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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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Family Dollar Fined $1.5 Million for Rampant Meal Break Violations

On February 3, 2022, Massachusetts Attorney General Maura Healey announced a $1.5 million fine on Family Dollar, which operates over 100 stores in the state, for failing to provide hundreds of employees with meal breaks.

February 09, 2022

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D.C. Court Restores Bargaining Standard for De Minimis Issues

On February 1, 2022, the U.S. Court of Appeals for the D.C. Circuit reversed a Federal Labor Relations Authority decision eliminating bargaining over de minimis issues.

February 08, 2022

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NYC Child Protective Specialists Settle Unpaid Overtime Claim for $42.9 Million

On December 29, 2021, U.S. District Judge Paul G. Gardephe approved a $42.9 Million Settlement Agreement in a lawsuit brought by 1,199 current and former Child Protective Specialists and Child Protective Specialist Supervisors (CPS and CPSS) employed by the City of New York’s Administration for Children’s Services alleging unpaid overtime. The CPS and CPSS are members of AFSCME Local 371.

February 04, 2022

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Unionizing at Starbucks Gains Momentum as Additional Stores Nationwide Seek Elections and Two Begin Negotiations

Last August, Workers United, an affiliate of the Service Employees International Union (SEIU), started organizing employees at three Starbucks locations in the Buffalo, NY area. On December 9, 2021, one elected union representation, becoming the first unionized corporate-owned store in the U.S. The second was certified on January 10th.

February 03, 2022

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D.C. Circuit Restores Federal-Sector Unions’ Right to Midterm Bargaining Under the Federal Service Labor-Management Relations Statute

On January 28, 2022, the U.S. Court of Appeals for the D.C. Circuit vacated a controversial Federal Labor Relations Authority decision that would have potentially allowed agencies to make unfettered changes to working conditions during the term of a collective bargaining agreement as long as the changes were not expressly addressed in the agreement.

February 02, 2022

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New Restrictions on Non-Competes and Non-Solicits Take Effect in Illinois

As Illinois rang in the new year, amendments to the Illinois Freedom to Work Act (IFWA) passed in SB 672 took effect. The changes substantially restrict (prospectively from January 1, 2022) the use of non-compete and non-solicitation agreements by Illinois employers.

February 01, 2022

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Proposed Amendments to DC’s New Non-Compete Ban

In December 2020, D.C. enacted the Non-Compete Agreements Amended Act of 2020 (D.C. Act 23-563), which prohibits employers from requesting or requiring employees to sign non-compete agreements. However, employers raised concerns about the broad nature of the Non-Compete Act.

January 26, 2022

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New York City Council Passes Salary Range Transparency Bill

In the latest move to encourage salary transparency and equity, New York City will make it mandatory for companies to disclose salary ranges on all New York City-based job postings. The New York City Council recently passed a bill that would require employers to state the minimum and maximum salary for all open jobs.

January 25, 2022

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Minnesota Enacts New Employer Rules on Lactation Breaks & Pregnancy Accommodations

On January 1, 2022, changes to Minnesota’s laws for lactation breaks and pregnancy accommodations went into effect. The new rules provide a considerable boost to new mothers. Previously, employees were only permitted to take one, unpaid lactation break during the whole workday.

January 12, 2022

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NLRB May Revise its Standard for Determining Who is an Independent Contractor

In a Notice issued on December 28, 2021, the National Labor Relations Board (NLRB) invited both the parties to The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE, Case No. RC-276292, and the public to submit briefing regarding whether the NLRB should reconsider its standard for determining whether an individual worker is an “independent contractor” and thus not covered by federal labor laws.

January 07, 2022

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