Foothill Ranch Irvine Spectrum, on Portola Parkway. The event runs from 8:30 am to 10:30 am, with registration at 8:00 am.

The event is limited to 100 participants, on a first-come first-served basis, so register early using this online form. For more information, or to register by phone, call Wendy Morgan at (626) 229-1032.

The VFCP (Voluntary Fiduciary Correction Program) was established in 2002. In 2006, the VFCP was expanded and streamlined, and allows businesses to avoid prosecution for ERISA violations by voluntarily correcting those violations. Nearly twenty separate categories of transactions can be corrected under the VFCP, including:

• Participant Loans Failing to Comply with Plan Provisions for Amount, Duration, or Level Amortization

• Defaulted Participant Loans

• Purchase of Assets by Plans from Parties in Interest

• Sale of Assets by Plans to Parties in Interest

• Sale and Leaseback of Property to Sponsoring Employers

• Purchase of Assets from Non-Parties in Interest at More Than Fair Market Value

• Sale of Assets to Non-Parties in Interest at Less Than Fair Market Value

• Holding of an Illiquid Asset Previously Purchased by Plan

• Benefit Payments Based on Improper Valuation of Plan Assets

• Payment of Duplicate, Excessive, or Unnecessary Compensation

• Improper Payment of Expenses by Plan

• Payment of Dual Compensation to Plan Fiduciaries

The VFCP is not a pass, however, for employers to get out of accepting responsibility for their ERISA violations. The VFCP has certain criteria and procedures that must be followed. To exempt themselves from enforcement actions resulting from these violations, the companies must completely and accurately correct all violations. In addition, the employers must provide proof that the violations were all rectified.

Employers using the can be granted relief from excise taxes, and in some cases, relief from penalties by the IRS. The VFCP covers the employers, the sponsors of the employee benefit plan, the parties in interest and the officials. Failure to comply with the VFCP protocols and rules can result in sanctions against the employer, including civil penalties, as stated in ERISA Sections 502 (I) and 502 (i).

The U.S. Department of Labor will host a free May 8 webcast on federal benefit reporting requirements, including form 5500 reporting requirements.

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) is sponsoring the event.

This second in a series of EBSA webcasts will help employers and plan administrators meet their obligations under ERISA to file timely and accurate financial reports on the operations of pension, health and other benefit plans.

According to sources at the EBSA, the webcast will address ways to avoid common filing errors, how to select the accountant best qualified to audit your plan, what to be aware of when reporting alternative investments, and rules on “blackout notices.”

In addition, the webcast will also provide important information to 403(b) plan sponsors to help them prepare for expanded filing requirements, and preparing for an audit of the plan. The Internal Revenue Service will participate in the event to discuss its late and stop-filer program.

The series is being offered as part of EBSA compliance assistance program entitled Getting It Right - Know Your Fiduciary Responsibilities, to help employers and plan administrators meet their fiduciary responsibilities and avoid potential civil penalties under the law.

The webcast is open to employers, HR professionals and benefit plan administrators.

Although the webcast is free, participation is limited and registration is required.

For more information, visit the EBSA online at www.dol.govebsa or call 202-693-8660.

The free webcast will take place on Thursday May 8 from noon to 2 pm Eastern Standard Time. Register live on the internet by clicking here, or click on “Plan Filing Update” under “Compliance Workshops” at www.dol.gov/ebsa/.

The Employee Retirement Income Security Act (ERISA) requires plan administrators — the people who run plans — to give plan participants in writing the most important facts they need to know about their retirement and health benefit plans including plan rules, financial information, and documents on the operation and management of the plan.

Some of these facts must be provided to participants regularly and automatically by the plan administrator. Others are available upon request, free-of-charge or for copying fees. The request should be made in writing.

One of the most important documents participants are entitled to receive automatically when becoming a participant of an ERISA-covered retirement or health benefit plan or a beneficiary receiving benefits under such a plan, is a summary of the plan, called the summary plan description or SPD. The plan administrator is legally obligated to provide to participants, free of charge, the SPD.

The summary plan description is an important document that tells participants what the plan provides and how it operates. It provides information on when an employee can begin to participate in the plan, how service and benefits are calculated, when benefits are vested, when and in what form benefits are paid, and how to file a claim for benefits. If a plan is changed, participants must be informed, either through a revised summary plan description, or in a separate document, called a summary of material modifications, which also must be given to participants free of charge.

According to a recent announcement made by the U. S. Department of Labor, the President’s Community-Based Job Training Grants Initiative awarded $125 million to 69 community colleges across the United States, including two to Pennsylvania.

The competition was announced in August of 2007, and a total of 341 applications were received. The funds go to training facilities and community colleges to aid workers in competing for high-growth industry jobs.

“Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans,” said acting Assistant Secretary of Labor for Employment and Training Brent R. Orrell. “These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

The Delaware County Community College in Media received $1,999,826 to train workers in advanced manufacturing.

Lehigh Carbon Community College in Schnecksville received $1,711,334 to train workers for the transportation, distribution and logistics industry.

Both programs were identified by employers as able to produce workers with skills that are needed now and in the immediate future.

The focus of the Grants program is to boost the community college’s role in aiding American workers, and to assist these workers in gaining high-paying jobs with advancement.

To achieve this goal, the grants provide funding for community colleges in areas where industries need workers with a particular type of training. For example, several biotechnology labs in California are seeking trained employees. The Community Based Job Training Grant could be awarded to a community college near these labs, in order to train workers for those positions.

Due to advances in technology and innovation, to globalization and to a workforce that is aging, many industries are in dire need of skilled workers. Nationwide, these industries include biotechnology, logistics and advanced manufacturing.

West Virginia employers may pay workers under 20 a training wage of $5.15 per hour for the first 90 days of employment, only if certain conditions are met.

Employees in the state are entitled to overtime at 1.5 times the usual hourly rate after 40 hours, under both state and federal law.

West Virginia employers may take a 20% tip credit for employees who usually receive gratuities, so the new wage for tipped employees will be $5.80 per hour.

This increase was passed in 2006, as part of a 3-tiered increase to push the state minimum wage from $5.15 per hour to $7.25 per hour. That’s a change of $2.10 per hour in just over two years.

Under state law, West Virginia employers must provide meal breaks for most workers. Article 2 of the Safety and Welfare of Employees Act was passed in 1994. Statute 21-3-10a specifies meal breaks for almost all employees. The statute requires that employers will provide at least 20 minutes for a meal break during the course of a workday that is 6 hours long, or longer. “This provision shall be required in all situations where employees are not afforded necessary breaks and/or permitted to eat while working” under the law.

Under both federal and West Virginia law, meal breaks that are 20 minutes or longer may be unpaid, as long as the employee is completely relieved of all work duties. Employees may be required to remain on the employer’s premises during breaks.

Employees must be paid for breaks shorter than 15 minutes under both state and federal law. Title 42, Series 8 states under the West Virginia Minimum Wage and Maximum hour standards (42-5-2. Definitions, 2.6), states that “Rest periods of short duration, running from (5) to (20) minutes, must counted as hours worked.”

In addition, Title 42, Series 5 of the Wage Payment and Collection Act, states that …”when authorized by an employer, break periods and or rest periods which do not exceed (20) minutes duration must be counted as hours worked.”

The state sets stricter break standards for workers under the age of 16. Under Article 6 of the Child Labor Law 21-6-7, workers under 16 must receive a 30-minute uninterrupted meal break. Employees under 16 cannot be required to work more than 5 hours without a break, and the break may not be shorter than 30 minutes.

The West Virginia statutes include important provisions for nurses and other licensed health care workers, who provide direct patient care.

The nationwide nursing shortage has prompted several states, including Massachusetts, to limit the amount of overtime that a nurse may be required to work by her employer. West Virginia has a similar law.

In some cases, qualified nurses were leaving the field and seeking employment elsewhere because of the stresses of the profession. A major contributor to these stresses was the long hours and especially extensive mandatory overtime.

The West Virginia law limiting nurses overtime was created to safeguard the efficiency, health and general well-being of health care workers in hospitals, as well as the health and general well-being of the persons who use their services. To insure quality patient care and well-rested and alert nursing staffing, it was determined that hospitals should provide adequate and safe staffing without the use of mandatory overtime.

To insure that this happens, limitations were set on overtime required of nurses. Specific Code language can be found in the West Virginia statutes at 21-5F-3, Hospital nursing overtime limitations and requirements.

The Wage & Hour Division of the West Virginia Division of Labor enforces these and other state labor laws. The division investigates employee complaints of unpaid wages and benefits. During a single year, the Wage & Hour Division collected more than $1.7 million in unpaid wages and benefits for West Virginia workers.

At least 29 state immigration laws have been passed in the past 2 years. Most provide stricter penalties for employers who knowingly hire illegal immigrants.

However, a few laws prevent the police or other government agencies from checking the immigration status of people who file complaints. This means that illegal immigrants who are the victims of a violent crime, or of an unscrupulous employer, need not fear deportation if they file a complaint.

Proponents of these laws say that without them, illegal immigrants become easy marks for criminals. Opponents say that the laws encourage illegal immigration.

During an exclusive interview, an ICE agent we’ll call “Bob” revealed that law enforcement officers are in a tough spot when it comes to enforcing federal immigration laws.

“Tough immigration laws are popular, so Congress passes them. But, it’s a mixed message. They don’t appropriate the funds for ICE and other agencies to properly enforce the laws. There are times, at the end of the fiscal year, when we have to stop picking up illegal immigrants, because the agency doesn’t have the money to deport them unless it’s a major criminal.”

Bob points out that using these tactics is a win/win situation for Congress. “They get credit for passing tough immigration laws, but can blame ICE if they are not enforced.” He also notes that America is a nation of immigrants, and many people have sympathy for undocumented workers, even if their own ancestors came through Ellis Island legally.

The ICE agent we call “Bob” asked not to be identified by name because he fears repercussions. He also pointed out that arresting illegal aliens is a very small portion of what ICE does. “ICE enforces customs laws, including working with other agencies to curb the flow of illegal drugs into the country. We have a big role in preventing terrorist attacks.”

Bob also pointed out that many of the illegal aliens who are deported are violent criminals with a history of murder, rape, assault or robbery. Their crimes take place in the US, as well as in their home country. Among his arrests, Bob counts helping to round up a multiple murderer and war criminal. The man was convicted of genocide and war crimes in Rwanda after being turned over to the war crimes tribunal by ICE. He is currently incarcerated for life.

“Most illegal immigrants are honest, hardworking people. But the majority that ICE deports are hardened criminals who entered the country illegally. Some slipped through the cracks and legally immigrated after lying about their past.”

A sampling of recent immigration laws shows the wide spectrum.

An Arizona law would put employers out of business if they knowingly hire an illegal alien. Under the Legal Arizona Workers Act, an employer would lose his or her business license for 10 days for the first offense. After the second offense, the employer would permanently lose his or her license. Opponents of the bill say that it has increased discrimination against legal Hispanic workers, although there are few studies that support this position.

The Arizona law also requires employers to use E-Verify, the free DHS software that cross checks a new employee’s paperwork for fraudulent documents.

In contrast, an Illinois law successfully challenged in court by the DHS would have made it illegal for employers to voluntarily use E-Verify.

The Illinois Right to Privacy in the Workplace Act, Section 12a would, in effect, make it illegal for employers to rigorously comply with federal laws requiring employers to check a new employee’s I.D. and verify that the employee can legally work in this country.

Chicago is the largest city in Illinois and a place where sympathy for immigrants is high. During the late 1800s, most residents were immigrants from Germany, Ireland, Poland or Sweden. Most current Chicago residents are second-, third- or fourth-generation Americans who grew up listening to their grandparent’s stories of moving to this country.

Chicago has a larger Polish population than any city in the world except Warsaw. The “City with Big Shoulders” also has a huge Hispanic community – in fact, only Los Angeles and New York have larger Hispanic communities in the U.S. Chicago’s Italian-American community is the 3^rd largest in the nation, and the city also has large communities of Czechs, Ukrainians, Romanians and Lithuanians.

All of these factors create strong pro-immigrant sentiment in Chicago, which is not always shared by voters in rural Illinois.

The Department of Labor Wage and Hour Division, Northeastern region includes Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. Perhaps ironically, Puerto Rico and the Virgin Island are also part of the region.

In the most recent case, a New Jersey gas station owner was ordered to pay $29,458 in back wages to 6 employees, or just under $5,000 each.

Singh Brothers Petroleum failed to pay employees time-and-one-half when they worked over 40 hours in one week, according to the US Wage and Hour Division investigation. Instead, employees were paid straight time for all hours worked between January 2006 and January 2008.

The company also failed to maintain proper payroll records as required by law.

Singh Brothers Petroleum owns and operates a chain of 4 gas stations in Highland Lakes, New Jersey, as well as one station each in Vernon and Hewitt.

“We are working diligently to make sure that workers, especially those making low wages, receive the proper pay for all of the hours they work,” says Joe Petrecca, district director of the Wage and Hour Division’s Northern New Jersey District Office. “It’s important that employers know and understand the law so that they can be in compliance.”

After the Wage and Hour Division explained the law’s requirements, the company agreed to pay the affected employees and comply with the law in the future. This action was part of a 2008 enforcement initiative involving independent gas stations in Northern New Jersey, which in 2007 resulted in a total of $279,493 being found due to 195 employees.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $5.85 for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. The minimum wage will increase to $6.55 per hour effective July 24, 2008, and to $7.25 per hour effective July 24, 2009. Under the law, employers must also maintain accurate time and payroll records.

In December 2007, the Labor Department’s Wage and Hour Division settled a suit with a chain of Long Island, New York gas stations. The owners agreed to pay more than $85,000 in back wages, plus a $10,000 penalty.

The Wage and Hour office in Westbury uncovered alleged violations of the FLSA, the federal Fair Labor Standards Act, which sets minimum wage and overtime laws across the nation.

The chain of 25 gas stations based in Bay Shore, New York agreed to pay 182 employees a total of $85,551 in back wages.

The feds maintain that low-paid employees were required to work more than 40 hours per week in many cases, without being properly compensated for overtime. In addition, the employer failed to keep accurate records of hours worked, as required by the FLSA.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as one and one-half times their regular rates of pay for hours worked over 40 per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained, and prohibits employers from retaliating against employees who exercise their rights under the law.

The department’s suit was filed by the Labor Department’s Regional Solicitor’s Office in Manhattan in the U.S. District Court for the Eastern District of New York in Central Islip.

Steven Keshtgar, Frank Keshtgar and their 25 corporations and limited liability companies operating retail gas stations throughout Long Island were named as defendants.

A consent judgment has resulted in which the defendants neither admit nor deny violations of the FLSA, although they agreed to pay the $10,000 penalty. Nevertheless, they are prohibited from future violations of the law’s minimum wage, overtime and recordkeeping provisions. The court order, signed by Judge Leonard D. Wexler, also prohibits the defendants from taking retaliatory action against any employees who exercise their rights under the law.

The defendants are ordered to pay the $85,551 in back wages, which cover the period between May 12, 2005, and May 12, 2007. If the defendants fail to pay the back wages, the court will appoint a receiver with power to seize and liquidate the defendants’ assets to satisfy the payment order.

The case is officially known as Chao v. Bayside Development LLC et al; Civil Action Number: 07-CV-04470-LDW-AKT.

In addition, the defendants were ordered to pay to the Labor Department a civil money penalty of $10,000 after they have paid the back wages to employees. The defendants also are ordered to advise employees, in Spanish and English, of their rights, including engaging in protected activities without fear of retaliation.

Official posters must be placed where all employees may view them. Perhaps if the employers had displayed the posters – and followed them – they wouldn’t be facing these suits now.

Grants to train workers for the healthcare industry were awarded to Elgin Community College in Elgin, Illinois and the Peoria Workforce Development Department. The Elgin school received $1,988,958 while Peoria received a grant of $2 million.

The third grant, to train employees for the growing energy industry, went to Rend Lake College in Ina. This grant was for $1,622,155. The school recently received a separate $1.07 million grant from the state of Illinois to construct facilities for a mining technology program. Ina is a tiny town of just 2,455 people in south central Illinois. The school serves Jefferson County and the surrounding area.

Grant applicants work closely with local employers to provide skilled workers for higher paying jobs in growth industries where qualified employees are hard to find.

The Community Based Job Training Grants provides funds for community colleges and non-profit agencies to increase the capacity to train workers for positions in the local high growth industries.

The Training Grants help meet this need by providing funds to community colleges in the areas where these industries need help. The funds go to purchase updated equipment for training, to hire qualified faculty and to establish on-the-job training experiences. The local industries collaborate with the colleges to develop training curricula to give new and existing workers the skills to meet the industry needs.

Due to advances in technology, methods and procedures, many of these high demand industries have many more jobs open than they have qualified applicants to fill them. These industries include over 14 areas of the economy, such as Automotive, Energy, Hospitality, Transportation and Information Technology. These industries are currently experiencing growth or are projected to grow in the coming years.

To achieve this goal, the U. S. Department of Labor has formed strong relationships with business and industry. The Labor Department officials believe that these partnerships help boost local economies and ensure American’s competitive capability in the world market by helping Americans go to work.

Employers who invest in this Workforce Investment System gain more than just an addition to their Human Resources Department. The employers can boost profits, retain employees longer and cut recruiting costs. Also, tax credits and government training assistance are available to employers invested in the System. The programs provide referrals and screening for qualified candidates which not only fills jobs, but also increases the quality of the workforce.

The result is employees learn new skills which make them more marketable, earn higher wages, and increase eligibility for advancement. Employers get workers trained to meet their specific needs, which means increased quality of the workforce.

The competition was announced in August of 2007, and received 341 applications. The funds go to training facilities and community colleges to aid workers in competing for high-growth industry jobs.

“Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans,” said acting Assistant Secretary of Labor for Employment and Training Brent R. Orrell. “These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

The Community-Based Job Training Grants are aimed at areas where industries need skilled workers. The funds go to community colleges in these areas to help workers of all ages train for these skilled positions. Consider a cluster of nuclear plants in New Mexico. They need workers skilled in the energy field. A grant could be given to a local community college to train workers for those jobs.

Several factors have changed the workforce in the United States over the past few years. An aging workforce, globalization and technical innovations have put nationwide industries such as healthcare, energy and biotechnology in dire need of skilled employees.

The award goes to Turtle Mountain Community College, to train workers in the healthcare industry.

The Belcourt, ND school was awarded the grant in part because area employers had indicated that there was a shortage of well-qualified employees in the burgeoning industry.

Officials at the U. S. Department of Labor strongly believe these grants help boost local economies, and help the country’s ability to compete in the world marketplace by providing Americans with work. A national model for the development of a demand-driven workforce, the President’s High Growth Job Training Initiative, implements programs through partnerships with business, industry and educators.

High growth is occurring and will occur in nearly 15 areas of the world market, including Advanced Manufacturing, Aerospace, Automotive, Biotechnology, Construction, Energy, Financial Services, Geospatial Technology, Health Care, Homeland Security, Hospitality, Information Technology, Retail and Transportation. New technology has brought new jobs and new industries to the market, all of which require workers with new skills.

Employers receive benefits from these programs beyond skilled workers. Companies that add the Workforce Investment System to their Human Resources department are eligible for incentives such as government training assistance and tax credits. Plus, with the local colleges training these workers, the industry has a built-in method for screening and referral of skilled applicants. The employer reduces recruiting costs as a result, and increases the quality of its workforce.

These benefits allow the employer to bring the company into the 21st century, increase profits and become more competitive in the global market.

Working within the Initiative are the Community Based Job Training Grants. These grants focus on employers and provide funds to community college located near those employers in dire need of skilled workers. The funds are awarded to increase the community colleges’ capacity to train workers for these growing industries, both to fill the industry needs and to provide high-paying, career advancing jobs for America’s workers.

Community colleges utilize the money to hire qualified faculty, set up training experiences like internships, and to upgrade equipment needed to aid in the training process. The colleges work closely with local industries to develop a training curriculum to meet that industry’s needs. The goal of the Grants is not only to provide skilled workers for these industries, but also to meet the needs of the employees with increased wages and increased options for advancement.

According to the U. S. Department of Labor, 69 institutions in 38 states were awarded $125 million in grants.

These grants are available due to the President’s Community Based Job Training Grants Initiative, which awards money to community colleges and training facilities in areas where industries need skilled workers. The program was established in 2005 and awarded 72 grants. The second round of awards in 2006 gave out 70 grants.

Because of globalization, technology, innovation and an aging workforce, many industries are in dire need of skilled employees. Industries across the county, including advanced manufacturing and construction are seeking skilled employees. Regional industries, too, are in need of qualified workers.

The focus of the Community-Based Job Training Grants is to provide community colleges with programs to train people in areas where industries need workers with a particular set of skills. For example, a grant for training in the energy industry may be awarded to a community college in New Mexico near a cluster of nuclear power plants that require workers that are more skilled.

Acting Assistant Secretary of Labor for Employment and Training, Brent R. Orrell said, “Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans. These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

According to the suit filed in the U.S. District Court in Denver after, Aggregate Industries owes exactly $1,094, 486 to 302 employees in the Denver area for failing to pay overtime to workers.

An investigation launched by the Labor Department’s Wage and Hour Division found that Aggregate Industries paid truck drivers on a per load basis, without regard for how many hours the drivers put in. The infringements occurred between June 25, 2005 and June 3, 2006.

Aggregate Industries, located in Golden, Colorado produces aggregated-based construction materials. The office in Golden is the company’s West Central Region headquarters. The company also maintains regional offices in Maryland, Massachusetts, Michigan, Minnesota, and Nevada. With the recent addeition of Meyer Industries in McHenry, Illinois, the company operates 7 regional companies that supply gravel and aggregate to industry.

According to the company’s website, “Our experienced, dedicated employees work proudly, delivering value to our customers, our communities and our investors each and every day.” The West Central region does not currently list any employment opportunities for truck drivers.

The company, also known as WRE, Inc. is a subsidiary of Bardon US Corp. The Bardon corporate offices are located in Baltimore, Md.

Under federal law, employers are required to pay an overtime premium when workers put in more than 40 hours per week. Most workers are entitled to a wage that is 1.5 times their usual hourly rate for overtime under the Fair Labor Standards Act or FLSA.

Managers and some highly trained professionals are exempt from the federal overtime regulations. However, truck drivers are not among those exempt employees.

Ironically, the employer in this case has admitted partial wrongdoing, but refused to pay the back wages. The employer has agreed to change its employment practices in the future, to compensate truck drivers for all hours worked. However, efforts to convince the company to voluntarily pay back wages owed have been fruitless.

“Among this department’s highest priorities is making sure that workers are paid all the wages they have earned,” said Secretary of Labor Elaine L. Chao. “This legal action is being taken to recover more than $1 million in back wages for these Colorado workers.”

This is just the most recent in a series of minimum wage violations uncovered by the U.S. Department of Labor’s Wage and Hour Division.

In late July 2007, the U.S. Department of Labor forced Desert Plastering, Inc., a Las Vegas Nevada firm, to pay nearly $1.2 million in back pay to 1060 employees. The feds found that Desert Plastering had not paid required overtime to lathers, finishers, plasterers and estimators who worked up to 58 hours per week.

Earlier that same month, 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.

Earlier in 2007, under a voluntary agreement to prevent a federal suit, Wal-Mart, Inc. agreed to pay $33 million in unpaid overtime wages to 86,680 employees throughout the nation. An internal audit revealed that the company had incorrectly classified some employees as “salary-exempt” when in fact they were entitled to overtime pay. In other cases, the company admitted that it had based overtime pay on the employee’s base hourly rate, not including incentives and bonuses in the employee’s average rate as required by law.

A national model for the development of a demand-driven workforce, the President’s High Growth Job Training Initiative, implements programs through partnerships with business, industry and educators. Officials at the U. S. Department of Labor strongly believe these partnerships help boost local economies, and help the country’s ability to compete in the world marketplace by providing Americans with work.

While many of the US DOL grants go to community colleges, this grant was community-based — the $2 million goes to Pima County to implement worker training programs in the Tucson area.

These grants focus on employers and provide funds to community college located near those employers in dire need of skilled workers. The funds are awarded to increase the community colleges’ capacity to train workers for these growing industries, both to fill the industry needs and to provide high-paying, career advancing jobs for America’s workers.

The Tucson agency will utilize the money to hire qualified faculty, set up training experiences like internships, and to upgrade equipment needed to aid in the training process. The colleges work closely with local industries to develop a training curriculum to meet that industry’s needs. The goal of the Grants is not only to provide skilled workers for these industries, but also to meet the needs of the employees with increased wages and increased options for advancement.

Employers receive many benefits from the programs beyond skilled workers. Companies that add the Workforce Investment System to their Human Resources department are eligible for incentives such as government training assistance and tax credits. Plus, with the local colleges training these workers, the industry has a built-in method for screening and referral of skilled applicants. The employer reduces recruiting costs as a result, and increases the quality of its workforce. These benefits allow the employer to bring the company into the 21st century, increase profits and become more competitive in the global market.

U.S Department of Labor Secretary Elaine L. Chao made the following comment, “Community colleges are in a unique position to prepare local workers for careers in high-growth industries. The $125 million awarded today will expand enrollment in education and training programs and provide more workers with the skills they need to succeed.”

Community colleges and local agencies across the nation recently received $125 million in awards under the President’s Community Based Job Training Grants Initiative.

The grants were highly competitive. Over 341 applications were filed in a competition announced in August, 2007. The awards were given to the top 69 competitors to help community colleges and training facilities provide assistance for workers seeking jobs in high-growth industries.

Acting Assistant Secretary of Labor for Employment and Training, Brent R. Orrell stated, “Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans. These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

The Community-Based Job Training Grants program was established in 2005, awarding 72 grants. In 2006, the second round of grants totaled 70. The purpose of these grants is to boost the community colleges’ role in marketing the full potential of the U. S. workforce.

Certain industries are having trouble finding trained workers. Health care, construction, biotechnology and energy are examples of a few nationwide industries seeking skilled employees. Several regional employers require skilled workers, too, such as the movie industry in Culver City, California.

The final rule, which replaces the Emergency Temporary Standard (ETS) that went into effect last May, increases the pounds per square inch (psi) pressure that seals must be able to withstand in the event of an explosion and adds other important safeguards to protect miners.

“This final rule goes beyond the requirements Congress set forth in the Mine Improvement and New Emergency Response, or MINER Act, which necessitates that mine seals be stronger than the 20 psi explosive pressure minimum established in 1992,” said Richard E. Stickler, acting assistant secretary for mine safety and health. “Under the new rule, operators must strengthen the design, construction, maintenance and repair of seals, as well as sample and control atmospheres behind certain seals. Seal strength must be designed to at least 50 psi.”

The final rule also has a number of other protections that will improve miner safety. According to MSHA, these regulations include:

• Air sampling behind seals that are less than 120 psi and withdrawal of miners when a dangerous condition is discovered.
• Removal of potential ignition sources from sealed areas.
• Increased training for those involved in seal sampling and construction.
• Requirements for design certification of seals.
• Enhanced recordkeeping to ensure compliance by mine operators.

In addition, under the new regulations, seal manufacturers and mine operators have six months to submit revised seal applications and ventilation plans, respectively, to comply with the final rule. Otherwise, because the final rule replaces the seals ETS from May 2007, it is immediately effective.

The regulations also require a three-tiered approach identical to that in the ETS, requiring additional strength where sealed atmospheres are more dangerous.

A certified supervisor for construction and repair of seals with senior management of the mine operator required to certify seal compliance with the MSHA-approved ventilation plan.

There are just the latest changes to the federal mine safety regulations in the wake of the mine tragedy at Crandall Canyon mine in

Earlier this year, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) published a final rule in the Federal Register that revises existing standards for mine rescue teams for underground coal mines.

The changes to the mine rescue strategy are a direct result of last year’s tragic failed rescue mission at Crandall Canyon mine in Emory, Utah. That effort was led by Richard Stickler, MSHA Acting Assistant Secretary for Mine Safety.

The MSHA final rule implements Section 4 of the Mine Improvement and New Emergency Response (MINER) Act of 2006 to improve overall mine rescue capability, mine emergency response time and mine rescue team effectiveness.

Another change to the law calls for increased quantity and quality of mine rescue team training.

“The presence of qualified, well-trained mine rescue teams is one of our greatest assets during a mine emergency,” said Richard E. Stickler, Acting Assistant Secretary of Labor for Mine Safety and Health. “This regulation will help ensure that no matter where or when a mine accident occurs, dedicated men and women will be readily available and properly trained to assist in the rescue of their comrades underground.”

Reportedly, one of the problems at Crandall Canyon was that rescue team members were unavailable or poorly trained.

The revised mine safety standards go into effect immediately, for all applicable types of mines from salt mines to diamond and coal mines. Many workers are surprised to learn that every state in the nation, from Hawaii to Alaska and Florida to Maine, has mines of some sort.

On July 24, 2008, the Indiana minimum will go up to $6.55, and will still be less than Michigan’s minimum on that date of $7.40.

The minimum wage in Michigan has increased from $5.15 per hour in 2005 to $6.95 in 2006, to $7.15 in 2007. On July 1, 2008, another 25 cents per hour will be added the Michigan minimum wage, bringing it to $7.40.

Governor Jennifer Granholm has been the champion of these increases, but some people are wondering about the timing of the increases. With so many people losing their jobs, critics fear increasing the minimum wage may worsen the situation.

Another consideration relates to the U. S. Department of Labor regulation that any employee covered by both state and federal minimum wage is entitled to the one which provides greater benefit. In Michigan, the state minimum is 85 cents higher than the federal minimum so practically every worker is entitled to the state minimum wage.

The Michigan Minimum Wage Law covers every company that employs 2 or more workers over 16 years old. Workers who put in more than 40 hours per week are eligible to be paid overtime, which is 1.5 times the employee’s regular hourly rate.

Though the minimum wage for regular workers will increase, the minimum for tipped workers will not. The current minimum is $2.65 per hour. After July 1, 2008, workers who earn tips of at least $4.75 per hour may be paid the tipped rate. Employees who earn less that $4.75 per hour must be paid a high enough rate so that tips and wages combined equal the federal minimum wage.

With these changes to the minimum wage rates, all employers must bring their labor law posters up to date.

Michigan Comp Time

One unique feature of Michigan minimum wage law will remain unchanged. Every Michigan employer with 2 or more workers over the age of 16 is covered under the Michigan Minimum Wage Law of 1964. This law permits these employers to grant workers comp time, in some cases, instead of paying overtime wages.

Michigan is one of the few states that grants compensatory time (paid leave at a future date), instead of overtime. The FLSA (Fair Labor Standards Act of 1938) prohibits comp time, however, except for non-profit organizations. Therefore, any Michigan employer that is covered under FLSA may not grant comp time to its employees.

Eligibility details are outlined in MCL 408.384a (8) of the Michigan Compiled Laws.

Michigan employers not covered by FLSA may grant comp time, but only if the worker presents a request for it in writing. The Michigan Department of Labor and Economic Development states that coercing, intimidating, or making comp time a condition of a worker’s employment is prohibited.

If an employer wants to cancel a comp time program, it must provide employees with at least 2 months notice.

To be eligible to receive comp time, an employee must receive 10 days paid leave each year. If a worker doesn’t receive 10 days of paid leave, the company must pay the worker overtime wages.

Employees can accrue comp time up to 240 hours. When a worker leaves the job, he or she must receive payment for any unused comp time.

When an employee puts in a request to use comp time, the company must comply. There is an exception to this rule. If the worker’s absence would cause too great a disruption, the employer is within its rights to deny the request. All comp time must be paid at the employee’s wage when the time was earned.

Comp time is earned at the same rate as overtime pay. For every hour worked over 40 hours in week, the employee gets 1.5 hours of comp time. For example, John works 45 hours one week and elects to take comp time. His 5 hours of overtime earn him 7.5 hours of paid time off.

One of those grants, in the amount of $1,858,528 was awarded to the University of Alaska at Fairbanks, to train healthcare workers.

The money goes to community colleges and other local training facilities to help prepare workers of all ages to compete for jobs in high-growth industries. The 69 grants were awarded to the top competitors out of a field of 341 applications in response to a competition announce in August, 2007.

“Community colleges are in a unique position to prepare local workers for careers in high-growth industries,” said Secretary of Labor Elaine L. Chao. “The $125 million awarded today will expand enrollment in education and training programs and provide more workers with the skills they need to succeed.”

Community-Based Job Training Grants aim to strengthen the role of community colleges in promoting the U.S. workforce’s full potential. The program was initiated in 2005, with 72 grants. The second round of 70 grants was made in 2006.

The 69 grants for 2008 will benefit workers in 36 states, including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.

“Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans,” said acting Assistant Secretary of Labor for Employment and Training Brent R. Orrell. “These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

The Community-Based Job Training Grants help workers prepare for careers in high-growth industries where skilled workers are in high demand. The program trains workers for high-paying jobs with progressive career advancement. The grants are awarded to community colleges in areas where industries need workers with a particular set of skills. For example, a grant for training in the energy industry may be awarded to a community college in New Mexico near a cluster of nuclear power plants that require more skilled workers.

A number of factors have contributed to changes in the American workforce over the years. These include:

• Technology and innovation
• Globalization
• Aging of the workforce

Increasingly, businesses in certain industries have difficulty finding trained workers. Nationwide, these industries include health care, energy, advanced manufacturing, construction, biotechnology and logistics. In addition, employers in some areas need workers with specific skills, such as the hospitality industry in Crescent City, California and the movie industry in Culver City, California.

More Alaska Community Grants

The Community-Based Job Training Grants increase the capacity of community colleges to provide training in local high-growth, high-demand industries. They achieve this goal through the development of training curricula in collaboration with local industry. In addition, the grants enable community colleges to hire qualified faculty, arrange work-study programs, internships and other on-the-job training experiences, and upgrade the school’s equipment used for training.

The grants assist local schools in training new as well as experienced workers in identified growth industries. The ultimate goal is employing workers or increasing their retention, and increasing employee’s wages, while meeting the needs of businesses within targeted industries for skilled workers.

The grants are employer-focused and build on the President’s High Growth Job Training Initiative, a national model for demand-driven workforce development implemented by strategic partnerships between the workforce investment system, employers, and community colleges and other training providers. The primary purpose of the Community-Based Job Training Grants is to build the capacity of community colleges to train workers to develop the skills required to succeed in high growth/high demand industries

The U.S. Department of Labor values its strong partnerships with business and industry. Labor Department officials believe that they drive the success of regional economies and assure the nation’s continued economic competitiveness on a global scale by putting Americans to work.

For employers, the Workforce Investment System can be a valuable addition to the company Human Resource department. For the nation, it is a valuable tool to transform the workplace for the 21^st –century economy. Employers can increase profitability through a number of incentives offered in the programs, including tax credits and government training assistance.

These programs can reduce recruiting costs and increase employee retention through screening and referral of skilled candidates while developing a more competitive workforce.

The High Growth Job Training Initiative focuses on job-training in a number of high-growth fields where there are more jobs than skilled applicants. Initially, the program identified 14 sectors that are projected to add new jobs to the economy or fuel growth in other industries in the 21^st century. In addition, some of these industries are existing or emerging businesses being transformed by new technology, requiring new skills for workers. The targeted sectors include: include: Advanced Manufacturing, Aerospace, Automotive, Biotechnology, Construction, Energy, Financial Services, Geospatial Technology, Health Care, Homeland Security, Hospitality, Information Technology, Retail and Transportation.

According to an April 28, 1008 announcement by the U.S. Department of Labor, Quest Diagnostics Inc. has agreed to pay 238 employees across the country overtime totaling $688,772.

The company earned kudos from the U. S. Department of Labor for promptly agreeing to pay the past due amounts.

“The Labor Department is always pleased when we present our findings to an employer and are met with cooperation rather than resistance,” said George Rioux, director of the Wage and Hour Division’s district office in Boston. “Employers should know that the Wage and Hour Division is committed to ensuring that workers are paid properly for all the hours they work.”

Quest Diagnostics based in Madison, New Jersey analyzes drug tests, including employment and pre-employment drug screening, across the nation. The company claims to be the nation’s leading provider of diagnostic testing, information and services.

Quest provides about 36 tests for doctors, hospitals and clinics to screen for a variety of conditions from HIV, Herpes and Hepatitis to Kidney Function and Rheumatoid Arthritis.

In addition, the company offers a number of services for employers, including health & wellness testing, OSHA compliance, and drug testing for occupational medicine providers.

Quest Diagnostics also offers free online presentations for employers on topics such as using hair analysis to test for drug abuse in the workplace.

Following an investigation, the Labor Department determined that employee’s with the title of client systems analyst and senior client systems analyst were misclassified as salaried exempt by Quest Diagnostics. The employees should have been classified as salaried non-exempt and paid overtime when working more than 40 hours per week.

Under the federal Fair Labor Standards Act or FLSA, most employees are entitled to overtime when working more than 40 hours per week. Usually, a worker must be paid 1.5 times the employee’s usual hourly rate when working more than 40 hours.

Some employees are exempt from the overtime provisions of the FLSA, including executives, administrators and highly paid professionals. These positions are known as “salaried exempt” for that reason. In some cases, highly paid computer professionals are exempt from overtime regulations. However, as this case proves, not all IT employees are covered.

Employers should be aware that not every salaried employee is exempt from overtime. Some workers who are paid on a salary basis are still entitled to overtime when they work more than 40 hours per week. Those “salaried non-exempt” workers include employees in a number of positions.

In this case, the U.S. Department of Labor ruled that the client systems analysts and senior client systems analysts nationwide were “salaried non-exempt” workers who must be paid overtime.

Quest Diagnostics also agreed to pay the workers all wages due, including overtime, in the future.

The Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in the 2007 fiscal year. Back-wage collections in 2007 represent a 67 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001.

Quest’s quick compliance when contacted by the Labor Department is in contrast to a number of other employers in recent history. In a recent case, Aggregate Industries was found to owe more than $1 million in overtime to truck drivers who were paid on a per-load basis. Although the company agreed to properly pay workers in the future, it refused to cough up the back wages. The U.S. Department of Labor has filed a suit in an effort to force the employer to pay up.

The Wage and Hour Division of the Indiana Department of Labor is responsible for enforcing the minimum wage law.

The federal minimum wage is enforced by the U. S. Department of Labor’s Wage and Hour Division.

The Fair Labor Standards Act (FLSA) details who is eligible for the federal minimum wage. Any business conducting interstate commerce must pay its workers the federal minimum. In some cases, even if the company as a whole doesn’t engage in interstate commerce, employees who deal with out-of-state customers may be eligible. FLSA applies to schools, hospitals and health care facilities and all government agencies (local, state and federal). In addition, all companies with annual revenue greater than $500,000 are required to pay its workers the federal minimum wage.

In Indiana, the state minimum wage law also applies to smaller companies in the state. Also in Indiana, employees under the age of 20 may be paid a training wage of $4.25 per hour during the first 90 days on the job.

Employees who work more than 40 hours in one payroll week are entitled under both federal and Indiana law to overtime pay at 1.5 the normal hourly rate.

Tipped workers can be paid $2.13 per hour. This practice applies as long as the employees receive an average of $3.72 per hour in tips. Otherwise, the company must pay the worker enough so that tips and wages equal the minimum wage. After July 24, 2008, the tips must equal at least $4.37 per hour.

Overtime for tipped workers must equal at least $8.78 per hour in salary and tips. After the minimum wage increases on July 24, 2008, this amount will increase to $9.83 per hour.

The Indiana state minimum wage doesn’t apply to all state employees. Several exceptions, (subsections (a) - (p) of the Indiana Code 22-2-2-3) permit employers to pay employees in certain groups a wage lower than the state minimum. Note that though these workers are exempt from the state minimum wage, they may be eligible for the federal minimum wage.

Workers at many summer camps may be legally paid less than the minimum wage. The reasoning is that these employees perform duties for camping, recreational or guidance facilities, which are often operated by nonprofit charitable, religious or educational organizations.

If an employee is less than 16 years old, he or she may be paid a wage lower than the minimum. This exception also applies to independent contractors, commissioned salespeople, and anyone who works for his or her parent, child or spouse.

Persons attending regular classes at a school, college or university who also work for that school can receive wages at a rate lower than the state minimum wage. Nursing students, medical interns, residents, student funeral directors are examples of this type of employee. To be exempt, the institutions must be chartered or approved by law, and the students must be enrolled and attending classes.

Organizations that provide assistance to the disabled through rehabilitation, therapy or employment may pay their disabled (physical and mental) employees less than the minimum. These organizations, however, must be nonprofit to be exempt.

The Indiana state minimum wage law has a specific exception for members of religious orders who work for that order. For example, licensed, commissioned or ordained ministers, sextons, Christian Science readers and rabbis would be exempt. Volunteers who provide services for charitable or religious organizations are also exempt.

A lot of workers doing agricultural labor are exempt from the state minimum wage. Workers raising, shearing or caring for bees, wildlife, livestock, furbearing animals or poultry also come under the exceptions to the Indiana state minimum wage law. Employees who work with fruit and vegetables, specifically drying, packing, processing, packaging and freezing, are exempt, too.

The timing of the vote was especially appropriate, since today is National DNA Day.

The Genetic Information Nondiscrimination Act or GINA has been sent to the US House of Representatives. Passage in the House is almost certain, because a similar bill passed by a large margin in 2007. The Senate bill technically known as HR 493 is, in fact, an amended version of the previously passed House bill.

President Bush has indicated that he will sign the law if it passes both chambers of Congress.

When the bill is signed into law, it will mean that employers cannot legally ask employees for genetic information. Making employment decisions based on genetic information will also be illegal. These decisions include hiring, firing, promotions, pay, raises, benefits, training, status and working conditions.

In addition, the new law – when passed – will prohibit health insurance companies from using genetic information to deny coverage or single out workers for price increases.

Massachusetts Senator Edward “Ted” Kennedy hailed it as the first civil rights act of the 21^st century. In the Senate, the Genetic Information Nondiscrimination Act passed with a vote of 95 to 0.

According to Francis S. Collins, M.D., Phd., director of the Human Genome Research Institute, “No one will need to fear their DNA is going to be used against them” when the law takes effect.

Dr. Collins added, “This law will protect everyone with DNA—and that would be all of us.”

The Genetic Information Nondiscrimination Act was first proposed more than 13 yeas ago, when less than 100 genetic tests existed. Today there are more than 1,200 genetic tests that are widely used for medical conditions including cancer, asthma, Alzheimer’s disease, and heart disease.

Critics have long feared that as genetic testing grows, healthcare providers and employers would use it as a way of weeding out employees who are at risk for serious – and expensive – medical conditions. A company that refused to hire workers who are genetically predisposed to cancer or heart disease, would save thousands of dollars – perhaps even millions of dollars – in employee health care benefits. This is especially true if the company is self-insured.

In some cases, employees have refused to have genetic testing for breast cancer or other serious conditions, for fear that the information would be used against them in employment or health care opportunities. That fear will be eliminated if the bill is signed into law.

While the Genetic Information Nondiscrimination Act (if passed) will be the first federal law prohibiting discrimination based on genetic information, a number of states already prohibit such discrimination. The New Jersey Law Against Discrimination has barred employers from using such information for more than a decade. Some states have laws that limit discrimination based on genetic information to only a few conditions, such as sickle cell anemia.

When the Human Genome Project decoded the mystery of human DNA in April 2003, it was a triumph for science. But many feared it would turn into a nightmare for workers. Some envisioned an Orwellian future where a worker’s career would be limited by a genetic predisposition for disease, rather than a lack of education or skills. They feared that “Big Brother” would be peering into their very cells, as well as their lives.

According to Kathy Hudson, of the Genetics and Public Policy Center at Johns Hopkins, “People have unfortunately been reluctant to get genetic tests because they worry how the information might be used against them. This legislation will take that off the table.”  Hudson is the Director of the Center, which determined that 93% of US voters favor legislation prohibiting this type of discrimination. 

In each case, the funds were awarded because employers in the area need a more skilled labor pool. All three grants will be used to train workers in the burgeoning healthcare industry.

James A. Rhodes State College in Lima, Ohio will receive an award of $1,999,054 to hire staff and implement new worker training programs in healthcare.

An additional grant of $2 million dollars goes to Stark State College of Technology in North Canton, Ohio.

The final grant was awarded to the Cleveland/Cuyahoga One-Stop Career Center, a state employment agency.

As a result of technological innovations, many industries in the United States will expand, and many new industries will come on the scene during the 21st century. Many of these industries are suffering a deficit of skilled employees, the available positions far exceeding the number of qualified applicants.

Employers receive more benefits from these programs than just skilled workers. The Workforce Investment System offers incentives such as tax credits and government training assistance. Join these with the reduced recruiting costs, and these programs greatly relieve some of the financial burden of seeking out qualified workers. In addition, the programs provide a method of screening and referral of skilled candidates, which increases retention of employees and the quality and competitive ability of the workforce.

The Grants focus on the businesses and industries, and are an extension of a national model for development of a workforce on demand known as the President’s High Growth Job Training Initiative. These programs focus on community colleges in the areas that need help. Funds are granted to increase the college’s ability to train employees in these high-growth high-demand positions.

The Community Based Job Training Grants award funds to help train new and experience workers. These funds are used to hiring qualified teachers, arrange work-study programs and to provide updated equipment required for the training. The colleges work closely with the local industries to develop training courses and programs to help meet the needs of those industries.

According to the research done by the High Growth Job Training Initiative, fourteen areas of the economy are expected to provide new jobs. Some of these jobs will come from new industries, others from innovations in technology that result in new methods requiring new skills. Included in these 14 areas are Financial Services, Geospatial Technology, Aerospace, Homeland Security and Retail.

The President’s Community Based Job Training Grants Initiative was established to aid these industries in finding trained employees by providing funds to local community colleges and training facilities.

Established in 2005, the program awarded 72 grants. In the second round in 2006, 70 grants were awarded. According to a recent U. S. Department of Labor announcement, the grants for 2008 were awarded to 69 institutions in 36 states.

“Preparing local residents for careers in growing hometown industries is critical to improving the quality of life of thousands of Americans,” said acting Assistant Secretary of Labor for Employment and Training Brent R. Orrell. “These programs will provide participants not only with the skills needed to gain employment, but the change to enter into careers that offer opportunities for advancement.”

The focus of the Grants program is to boost the community college’s role in aiding American workers, and to assist these workers in gaining high-paying jobs with advancement. A secondary goal is to provide America’s companies with the workers needed to get the job done, now and well into the 21^st century.