When Is “Comp Time” A Legal Form Of Overtime Compensation?

In the private sector, there’s only one legal way for employers to pay overtime — time-and-a-half for every hour over forty hours in a given work week.  It’s illegal for private employers to compensate overtime hours in any other manner.  That includes “compensatory time” or “comp time,” which some private employers unlawfully try to use as overtime compensation in lieu of properly paying time-and-a-half or “premium compensation.”

Conversely, public employers can pay their employees’ overtime with compensatory time under very strict rules.  Like regular overtime pay, public employees’ compensatory time is also earned at a rate of one-and-a-half compensatory days for every hour worked over forty hours in a given week.  In order for public employers to pay compensatory time in lieu of regular overtime pay, there must be an agreement or understanding between the employer and its employees entered into before the work is performed.  There are also rules concerning the total amount of compensatory time that an employee may accrue and the preservation, use, and “cashing out” of accrued but unused compensatory time.

Public employees must be allowed to use compensatory time within a reasonable period after making a request to use it if the use does not unduly disrupt the operations of the government agency.  In order for a public employer to deny use of compensatory time, the employer must show more than that granting the time off would be an inconvenience.  Instead, the employer has to prove that granting the request would impose an unreasonable burden on the agency’s ability to provide services of acceptable quality and quantity to the public during the time of the employee’s absence.  At the same time, public employers can legally compel the use of compensatory time and force their employees to use compensatory time.

One mistake that public employers often make is forgetting to pay their employees while the employees are using compensatory time.  While on compensatory time, public employees still must be paid their regular rate of pay.

Overtime cases require legal analysis of federal statutes, U.S. Department of Labor regulations, and court decisions.  I can help you with any employment law or labor law questions that you might have.  Please feel free to contact me for a free initial consultation about employment law or labor law.

It’s Good To Be The King — What Is “Sovereign Immunity”

Today in the case of Tina Lee v. State of Iowa, http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20120525/07-1879.pdf, the Iowa Supreme Court held that the State of Iowa, including all of its departments and agencies, cannot be used under the Family and Medical Leave Act in Iowa state court.  Such claims have to instead be brought in federal court.  The court’s decision was somehat based on the concept of “sovereign immunity.”  So what is sovereign immunity?

Sovereign immunity began with an old English legal maxim that “the king can do no wrong.”  Well, we don’t have monarchial kings in the United States, but we do have governments.  The principle of sovereign immunity has been transposed here to mean that you can’t sue the government unless it lets you.  This rule applies to most types of legal claims, including those for personal injury or wrongful death and car accidents.

Certainly the government has the power to expressly eliminate the government’s own sovereign immunity from suit and allow you to sue it.  Prime examples of that are federal and state laws under which you can sue the government in tort for personal injuries, etc.  Such laws include the Federal Tort Claims Act, the Iowa Tort Claims Act, and Iowa’s Governmental Subdivisions Tort Claim Act.  Each of those laws, subject to various procedural requirements, defenses, exceptions, exemptions, and immunities, allow you to sue the government under limited circumstances.

Another way that you can get around sovereign immunity and sue the government is through “implied” or “constructive” waiver.  Iowa’s courts (unlike the federal courts, which only recognize express waivers of sovereign immunity) have decided that since they’re the ones who made up the sovereign immunity rule, they have the power to take away sovereign immunity if they feel like it. Constructive waiver of sovereign immunity can occur when the state voluntarily enters into a legal relationship with a private citizen, such as a landowner or as a party to a contract.  At that point, it’s not fair to allow the government to engage with private citizens while simultaneously hiding behind the cloak of sovereign immunity.  In other words, the government is legally responsible and has no sovereign immunity for the legal relationships it voluntarily creates.  Otherwise, can you imagine having a contract with the state or a county or a city that the government could breach at will with no recourse to you?

Having said that, recognition of implied or constructive waiver of sovereign immunity is rare and has only occurred on a few occasions in special situations.  Generally, if you find yourself suing the government, you’re doing so because the state has expressly allowed you to do so by enacting an express statutory waiver of sovereign immunity.

Please feel free to contact me if you have a personal injury or wrongful death or products liability matter that you would like to discuss.   I can also help you with any employment law or labor law questions that you might have.  Please feel free to contact me for a free initial consultation about employment law or labor law.

Aqua-Leisure Recalls Children’s Trampolines Due to Fall Hazard; Sold Exclusively at Toys “R” Us Stores

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: First Fitness® Trampolines with Handlebars

Units: About 40,000

Manufacturer: Aqua-Leisure Industries Inc., of Avon, Mass.

Hazard: Metal fatigue can cause the handlebar to break away during use, posing a risk of laceration from exposed metal surfaces or other injury from a fall.

Incidents/Injuries: Aqua-Leisure has received four reports of handlebars breaking from the metal connection joint during use. No injuries have been reported.

Description: This recall involves First Fitness Kid’s First trampolines with handlebars. The child-size toy trampolines have a red and blue metal handlebar, a blue nylon deck guard and a black jumping deck. “First Fitness” is embossed on the jumping deck in white letters. The trampolines can be identified by model number FF-6902TR and Toys R Us SKN 491463. The model and store numbers can be found on the lower right corner of the back of the packaging. A sewn-in tag on the bottom of the deck lists the factory date code of five numbers followed by “GLTX.”

Sold Exclusively at: Toys “R” Us stores nationwide from September 2010 through April 2012 for between $45 and $70.

Manufactured in: China

Remedy: Consumers should immediately take the recalled trampolines from children and contact Aqua-Leisure’s recall hotline for a full refund.

Consumer Contact: For additional information, please contact Aqua-Leisure toll-free at (888) 912-7087 between 8:00 a.m. through 5:00 p.m. ET Monday through Friday, or visit the firm’s website at www.aqualeisure.com

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12181.html

Please feel free to contact me if you have a personal injury wrongful death or products liability matter that you would like to discuss.  I’ll be happy to see if I can give you a hand.

Crib Tent Strangulation And Entrapment Hazard

New information from the U.S. Consumer Products Safety Commission about a serious danger of strangulation by Tots In Mind crib tents and play yard tents:

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and five retailers are announcing a voluntary recall to provide refunds to consumers who own crib tents and play yard tents made by Tots in Mind, Inc.

CPSC is warning parents and caregivers who own these products that infants and toddlers are at risk of serious injury or death due to strangulation and entrapment hazards presented by these products. Tots in Mind recalled the play yard tents in July 2010 and offered a repair kit that is no longer available. The company is no longer in business and has stopped all sales. CPSC staff urges parents and caregivers to stop using these crib tents and play yard tents immediately. Do not attempt to repair these products.

CPSC is aware of 27 tent failures including one fatality and one serious injury that occurred between January 1997 and April 2012 from crib tents and play yard tents made by Tots in Mind, Inc. In 2008, a two year old boy died after becoming entrapped between the bottom rail of a play yard tent and the top rail of a play yard. The fatality was reported in a prior recall with the firm in July 15, 2010.

In 2007, a two year old boy sustained a catastrophic brain injury when the crib tent affixed to his crib tent inverted and the product’s broken rod trapped him at the neck. The remaining 25 reports to CPSC involved inverted crib tents—entrapments between the tent and the crib/play yard or failures of the tent fabric and zippers. Three of these 25 reports also resulted in injuries; in one such case, a parent reported finding her child turning blue and entrapped between the product and the top rail of the play yard.

Since Tots in Mind, Inc. is out of business, retailers who sold these products have stepped up to offer refunds or store credit to consumers. The crib tents and play yard tents can present an entrapment and strangulation hazard to infants and toddlers if the dome portion inverts inside the crib or play yard, or if the product becomes partially detached from the crib or play yard. The recalled products were sold at numerous retail stores including Bed Bath & Beyond/Buy Buy Baby, Burlington Coat Factory, Toys R Us/Babies R Us, Walmart and online on websites including Amazon.com, for between $60 and $85.

Consumers should contact the store listed below where the crib tent was purchased to receive either a refund or store credit, depending on the retailer. If consumer is unsure of where the crib tent was purchased, see return policy for individual retailers below on their website:

• Amazon.com [Amazon.com]
• Bed Bath & Beyond / Buy Buy Baby [bedbathandbeyond.com or buybuybaby.comor (800) GOBEYOND]
• Burlington Coat Factory [burlingtoncoatfactory.comor (888) 223-2628
• Toys R Us/Babies R Us [toysrus.com or babiesrus.comor (800) 869-7787
• Walmart [walmartstores.com or (800) 925-6278

The recall includes various models of about 330,000 crib or play yard tents. Consumers can identify their tent by the 2”x 1½” label with Tots In Mind logo located on the non-mesh portion near the top of the tent:

• Portable Playard Tent
• Original Cozy Crib Tent
• Cozy Crib Tent II
• Crib Tent for Convertible Cribs
• Portable Playard Tent Plus Cabana Kit

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12179.html

Please feel free to contact me if you have a personal injury or wrongful death or products liability matter that you would like to discuss.  I’ll be happy to see if I can give you a hand.

Walmart Trampolines Recalled Because Of Fall Hazard

A line of trampolines sold exclusively at discount retail giant Walmart has been recalled by the manufacturer in an effort to avoid products liability claims due to a fall hazard. The recall involves the Sportspower BouncePro 14′ Trampoline. The netting around the trampoline can break, allowing children to fall through the netting and be injured. The manufacturer has received 17 reports of the net breaking, resulting in 11 injuries including broken bones, back and neck injuries, and contusions.

The recall involves the Sportspower BouncePro 14′ Trampolines with brown mesh netting. UPC codes 68706404210 and 68706404244 are printed on the trampoline box. “Sportspower BouncePro 14″ and “TR-14-63-A” are printed on a plate on the leg of the trampoline frame. The trampolines are surrounded by brown netting measuring about 6 feet high on the perimeter of the trampoline. The netting is designed to contain individuals bouncing on the trampoline.

These trampolines were sold exclusively at Walmart stores nationwide from February 2009 through February 2012 for about $275. Consumers should stop using the trampolines immediately and contact Sportspower to receive replacement black netting for the trampoline.

For additional information, contact Sportspower’s customer service hotline toll-free at (888)-965-0565 between 9 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s website at http://www.sportspowerltd.net/recall-bouncepro-14ft.html, or send an e-mail to Sportspower at customerservice@sportspowerltd.net.

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12172.html

Federal Reminder About Bicycle Recalls

The U.S. Consumer Products Safety Commission recently issued a reminder about various recent product recalls involving bicycles.  Please feel free to contact me if you have a personal injury or wrongful death or products liability matter that you would like to discuss.  I’ll be happy to see if I can give you a hand.

Here’s the text of the bulletin, found at  http://www.cpsc.gov/cpscpub/prerel/prhtml12/12177.html:

WASHINGTON, D.C. – Now that spring is here, the U.S. Consumer Product Safety Commission (CPSC) is reminding consumers to check to see if their bicycles, bicycle components or accessories have been recalled before using them. Recalled bicycles, components and accessories can be dangerous and cause an accident, resulting in injury or even death. If you have a recalled product, contact the firm for the remedy. Once that’s taken care of, remember to properly strap on your bike helmet!

Check out these recent bicycle-related recalls. You can find out more about these recalls and others at our website www.cpsc.gov.

Note: by clicking on any of the images below, you can view a larger version.

Product	Recall Press Release	Hazard	Photos
Bridgeway Bicycles (91,000 units)	11-331	The bicycle chain can break, causing a rider to lose control and fall.
Trek 2012 FX and District bicycles (27,000 units)	12-024	The bolt that secures the seat saddle clamp to the seat post can break posing a fall hazard.
Fuji Saratoga Women’s Bicycles (10,500 units)	12-112	The bicycle’s frame can break in the center of the downtube during use, causing the rider to lose control and fall.
Public Bikes 2010 through 2012 Model Year Bicycles (4,100 units)	12-145	The pedals can crack and break, posing a fall hazard to the rider.
Specialized 2012 bicycles with Advanced Group carbon forks (460 units)	12-096	The brake component housed within the bicycle’s carbon fork can disengage from the fork and allow the brake assembly to contact the wheel spokes while rotating, posing a fall hazard.
Chariot bicycle trailers (44,000 units) and bicycle trailer conversion kits (70,000 units)	12-085	The bicycle trailer’s hitch mechanisms can crack and break, causing the trailer to detach from the bicycle. This poses an injury hazard to children in the bicycle trailer.
Topeak Babyseat® II Bicycle Carrier Seats (40,000 units)	12-143	A child can place his or her fingers in the opening at the grab bar’s hinge mechanism. When the consumer lifts the grab bar to remove the child from the seat, the child’s fingertips can be caught in the hinge mechanism, posing a laceration and fingertip amputation hazard to the child.
Little Tricky Bicycle Helmets (30,400 units)	12-082	Product testing demonstrated that these helmets do not comply with CPSC safety standards for impact resistance. Consumers could suffer impact head injuries in a fall.
GT, Giant and Trek Bicycles with SR Suntour Suspension Forks (17,000 units)	12-149	The suspension fork’s internal support tubes can break and cause the rider to lose control, fall and crash.
Gore Bicycle Brake Cables for Road Bikes (9,700 units)	12-125	When the brake cables are installed on Campagnolo® style brake levers, they can detach, causing the brakes to fail and posing a fall hazard.

Can Your Employer Contact Your Doctor For Purposes Of Verifying An FMLA Leave Request?

When you seek time off for a medical condition under the Family and Medical Leave Act (“FMLA”), your employer has a right to verify the need for medical leave by obtaining a second and even a third opinion from other doctors.  At the same time, under limited circumstances it’s also permissible for your employer to contact your own doctor to discuss the FMLA medical provider certification you’ve provided.

Federal law prohibits your employer from requesting additional information from your own doctor beyond that required by the federally-mandated healthcare provider certification form.  But your employer may contact the health care provider for purposes of clarification and authentication of the medical certification   To make such contact, the employer must use a health care provider, a human resources professional, a leave administrator, or a management official.  Under no circumstances may the employee’s direct supervisor contact the employee’s health care provider.

“Authentication” means giving the health care provider a copy of the certification and requesting verification that the information contained on the certification form was completed and/or authorized by the health care provider who signed the document; no additional medical information may be requested.  “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response.

Unfortunately, this is one of those laws that employers can usually violate without consequence.  The FMLA attaches no penalty to an employer’s unauthorized contact with a healthcare provider.  You can sue, but you have to prove monetary damages caused by the unauthorized contact.  If you think about it, an unauthorized contact with your doctor can’t really financially damage you, so it falls into the category of a “technical” violation for which there’s no legal claim because there’s no provable damages.  That was the conclusion of the Iowa Court of Appeals in the recent decision of Melvin Hayes v. Vermeer Manufacturing Co., in which the court held that there was no FMLA liability for an unauthorized medical contact because the employee could not prove any damages stemming from the contact.

FMLA cases require legal analysis of federal statutes, U.S. Department of Labor regulations, and court decisions.  I can help you with any employment law or labor law questions that you might have.  Please feel free to contact me for a free initial consultation about employment law or labor law.

Banzai Water Slide Recall

A rather significant series of alarms went up this week about serious injuries and death that have been caused by Banzai Water Slides.  Here’s information from the U.S. Consumer Products Safety Commission:

WASHINGTON, D.C. – In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Wal-Mart Stores Inc., of Bentonville, Ark. and Toys R Us Inc., of Wayne, NJ are announcing the recall of about 21,000 inflatable Banzai in-ground pool water slides. During use, the slide can deflate, allowing the user to hit the ground underneath the slide and become injured. The slide is also unstable and can topple over in both still and windy conditions and carries inadequate warnings and instructions.

The CPSC is aware that a 29-year-old Colorado mother died in Andover, Mass. after fracturing her neck going down a Banzai in-ground pool water slide which had been placed over the concrete edge of a pool. The victim hit her head at the bottom of the slide because it had partially deflated.

The CPSC and the retailers are aware of two other injuries which have occurred in a similar manner, including a 24-year-old man from Springfield, Mo. who became a quadriplegic and a woman from Allentown, Pa. who fractured her neck.

The recall involves Banzai in-ground pool water slides designed for use with in-ground pools. The vinyl slides have a blue base, yellow sliding mat and an arch going over the top of the slide. By connecting a hose to the top of the slide, water can be sprayed on its downward slope. The words ‘Banzai Splash’ are printed in a circular blue, orange and white logo, shaped like a wave on either side of the slide.

The recalled slides, which were manufactured in China by Manley Toys, Ltd, were sold at Walmart and Toys R Us nationwide from January 2005 through June 2009 for about $250. The recalled slides have the barcode number 2675315734 and model number 15734. Both the barcode and model number appear on the original packaging but are not on the actual slide.

CPSC urges consumers to immediately stop using the product and return it to the nearest Walmart or Toys R Us for a full refund. Consumers can also cut the two safety warning notices out of the slide and just return that portion. For additional information from Walmart, call (800) 925-6278 between 7 a.m. and 9 p.m. CT Monday through Friday, or visit the firm’s website at www.walmartstores.com. For additional information from Toys R Us, call (800) 869-7787 between 9 a.m. and 9 p.m. ET Monday through Saturday and between 10 a.m. and 7 p.m. Sunday, or visit the firm’s website at www.toysrus.com

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml12/12174.html

Please feel free to contact me if you have a personal injury or products liability matter that you would like to discuss.  I’ll be happy to see if I can give you a hand.

U.S. Department of Labor Steps Up Its Overtime Enforcement Efforts

The United States Department of Labor is continuing to ramp up its efforts to curb overtime abuses among U.S. employers:

“WASHINGTON — Nancy J. Leppink, deputy  administrator of the U.S. Department of Labor’s Wage and Hour Division, and Louisiana Workforce Commission Executive Director Curt  Eysink signed a memorandum of understanding Feb. 23 regarding the  improper classification of employees as independent contractors. This  partnership is the 13th of its kind for the U.S. Department of Labor.

“This memorandum of  understanding helps us send a message: We’re standing united to end the  practice of misclassifying employees,” said Leppink.  “This is an important step toward making sure that the American dream is  still available for employees and responsible employers alike.”

“Initiatives like this are critical in leveling the  playing field for businesses that play by the rules,” Eysink said. “They’re  also vital for ensuring that eligible, hardworking men and women get the  coverage and benefits they earn if they are injured on the job or lose their  jobs through no fault of their own.”

Employee  misclassification is a growing problem. In 2011, the Wage and Hour  Division collected more than $5 million in back wages for minimum wage and  overtime violations under the Fair Labor Standards Act that resulted from  employees being misclassified as independent contractors or otherwise not  treated as employees.

Business  models that attempt to change, obscure or eliminate the employment relationship  are not inherently illegal, unless they are used to evade compliance with  federal labor law. The misclassification of employees as something else, such  as independent contractors, presents a serious problem because these employees  often are denied access to critical benefits and protections  —  such as family  and medical leave, overtime compensation, minimum wage pay and Unemployment Insurance  —  to which they are entitled.  In addition, misclassification can create economic pressure for law-abiding  business owners, who often find it difficult to compete with those who are  skirting the law.Employee misclassification  also generates substantial losses for state Unemployment Insurance and workers’  compensation funds.

Memorandums of understanding with state government agencies arose as part of  the U.S. Department of Labor’s Misclassification Initiative, which was launched  under the auspices of Vice President Biden’s Middle Class Task Force with the  goal of preventing, detecting and remedying employee misclassification. California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington  have signed similar agreements. More information is available on the U.S.  Department of Labor’s misclassification Web page at http://www.dol.gov/misclassification.”

Source:  http://www.dol.gov/opa/media/press/whd/whd20120205.htm

The cooperation between federal and state labor agencies is part of a larger federal effort to enforce federal overtime law:

“The misclassification of employees as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers, and to the entire economy. Misclassified employees are often denied access to critical benefits and protections – such as family and medical leave, overtime, minimum wage and unemployment insurance – to which they are entitled. Employee misclassification also generates substantial losses to the Treasury and the Social Security and Medicare funds, as well as to state unemployment insurance and workers compensation funds.

The Department’s Misclassification Initiative, launched under the auspices of Vice President Biden’s Middle Class Task Force, is making great strides in combating this pervasive issue and to restoring these rights to those denied them.  In September 2011, Secretary of Labor Hilda L. Solis announced a major step forward with the signing of a Memorandum of Understanding (MOU) between the Department and the Internal Revenue Service (IRS). Under this agreement, the agencies will work together and share information to reduce the incidence of misclassification of employees, to help reduce the tax gap, and to improve compliance with federal labor laws.

Additionally, labor commissioners and other agency leaders representing thirteen states have signed MOUs with the Department’s Wage and Hour Division, and in some cases, with its Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA), Office of Federal Contract Compliance Programs (OFCCP), and the Office of the Solicitor. (See interactive map of participating states).  The Department is actively pursuing MOUs with additional states as well.

These MOUs will enable the Department to share information and to coordinate enforcement efforts with participating states in order to level the playing field for law-abiding employers and to ensure that employees receive the protections to which they are entitled under federal and state law. Employers that misclassify their employees may not be paying the proper overtime compensation, FICA and Unemployment Insurances taxes, or workers’ compensation premiums.”

Source:  http://www.dol.gov/whd/workers/misclassification/#stateDetails

Overtime cases require analysis of federal statutes, U.S. Department of Labor regulations, and court decisions.  I can help you with any employment law or labor law questions that you might have.  Please feel free to contact me for a free initial consultation about employment law or labor law.

Consumer Product Safety Commission Reminder About Product Recalls

The Consumer Products Safety Commission has issued a reminder about various produce recalls that involve products used outdoors.

Source:  http://www.cpsc.gov/cpscpub/prerel/prhtml12/12165.html

Please feel free to contact me if you have a personal injury or wrongful death or products liability matter that you would like to discuss.  I’ll be happy to see if I can give you a hand.

Here’s the text of the CPSC bulletin:

Spring has sprung. Warm weather means kids are playing outside and families are firing up their grills and working on the lawn. Before you use spring-related products this season, check to see if they have been recalled. It could save your family’s lives. You can find out more about these recalls at http://www.cpsc.gov.

Product	Recall Press Release	Hazard	Photo
Adventure Playsets (240,000 units)	11-262	The wood in the posts of the fort sections on the swing sets can weaken due to rotting, posing a fall hazard.
Pacific Cycle Dartmouth Swing Sets (5,500 units)	11-313	The sling-style swing seats can crack or split prematurely, posing a fall hazard to consumers.
Slalom Glider (900 units)	12-109	The Slalom Glider is a playground slide that lacks a transition platform on the top and sides on the chute. Children can fall when moving from the ladder to the slide and when descending the chute.
Uni-O Portable LP Gas Grills (4,530 units)	12-077	The regulator on the grill can leak gas, which can ignite, posing a fire and burn hazard to consumers.
Westinghouse Ceiling Fans (7,000 units)	12-135	The two 60-watt light bulbs included with the ceiling fans exceed the fan’s maximum wattage, which can cause the ceiling fans to overheat or fail. This poses fire and shock hazards to consumers.
Pourable Gel Fuel (2.5 million bottles)	11-255 11-336 11-337 11-338 11-339 11-340 11-344 11-346 12-002 12-007 12-020	The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. This hazard can occur if the consumer does not see the flame or is not aware that the firepot is still ignited. Gel fuel that splatters and ignites can pose fire and burn risks to consumers that can be fatal.
Kiddieland Toys Fairies Plastic Racing Trikes (12,000 units)	12-029	The plastic fairy figures protrude from the top of the handle bar, posing a laceration hazard if a child falls on them.
Build-A-Bear Swimwear Set With Inflatable Inner Tube (19,720 units)	12-041	The inner tube accessory can be pulled over a small child’s head, posing a strangulation hazard.
American Honda Grass Trimmers (14,000 units)	12-121	The shaft can crack and cause the lower gear case and cutting attachment to detach, posing a laceration hazard to the operator and bystanders.