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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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New Jersey’s New Law Enhances Penalties for Misclassifying Employees as Independent Contractors

On July 8, 2021, New Jersey Governor Phil Murphy signed three new laws which increase the penalties, fines, and litigation risks for employers who unlawfully misclassify workers as independent contractors, rather than as employees.

July 27, 2021

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A Recent Decision Stops Amazon’s Practice of Unpaid Anti-Theft Security Screenings in Pennsylvania

The Pennsylvania Supreme Court stopped Amazon’s practice of forcing its workers to wait, unpaid, as they undergo security screenings for their employer’s benefit in a landmark decision issued on July 21, 2021. Heimbach et al v. Amazon.com, Inc., et al, No. 43 EAP 2019 (Pa. July 21, 2021).

July 23, 2021

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Federal Lawsuit Alleges FLSA Regular Rate Violation for COVID-19 Bonus Pay

In Sanchez v. Gold Standard Enterprise, Inc., an employee alleges that his employer, Binny’s Beverage Depot, paid him and other employees extra money during the COVID-19 pandemic, but failed to include that money in the their “regular rate” for purposes of calculating overtime, in violation of the Fair Labor Standards Act (FLSA).

July 21, 2021

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Arlington Becomes Second Community in Virginia to Allow Collective Bargaining

On July 17, the Arlington County Board unanimously passed an ordinance authorizing collective bargaining, becoming the second municipality in the commonwealth to do so, following Alexandria in April.

July 19, 2021

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Poultry Processing Workers Win Multi-Million Dollar Settlement After Employer Conspires to Keep Wages Low

Poultry processing workers have reached a $29 million settlement with their employer, Pilgrim’s Pride Corporation, after claiming it conspired with other poultry companies to keep wages low.

July 16, 2021

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Connecticut Enacts Greater Pay Transparency Measures

Connecticut has joined Colorado in enacting pay transparency measures designed to ensure employees receive equal pay for equal work.

July 13, 2021

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The Colorado Supreme Court Rules That “Use-It-Or-Lose-It” Vacation Pay Policies Violate The Colorado Wage Claim Act

Employers in Colorado are prohibited from making vacation pay “use-it-or-lose-it” according to a Colorado Supreme Court decision issued on June 14, 2021.

July 08, 2021

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Upwards of 40,000 Criminal Investigators May Qualify to Join Unpaid Overtime Lawsuit

MSE has filed an opt-in class action lawsuit on behalf of Criminal Investigators who were not paid overtime while attending training programs at a Federal Law Enforcement Training Center (“FLETC”). Over 40,000 Criminal Investigators may be qualified to join this lawsuit.

July 01, 2021

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New Virginia Overtime Wage Act To Go Into Effect

Effective July 1, 2021, the new Virginia Overtime Wage Act (“VOWA”) will significantly expand the overtime rights of Virginians, exceeding the rights guaranteed by the federal Fair Labor Standards Act (“FLSA”) in several key ways.

June 30, 2021

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Oregon Expands Family Leave Act

If your employer in Oregon has 25 or more employees, you could qualify for protected leave under the Oregon Family Leave Act. That means you are allowed by law to take protected time off to take care of yourself or family members.

June 28, 2021

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