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Employment law and workers’ rights are a complex area of law. McGillivary Steele Elkin LLP empowers workers by making the law more accessible and understandable so every employee can be proactive about protecting their rights in the workplace. Read our blog to learn about the nuances of workers’ rights in public and private sectors and latest updates in federal employment law.

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Krispy Kreme Reaches Settlement to Pay Nearly $1.2M to Workers for Unpaid Overtime

On November 17, 2022, the Department of Labor announced that Krispy Kreme had agreed to pay nearly $1.2 million in back wages and liquidated damages to 516 workers to resolve claims for unpaid overtime. The claims were brought by Assistant Managers for whom Krispy Kreme had excluded monthly bonuses when calculating their overtime rate in violation of the Fair Labor Standards Act (“FLSA”).

November 30, 2022

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Texas Court of Appeals Slaps Down Anti-Union Attack at Association Business Leave

On Tuesday, November 22, 2022 the Texas Court of Appeals upheld a trial court’s finding that association business leave (“ABL”) in the collective bargaining agreement between the Austin Fire Fighter Association, IAFF Local 975 and the City of Austin, is not gratuitous and serves a public purpose.

November 29, 2022

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D.C. Attorney General Sues Owner of Washington Commanders and the NFL, Alleging Violations of the Consumer Protection Procedures Act

The CPPA establishes a right to truthful information about consumer goods and services in the District of Columbia and prohibits unfair and deceptive trade practices in connection with the sale of such goods and services. According to Racine, the defendants colluded to deceive Commanders fans about an investigation into toxic workplace culture to increase profits.

November 28, 2022

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The Speak Out Act is Headed to President Biden’s Desk for Signature

With bipartisan support, the Speak Out Act (S. 4525) is headed to President Biden’s desk for signature. The Act prohibits enforcement of nondisclosure or nondisparagement agreements in disputes relating to sexual harassment or sexual assault if the agreement was signed before the dispute arose.

November 17, 2022

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DOJ Notches First Conviction of a Corporation for Wage-Fixing and No-Poach Antitrust Conspiracy

The health care staffing company VDA OC LLC (formerly known as “Advantage On Call LLC”) pled guilty to one count of criminal violation of the Sherman Antitrust Act, admitting to “knowingly entering into and engaging in a conspiracy to suppress and eliminate competition for the services of nurses in the District of Nevada and elsewhere,” by agreeing to allocate and “fix the wages” of Clark County nurses.

November 15, 2022

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9th Circuit Panel Says Call Center Workers Booting Up Their Computers is a Compensable Work Activity Under Federal Law

In 2018, workers employed by a call center sued, alleging that their employer failed to pay them overtime as required by the Fair Labor Standards Act (FLSA) and state law for the time they spent booting up and turning off their computers after they logged into and out of the company’s time keeping system.

November 10, 2022

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Three Oregon Hemp Companies Will Owe Back Wages and Other Damages to Migrant Workers, if Magistrate Judge’s Recommendation is Adopted

An Oregon magistrate judge has recommended that three Oregon hemp businesses pay the maximum damages allowed by law to seventeen migrant workers who alleged that the businesses - Westcoast Growers LLC, Topshelf Hemp LLC, Fire Hemp LLC, along with the manager of the three companies – underpaid them and provided unsafe and unsanitary housing.

November 03, 2022

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Domino’s Pizza Delivery Drivers in Michigan Settle $1.95 Million Wage Claim

Delivery drivers for Domino’s Pizza stores in Michigan have settled their claims that their employers failed to pay them the minimum wage required by the Fair Labor Standards Act (“FLSA”) and Michigan’s minimum wage law for nearly $2 million.

November 01, 2022

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U.S. Department of Labor Proposes New Rule Requiring Six-Factor Analysis to Determine “Independent Contractor” Status Under the Fair Labor Standards Act

Workers have a month to comment on the U.S. Department of Labor’s (DOL) proposed rule to aid in determining who is considered an “independent contractor” under the Fair Labor Standards Act (FLSA). A copy of the Notice of Proposed Rulemaking (NPRM) can be reviewed electronically on the DOL’s website.

October 27, 2022

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Five Years In, #MeToo Changed Corporate Practices, but Many Still Face Discrimination at Work

Five years have passed since the unofficial start of the #MeToo movement. The phrase, first conceived of by activist Tarana Burke, became the name of a movement when actress Alyssa Milano tweeted out a request that people who had experienced sexual assault or harassment use the hashtag.

October 25, 2022

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