MSHA Monthly Inspections: Helping Ensure the Safety of Every American Miner

To cap a rather good campaign in 2013, the US Department of Labor’s Mine Safety and Health Administration (MSHA) has released the latest report about their impact inspections for the last month of the year. 

Photo from inside.mines.edu

MSHA’s Monthly Inspections: What’s In It?

This monthly inspection began in April 2010 after an explosion happened at the Upper Big Branch Mine. These accidents involve mines that are quite notorious for their poor compliance with the MSHA’s requirements. Through these inspections, the MSHA are able to detect various violations and thus recommend a course of action to the Labor Department to be able to eliminate these hazards. This in turn helps ensure the safety of the miners in the workplace.



MSHA’s December 2013 Inspection Results

Conducted on December 11, 2013, the MSHA made an impact inspection while in the day shift of Hanover Resources LLC’s Caymus Mine in Boone County West Virginia. According to their inspection, the MSHA has noticed seven “unwarrantable failure orders”, as well as six 104 (a) citations in the first-ever impact inspection at the mine.


Also, the MHSA has conducted another impact inspection this time it was held at the Veris Gold U.S.A. Inc’s Jerritt Canyon Mill in Elko County, Nevada. The Mill received 61 citations that included unsafe working habits for employees that have endangered their lives.


Need for Continuous Inspections

As a way to protect their employees while in the workplace, a mining operator should adhere to the MSHA directed safety guidelines to help ensure the health and well-being of their talents. Meeting these criteria also makes it easier and safer for employees to perform their jobs promoting workplace safety and the avoidance of accidents. With the tremendous, overwhelming amounts of danger that one may encounter while in a mining site, employees need these companies to adhere to the MHSA’s guidelines. This way the occurrence of accidents in the workplace can be minimized and workers would not end up getting hurt or killed.


In cases where one person gets hurt because of these violations an employee can sue their employer by seeking the help of a Los Angeles employment attorney and filing the right employment charges against them. That is why as workers, you should be made aware of what your rights are so you can protect yourself from abuse and get the things that you truly deserve, like fair treatment and pay, as well as a good working conditions conducive for productivity and success.

OSC and EEOC Work Together to Enforce EEO Laws for Feds

Can’t one agency alone get the job done of enforcing laws? Apparently not, cause this is more of synergy than incompetence. In their aim to help effectively implement equal employment opportunity (EEO) laws in the federal sector, two US agencies have renewed their pact of working together to achieve a great goal.


EEOC and OSC: Together for Fed Workers


While there have been many EEO laws that have been implemented over the years, one can’t deny that there are still inequalities in the federal workplace. Some people still fall victims to harassment, and discrimination, keeping the good employees ineffective in doing their jobs, and the undeserving people getting credit for the job done.


The EEOC’s main function is to enforce the federal laws to prevent employment discrimination. On the other hand, the OSC is tasked to protect the federal employees as well as others from “prohibited personnel practices” like discrimination, coercion of the person’s political activity, deception and obstruction of an employee to compete for employment, nepotism, reprising against whistleblowing, threatening to take a personnel action as a form of retaliation, among others. There is a great similarity in the function of the two agencies; and so synergizing their efforts in properly implementing EEO laws in the federal workplace would be very ideal. This prompted the US Office of Special Counsel (OSC) and the US Equal employment Opportunity Commission (EEOC) to come up with a new Memorandum of Understanding (MOU) that commits to enhancing efficiency and the enforcement of federal sector EEO laws.


In a simple ceremony, EEOC’s chair Jacqueline Berrien and OSC’s head Carolyn Lerner signed the MOU between the two agencies. This MOU that supersedes all of the prior ones signed, includes – but is not limited to – the following points:


•    The EEOC will be referring to the OSC when it comes to potential enforcement action cases where the former finds that an agency, an officer, or its employee has made any acts of discrimination against any of the employees or applicants for employment

•    Likewise, the EEOC will refer to the OSC for potential enforcement action cases where a federal agency fails in complying with an EEOC order, as well as any other case or matter that need warrants enforcement by the OSC, as determined by the EEOC.

•    Should the EEOC determine that the employing agency failed to, or will not at all take the appropriate action, the OSC may intervene to investigate such matters up to a point needed so that it can determine the sufficiency of the basis for coming up with such disciplinary action.


While developments like these make things easier for federal employees to protect their rights and stand up against discrimination, the importance of the views of a good California employment lawyer cannot be discounted. They say two heads are better than one. Now imagine having a lawyer further boosting your chances of winning your claims? Yes, two agencies working together are indeed more effective than one. And with the little help from a competent attorney, the possibility of winning that case against abusive federal agencies is almost within reach.

California’s Minimum Wage Increase: Yay or Nay?

 

Image Credits: Washingtonpost.com

One of the highest minimum wages is about get higher once more. California Governor Jerry Brown has recently signed into law, a bill that would again raise the already high minimum wage in the state. Under this new law, the current $8.00 per dollar will then be raised to 9.00 per hour this July. According to the same law, the minimum wage in the state will be raised to $10 by January 2016. That makes the minimum wages in California well above the current federal minimum wage of $7.25 per hour.
 

How the bill was passed into law?

It is no secret that the cost of living in California is one of the highest in the United States. Such has caused a big problem for poor and middle class families. This has prompted the Democrats to make a measure that can help the low-wage workers in the state. In spite of its good intentions, many Republicans tried to stop this law as they believed that the minimum wage of employees is not the main problem. And so these Democrat assembly members have tried their best to lobby the prevention of the bill from being passed as they argued that such increases would be hurting local small businesses. Despite this opposition though, this new minimum wage law had an overwhelming 26-11 Senate vote and a 51-25 Assembly vote.
 

Opposing ideas

Assemblyman Luis Alejo explained the reason behind why he drafted the wage increase bill. He argued that the poor and middle-class families are not earning enough because of the families’ low income. Given the high cost of living in the state, Alejo believes that now is the time increase the minimum wage in California. On the other hand, Republican Brian Jones said that this increase effectively makes the state unfriendly to entrepreneurs looking to open or operate business in California. High labor costs, according to him, would discourage businessmen from investing or starting a business in the state. Another Republican, Connie Conway supported Jones’ ideas. Conway argued that such move could backfire and instead make things difficult for poor and middle-class families. According to her, the high cost of labor can actually cause businesses to close down, cause unemployment. Conway also said that such move could force struggling businessmen to cut business hours or remove some employees from their jobs.
 

Wage Law Violations

Even when the minimum wage in California was still lower, many employers have been repeatedly failing to follow this legislation. However, despite these violations, victims fail to stand up and report incidents of wage law violations committed by companies. Though difficult for their business, employers have the responsibility of giving their employees as prescribed by the law. If you have been a victim of wage law violations, you should immediately hire a top employment attorney and file the necessary charges against your employer.


You may also find this article helpful for you: 13 States raise minimum wage on the first day of 2014

New California Employment and Labor Laws to Watch Out for in 2014

The year 2014 is just around the corner, and as it is, everyone in the workforce, both employers and employees, are expecting changes in the California employment and labor. New laws signed by Calif. Governor Jerry Brown will be made effective next year, and as such, employers would have to make the necessary changes in their employment handbooks, as well as in their practices and policies.

Here is the list of some of the notable employment and labor laws in California to watch out for in 2014:

 

•    Assembly Bill 10. This bill was signed September 25 of this year, which would raise the state’s minimum wage from the current per-hour rate of $8.00 to $9.00 on July 1, 2014. By Jan. 1 2016, the minimum wage would increase once again, this time to $10.00. This bill, however, has been met with criticisms, especially from some businesses in California.

•    Senate Bill 770. This bill expanded the Paid Family Leave program of qualified California workers. Before the law, employees who took time off to take care of a child, spouse, parent or domestic partner with a serious illness, or to bond with an adopted or foster child can collect state disability insurance. The new law, which will be made effective July 1 next year, would include taking care for seriously ill grandparents, grandchildren, siblings and in-laws.


•    Senate Bill 496. This newly-signed bill would protect workers from discrimination, harassment, and retaliation for reporting local law violations.



•    Assembly Bill 218. Signed into law October 10, this bill states that local and state government agencies searching for potential employees are now prohibited from asking applicants regarding their criminal convictions. Here, agencies may still ask for the prospects’ criminal background, so long as the former determine the minimum employment qualifications.


•    Assembly Bill 263. This newly-signed bill would protect employees against unfair employer practices related to immigration, especially if they exercise their rights that are protected under the state’s Labor Code. Here, covered employers are not allowed to threatening employees in contacting immigration authorities when the latter complains about certain employer violations.


With these new laws taking into effect in 2014, employees can expect stronger protections against discrimination and other unfair employment practices, as well as be made aware of the changes in the realm of California labor. Meanwhile, an employee who thinks his or her employer violated any provisions in any of these new laws may consult with an expert Los Angeles employment lawyer.

California Becomes 7th State to Forbid Employment Discrimination Against Victims of Domestic Violence

Employees in California who had been victims of domestic violence can now rejoice after Governor Jerry Brown  signed last October 11 Senate Bill 400, a bill that would provide them protections against employment discrimination.

Image: chetna-dfw.org

Effective at the start of 2014, the newly-signed bill makes it unlawful for covered California employers to discriminate or retaliate against, or wrongfully terminate employees who have been victims of domestic violence, sexual assault, or stalking. The legislation also requires employers to provide victims reasonable safety accommodations, including changing a work phone number and implementing a safety plan within the workplace, among others.

SB 400 was sponsored by Senators Hannah-Beth Jackson (D-Santa Barbara), Mark Leno (D-San Francisco), and Kevin de León (D-Los Angeles). With the signing of the bill, California became just the seventh state to forbid workplace bias against victims of domestic abuse or sexual assault in any aspect of employment, following Connecticut, Hawaii, Illinois, New York, Oregon, and Rhode Island.

It can be remembered that the introduction of SB 400 in the legislature was primarily brought into the spotlight after an incident involving a California teacher named Carie Chatsworth. She was a second-grade teacher of 14 years at an elementary school in El Cajon when she was fired last April after her estranged husband who verbally and emotionally abused her for several years went to the school’s parking lot, causing the campus to go on a preventive lockdown.

The man was later arrested; however, Chatsworth later received a notice telling her that the events that transpired involving her former husband resulted in her contract to teach for the school to not be renewed.

Long before the bill was passed and was still being heard in the California Senate, Chatsworth testified before a Senate committee, explaining the need of victims “to be able to speak up about what is happening so they can get the help they need to leave their abusive situation.” Fortunately, the bill was passed, thanks to the all-out support from its sponsors, as well as civil rights groups.

Meanwhile, Los Angeles employment lawyers see this recent legislation as a great way to extend employment protections to employees working in California. With the passage of the bill, legal professionals believe that victims of domestic violence are no longer at risk of losing their jobs.

Wrongfully Terminated Employee Scores Victory Against Her Employers

Since time immemorial, women have been falling victims to the many forms of discrimination in the workplace. Day in and day out, women are being harassed in different ways. Some get subjected to physical abuse. From groping, to rubbing of certain body parts, even with simple sexually-charged jokes and remarks. All these acts of sexual harassment clearly violates women’s rights and are prohibited based on federal and state laws implemented everywhere in the country.

Are the laws not yet enough?

There are a number of federal laws, strengthened by many state laws that help put a stop to these forms of discrimination and abuse. However, some employers and supervisors think that think they can get away with these laws. Moreover, these people think that they can manipulate every woman in their respective workplace. Just like in the complaint filed by a female employee, Jennifer Johnson from Wyoming. Miss Johnson was said to be harassed by one of her female supervisors at a construction site. After she talked to the owner of the company to report the said abuse, she was then terminated from her work. Under existing laws against discrimination and wrongful termination in California, you can file charges to avenge the injustice that you’ve been subjected to.

What should a female victim do?

Just like Miss Johnson, you should first seek remedy internally. However, when that fails, you can always turn to government agencies like the US EEOC. They will help you come up with your complaint, assisting you from the preparation of the case, its filing, even to the settlement and litigation of your complaint. They will help you seek remedies for the different kinds of abuses that you get subjected to. And just like Miss Johnson, you too can get justice for the harassment that you have been subjected to.

What can you do to finally stop these acts of discrimination from happening?

First up, you should familiarize yourself with your rights. Such reading materials can be found online. Read and understand them so you will know when your rights are being trampled on by other people. This could also help you know what you should do if you’ve been a victim of such acts. Just look for and hire the services of a top-notch California lawyer to help you prepare and file charges against those who harassed and discriminated you.

Understanding How to Prove Retaliatory Termination

Retaliation simply means an action that is made out of revenge. In employment, retaliation usually happens when an employer punishes you in any way or form for doing what is right, such as reporting the employer’s unlawful conduct.

If you are an employee, you are entitled to your right to report to the appropriate employment agency your employer’s engagement in an illegal activity. However, if you do so complain and you have been subjected to an adverse employment action such as termination, then you may have a case of retaliatory termination or discharge. It is also possible that you may be subjected to discrimination or harassment before getting fired.

You can only be protected under various federal laws if you already filed your complaint of discrimination or harassment with your employer’s human resources department but wasn’t able to address it. There are a lot of federal laws that protect you from getting terminated in retaliation for doing what is right, such as the following:

•    Title VII of the Civil Rights Act of 1964;
•    Age Discrimination in Employment Act (ADEA);
•    Americans with Disabilities Act (ADA);
•    Equal Pay Act (EPA); and
•    Fair Labor Standards Act (FLSA), among others.

Under these laws, current and former employees are protected from retaliation. There is also no need to prove that you were treated differently in employment because of being a member of a protected group like your race, religion, sex, national origin, age or disability.

Moreover, under federal employment laws, your employer cannot retaliate against you if you engaged in a so-called “protected activity.” One example of a protected activity is when you refuse to obey an order you believe is illegal under the prevailing laws, or you filed a complaint citing discrimination or harassment in your workplace. You cannot also be subjected to retaliatory termination if you participated in an investigation, hearing, or lawsuit against your employer’s perceived illegal activity.

In order for you to establish a valid claim of retaliatory termination, you must not only prove that you were engaged in a “protected activity,” but you believe that your termination is connected to it. The best way to fully establish your claim against your employer is to seek the expertise of a Los Angeles employment lawyer.