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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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Fifth Circuit Court of Appeals Rules COVID-19 is Not a “Natural Disaster” Under the WARN Act

In a first of its kind appellate ruling, the Fifth Circuit Court of Appeals has ruled that the COVID-19 pandemic is not a “natural disaster” under the WARN Act.

June 22, 2022

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Microsoft Announces End of Non-Competes for Most US Employees

Microsoft announced last week that it would implement changes to its employment policies related to “noncompetition clauses, confidentiality agreements in dispute resolution, pay transparency in [its] hiring practices, and the initiation of a civil rights audit.

June 16, 2022

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Jury Awards $1.85 Million in Damages to Former Costco Employee on Claims of Disability Discrimination

After a multi-day jury trial, a California jury recently awarded a former Costco employee $1,700,000 in non-economic damages and $150,000 in punitive damages on her claims for disability discrimination.

June 14, 2022

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Seventh Circuit Court of Appeals Ruled an Employer Violates FMLA by Discouraging Workers from Exercising Rights Under the Statute

The Seventh Circuit Court of Appeals, which serves the areas of Illinois, Indiana, and Wisconsin, ruled unanimously that an employer violates the Family and Medical Leave Act by discouraging workers from exercising their rights under the statute, even if the employer does not deny leave requests outright.

June 08, 2022

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California Supreme Court Rules That Meal and Rest Break Premiums Are Wages

On May 23, 2022, the California Supreme Court ruled that premium payments owed for meal and rest period violations constituted “wages” that employers must report on employee wage statements, and that employers are required to pay to employees in a timely manner upon separation of employment.

June 03, 2022

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Colorado Bill Restricts the Use of Non-Compete Agreements

Colorado recently substantially limited the use of non-competes for employees who work and live in Colorado.

June 01, 2022

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Flight Attendants Given Deficient Paystubs by United Airlines Win in California District Court

On May 6, 2022, a federal court in the Central District of California granted partial summary judgment in favor of flight attendants suing United Airlines, Inc., for violating California’s state wage and hour laws. In Vidrio et al. v. United Airlines, Inc., et al., No. 15-CV-7985 PSG, (C.D. Cal. May 6, 2022), the plaintiff flight attendants alleged that United Airlines failed to give them the comprehensive “Wage Statement” required under California law.

May 19, 2022

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New Law Requires Private Employers in New York to Notify Employees About Electronic Monitoring

A new law, amending New York’s civil rights law, requires private employers to notify employees of the employer’s practices relating to monitoring electronic communications at the time they are hired and through posting the information in a “conspicuous place.”

May 17, 2022

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The Department of Labor Recovered Back Wages for Tipped Employees Participating in an Illegal Tip Pool in a South Carolina Restaurant

The Department of Labor recently recovered $624,000 in back wages for 92 restaurant workers in Charleston, South Carolina after finding minimum wage and overtime pay violations. Investigators found that the restaurant, 167 Raw, enforced an illegal tip pool by requiring the tipped employees to share tips with management and non-tipped employees.

May 12, 2022

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New York City Salary Range Transparency Act Revised

Beginning November 1, 2022, a new salary transparency law which amends the New York City Human Rights Law (NYCHRL) will require most employers in New York City to list a salary range or hourly rate in all job advertisements. Although the law was originally scheduled to go into effect on May 15, 2022, as MSE previously reported, it will now become effective November 1.

May 11, 2022

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