Skip to main content

%1

DOJ Joins Forces with Labor Board to Crack Down on Employer Collusion

Submitted by jhartgen@abi.org on

The U.S. Justice Department’s competition enforcers have teamed up with the National Labor Relations Board to combat collusion among employers in their competition for workers, the Wall Street Journal reported. The Justice Department’s antitrust division and NLRB intend to coordinate more closely on investigations and enforcement actions under a memorandum of understanding signed yesterday. The antitrust division, which has the power to bring criminal charges, will apply “extraordinary vigilance” to protecting workers’ right to earn a fair wage, said Assistant Attorney General Jonathan Kanter, who heads the division. In addition to coordinating on enforcement, the interagency agreement also calls for the two agencies to train each other’s staff and consult regularly.

Article Tags

PBGC Gives $715 Million in Aid to Struggling Western Pennsylvania Teamsters Multi-Employer Plan

Submitted by jhartgen@abi.org on

The Pension Benefit Guaranty Corp. approved a Teamsters union's application for a federal assistance program that aids struggling multi-employer plans, Pensions & Investments reported. The Western Pennsylvania Teamsters & Employers Pension Plan will receive $715 million under the Special Financial Assistance Program, the PBGC announced in a news release Monday. In August 2019, the Pittsburgh-based pension plan that covers 21,110 participants in the transportation industry, implemented a benefit suspension under the terms of the Multiemployer Pension Reform Act of 2014. The plan reduced the benefits of about 15,000 plan participants by an average of 20%, according to the PBGC. PBGC's approval of the special financial assistance application enables the plan to restore all benefits suspended under the terms of the MPRA and to make payments to retirees to cover prior benefit suspensions. As of Dec. 31, 2020, the Teamsters plan had $603.2 million in assets and $1.38 billion in projected benefit obligations, according to the plan's most recent Form 5500 filing. Under the program, created by legislation signed into law by President Joe Biden in March 2021, a multiemployer plan is eligible for assistance if it satisfied one of four criteria: it has been in critical and declining status in any plan year beginning in 2020 through 2022; it has had its benefits suspended as of March 11, 2021; it is in critical status, has a modified funding ratio below 40%, and has a ratio of active-to-inactive participants of less than 2-to-3; or it became insolvent after Dec. 16, 2014, but as of March 11, 2021, has not been terminated.

Article Tags

U.S. Settles Claims Against Poultry Producers over Worker Treatment

Submitted by jhartgen@abi.org on

Three of the largest U.S. poultry processors have agreed to settle claims by the Justice Department over their alleged longstanding efforts to share information about workers in order to drive down compensation, Reuters reported. Cargill, Sanderson Farms and Wayne Farms have agreed to pay more than $84 million in restitution to workers harmed by the information-sharing to resolve civil antitrust lawsuits, according to proposed consent decrees made public Monday. The government also sued and reached a settlement including a data consulting firm, Webber, Meng, Sahl and Co. "Through a brazen scheme to exchange wage and benefit information, these poultry processors stifled competition and harmed a generation of plant workers who face demanding and sometimes dangerous conditions to earn a living," said Doha Mekki of the Justice Department's Antitrust Division in a statement. Under the agreement, Cargill Meat Solutions is to pay $15 million, Sanderson will pay $38.3 million and Wayne $31.5 million. The settlement was filed on Monday in a U.S. District Court in Maryland shortly after the lawsuits were filed. Wayne Farms said it was glad to resolve the matter and that the agreement shows its commitment to workers and farmers. Cargill denied wrongdoing but said it settled with the Justice Department to avoid litigation and distractions.

Article Tags

USTP Seeking Applicants Interested in Serving as Subchapter V Trustees

Submitted by ckanon@abi.org on
The U.S. Trustee Program is seeking resumes from persons wishing to be considered for inclusion in a pool of trustees who may be appointed on a case-by-case basis to administer cases filed under the Small Business Reorganization Act of 2019 (subchapter V), according to a release from the U.S. Department of Justice. Those with business, managerial, consulting, mediation and operational experience are encouraged to apply. The appointment is for cases filed in the U.S. Bankruptcy Court for the Western District of Michigan. Subchapter V trustees may receive compensation and reimbursement for expenses in each case in which they serve, pursuant to court order under 11 U.S.C. § 330. Trustees are not federal government employees. Applications are due by Aug. 12, 2022. For additional information, qualification requirements and application procedures, please visit https://www.justice.gov/ust/eo/private_trustee/vacancies/11ad.
Article Tags

Trucker Protest Shuts Down Operations at California Port

Submitted by ckanon@abi.org on
Truckers protesting a state labor law have effectively shut down cargo operations at the Port of Oakland in California, the Associated Press reported. “The shutdown will further exacerbate the congestion of containers,” and port officials are urging operations at shipping terminals to resume, a port statement said. The protest involves hundreds of independent big-rig truckers that have blocked the movement of cargo in and out of terminals at the port, which is one of the 10 busiest container ports in the country. There was no immediate word on when the protest might end, but it’s exacerbating supply-chain issues that already have led to cargo ship traffic jams at major ports and stockpiled goods on the dock. The protest comes as toymakers and other industries enter their peak season for imports as retailers stockpile goods for the fall holidays and back-to-school items. The truckers are protesting Assembly Bill 5, a gig economy law passed in 2019 that made it harder for companies to classify workers as independent contractors instead of employees, who are entitled to minimum wage and benefits such as workers compensation, overtime and sick pay. A federal appeals court ruled last year that the law applies to some 70,000 truck drivers who can be classified as employees of companies that hire them instead of independent contractors. The International Brotherhood of Teamsters called it a “massive victory” for exploited truckers. But the California Trucking Association has argued that the law could make it harder for independent drivers who own their own trucks and operate on their own hours to make a living by forcing them to be classified as employees.
Article Tags

Job Cuts Are Coming to Wall Street

Submitted by ckanon@abi.org on
Job cuts may be spreading from the tech and crypto sectors to Wall Street, Forbes reported. The bankers, brokers and traders may need to start worrying about upcoming layoffs. The confluence of the Federal Reserve Bank raising interest rates, runaway inflation at over 9.1% and general uncertainty over macro and geopolitical events may cause a slowdown in initial public offerings (IPOs) and other deal-making activities. CNBC reported that the securities industry is “limping into the traditionally slower summer months,” as the stock market is in bear market territory, and IPOs have plummeted by more than 90% compared to last year at this time. There hasn’t been the same steady flow of mergers, acquisitions, SPACs and other deal-making that were in full force up until fairly recently. The fate of bankers may follow the same trajectory as investment banks’ revenue, not unlike stock market charts that reflect a revision back to 2020 to 2021 levels. As hiring rapidly grew out of pent-up demand, banks may recognize that they have too many people for too few investment activities.

Regulators Fine Bank of America $225 Million Over Botched Disbursement of State Unemployment Benefits at Height of Pandemic

Submitted by jhartgen@abi.org on

The Consumer Financial Protection Bureau (CFPB) yesterday fined Bank of America $100 million for botching the disbursement of state unemployment benefits at the height of the pandemic, according to a CFPB press release. Bank of America automatically and unlawfully froze people’s accounts with a faulty fraud detection program, and then gave them little recourse when there was, in fact, no fraud. Today’s order requires Bank of America to undertake a process that is estimated to result in hundreds of millions of dollars in redress to consumers. In a separate order, the Office of the Comptroller of the Currency (OCC) is also fining the bank $125 million. Bank of America has contracts with various state agencies to deliver unemployment and other benefit payments to consumers electronically through prepaid debit cards and accounts. For example, since 2011, Bank of America has had an exclusive contract with the State of California to deliver unemployment and other benefit payments to California consumers electronically through prepaid debit cards and accounts. Under the Electronic Fund Transfer Act, consumers are protected when they use electronic methods to transfer money; this includes prepaid cards. Protections include that after a consumer contacts the financial institution that there has been an error, the financial institution must conduct a prompt, reasonable, and timely investigation.

SAS Locked in Talks over Pilots Strike It Says Threatens Its Survival

Submitted by jhartgen@abi.org on

SAS said today that a pilot strike now in its 11th day threatened the airline's ability to access bridge financing without which it may be forced to radically downsize or could collapse, Reuters reported. SAS and unions were locked in more talks on Thursday to end a strike among most of its pilots at the peak of the holiday travel season, over conditions related to the Scandinavian carrier's rescue plan. "The strikes ... threaten the company's ability to ultimately successfully raise critically needed near-term and long-term capital to fund the company's successful reorganisation," SAS said in a statement. "In such an event, the company will need to consider selling valuable strategic assets under duress while also radically downsizing SAS's operations and fleet." Talks between SAS and pilot unions on Thursday were due to run until 2000 GMT at the latest, mediator Jan Sjolin said. "We really hope that we will reach an agreement today. These are constructive talks," he said. The parties resumed collective bargaining talks on Wednesday after negotiations broke down on July 4. SAS' chief negotiator Marianne Hernaes around midday told reporters outside the venue it was hard to tell whether a deal would be reached on Thursday. The carrier, whose main owners are the governments of Sweden and Denmark, cancelled 201 flights on Thursday, or 64% of those scheduled, according to FlightAware.