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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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Lawsuit Alleges Medical Marijuana Dispensary Forced Out Older Female Employees

On September 22, 2022, Carrie Baker filed a complaint against her former employer, the medical marijuana dispensary Green Thumb Industries, Inc., describing a culture of forcing out older female employees and a hostile work environment.

October 14, 2022

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New California Law Requires Companies to Include Pay Information in Job Postings, Joining Growing List of Jurisdictions Seeking to Provide Workers With Greater Pay Transparency

Beginning on January 1, 2023, California’s SB 1162 will require California companies with over 15 employees to include pay scale information in job postings. This means that nearly 200,000 employers will soon have to provide the salary or hourly wage range that they “reasonably expect” to pay for the position.

October 13, 2022

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Putative Class Action Lawsuit Alleges That Wal-Mart Unlawfully Rescinded Employment Offer After Lead Plaintiff Tested Positive for Marijuana

In February 2021, the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (“Cannabis Act”) went into effect, making it unlawful for employers in the state to refuse employment to job candidates solely because they have received a positive drug test result indicating they have cannabis/marijuana in their body.

October 06, 2022

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The Eleventh Circuit Recently Revived a Case Against Burger King Over Franchise Noncompete and No-Poach Provisions

Former Burger King employees have renewed hope in their case alleging violations of antitrust law. The Eleventh Circuit recently reversed a decision to dismiss the proposed class action lawsuit alleging that Burger King violated antitrust laws through its noncompete and no-poach agreements.

October 04, 2022

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Judge Rules that Former Fox Vice President is Owed Severance Benefits After Fox Violated ERISA

On September 27, 2022, a U.S. District Judge in California ruled that a former Twenty-First Century Fox executive was owed severance benefits after she lost her job following the merger between Disney and Fox.

October 03, 2022

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Workers in Washington, DC May Be Eligible for Additional Weeks of Paid Family or Medical Leave Starting October 1st

Since July 2020, private sector workers in the District of Columbia have been entitled to eight weeks of paid parental leave, six weeks for family medical leave, and six weeks for personal medical leave. The paid leave is funded by a payroll tax and a significant surplus was discovered earlier this year.

September 30, 2022

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Medical Reps Fend Off Summary Judgment and Decertification in Overtime Misclassification

On September 2, 2022, a magistrate judge in the Middle District of Florida issued a report and recommendation to deny summary judgment to the defendant employer in an overtime lawsuit brought by “Medical Reps” working for Progressive Casualty Insurance Company (“Progressive”).

September 29, 2022

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Joining Several Other States, Maryland Court Holds That All Time Spent Under Employer’s Control is Compensable

Recently, Maryland’s highest court unanimously ruled that hourly workers must be paid for time they spend waiting and being shuttled between a remote parking lot and their worksite, if the transportation is required by their employer. Mario Ernesto Amayo et al. v. DGS Construction LLC et al. and Juan Carlos Terrones Rojas et al. v. F.R. General Contractors Inc. et al., Nos. 14 and 17, September Term 2021.

September 23, 2022

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MSE Partners Gregory McGillivary and Molly Elkin Awarded Best Lawyer Recognition for Employment Law

Gregory McGillivary and Molly Elkin, partners at McGillivary Steele Elkin LLP, have been awarded the recognition of ‘Best Lawyer for Employment Law – Individuals’ for the 2023 Best Lawyer rankings.

September 09, 2022

IBM Seeks Preliminary Approval of $4.75 Million Settlement
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IBM Seeks Preliminary Approval of $4.75 Million Settlement

On August 23, 2022, the parties to the lawsuit Comin and Briggs v. IBM, Case No. 3:19-cv-07261 (C.D. Cal.), filed a proposed class action settlement with the court, requesting preliminary approval of the $4.75 million settlement.

September 07, 2022

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