Federal labor law experts will be on island this week to answer questions like: Does a waiter fall under federal or V.I. labor law? or Who do you complain to if your 401k fund deductions aren’t being forwarded in a timely manner?
The V.I. Department of Labor and Labor Commissioner Albert Bryan brought these national representatives to the territory to help spread information to employers and workers about the different federal labor laws and the roles of various federal investigating, negotiation and enforcement agencies. This conference will bring authoritative information from the people in charge to business owners and human resources professionals.
Some of those experts were on hand at the King Christian Hotel Monday evening to give a preview of the conference agenda. Jose Vazquez and David Marin, director and assistant director of the U.S. Department of Labor’s Wage and Hour Division’s Caribbean district, will talk about the Fair Labor Standards Act, Family Medical Leave Act and other laws under their bailiwick.
Big corporations know they have to comply with the Fair Labor Standards Act, and very small companies have looser rules, Vazquez said. But some smaller companies, like pre-schools, day-care centers and retirement homes are specifically mentioned in the law, so must adhere to the rules regardless of how small they are, he said.
Eduardo Fontaine of the Office of Federal Contract Compliance will explain the legal responsibilities of contractors and the rights of employees and citizens over the course of a federal contract.
"We talk to federal contractors about compliance and also to the public about their rights, how to file a complaint if there is a problem with a federal contractor," Fontaine said.
His office has been ramping up operations over the last year or so because of the jump in federal contracts created by the American Recovery and Reinvestment Act of 2009, he said.
Marta Figueroa, regional director for the National Labor Relations Board, will talk about NLRB’s role in investigating workplace complaints. The board deals with the right to form unions and negotiate conditions with employers, along with the other workers’ rights laid out in the National Labor Relations Act.
"The NLRB generally deals only with the private sector," Figueroa said. "We protect people’s right to organize. … Often people come to the NLRB when they do not know where to go. For example, a complaint about racial discrimination would not come to us, but to the Equal Employment Opportunity Commission. And if it is a safety issue, it is a matter for OSHA (Occupational Safety and Health Administration)."
R.C. Marshall and Mario Monteno will be representing the Employee Benefit Security Administration.
"We protect the billions that are held in pensions," said Marshall "The Pension Benefit Guarantee Corporation only deals with defined benefit pension plans. We look at all benefit plans; health, dental, pension and other benefits."
They also coordinate with the IRS when it comes to regulating tax-deferred retirement plans, she said.
"One of the hottest things we are dealing with right now is changes to COBRA," Monteno said, referring to the federal act that requires workplace health insurance policies to offer some continuation of coverage once employment ends.
"In 2008 Congress passed a law so employers are required to pay 65 percent of the premium if you are in a COBRA. That can really make a difference as to whether someone chooses to stay in a plan."
These are only a few of the experts and topics on the workshop agenda.
Lecturers will speak at the Juan F. Luis Hospital Cardiac Center from 8 a.m. to 4 p.m. Tuesday and Wednesday. There will be a Spanish language exposition from 6 p.m. to 8 p.m. Tuesday at Villa Morales restaurant. A few spaces may still be available.
For more information, contact Gwen Steele or Lavern Marsh-Cole at 692-9686 to confirm your attendance. The conference will be broadcast on Public Television at a later date.
