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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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Changes to Wage and Hour Law in President Biden’s First 100 Days

President Biden’s administration has made several changes to wage and hour regulations and guidance within its first 100 days. The Department of Labor (“DOL”) revised the Fair Labor Standard Act (“FLSA”)’s tip regulations.

May 13, 2021

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Trial Court Dismisses Goldwater Institute-Backed Challenge to Union Rights in Austin, Texas

A trial court in Austin, Texas dismissed claims brought by taxpayers represented by the Goldwater Institute and the State of Texas that attempted to challenge the “association business leave” provision of the collective bargaining agreement between the Austin Fire Fighters Association (AFA) and the City of Austin.

May 11, 2021

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Office of Personnel Management Releases Additional Guidance for Federal Employee Emergency Leave

On April 29, 2021, the Office of Personnel Management (“OPM”) provided more information regarding the emergency paid leave for federal employees included in the American Rescue Plan of 2021 (“ARP”).

May 07, 2021

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LAW360 Covers MSE’s Recently Filed Lawsuit on Behalf of FCI McKean Employees to Recover Hazardous Duty Pay

On April 29, 2021, MSE sued the U.S. Department of Justice (DOJ), Bureau of Prisons on behalf of 235 current and former DOJ Bureau of Prisons employees at Federal Correctional Institution McKean, Pennsylvania, to recover hazardous duty pay, environmental differential pay, and backpay for overtime wages that were incorrectly calculated, after they were required to work on a daily basis in the hazardous work environment caused by the global COVID-19 pandemic.

May 04, 2021

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Hospitality Workers Right to be Recalled

Effective May 1, 2021, hospitality and event center workers in Minneapolis, Minnesota, will have additional job protection rights. Under the City’s “Hospitality Worker Right to Recall Ordinance,” laid off workers have the right to be recalled – if they are needed – , before new workers are hired.

April 29, 2021

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John Hancock Settles Class Lawsuit Over 401(k) Affiliated Funds

According to a status report filed in federal court in Massachusetts on April 21, 2021, John Hancock Life Insurance Co., has just settled a class action ERISA lawsuit alleging self-dealing and mismanagement of its employees’ 401(k) retirement plan.

April 27, 2021

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DOL Answers Questions on American Rescue Plan COBRA Subsidies

The Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) allows participants and beneficiaries covered by a group health plan to continue their health coverage after a “qualifying event” (typically, termination of employment or a reduction in work hours that causes the employee to lose coverage under the group health plan).

April 22, 2021

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Alexandria Becomes First Community in Virginia to Allow Collective Bargaining

On April 17, Alexandria City Council unanimously passed an ordinance authorizing collective bargaining with City employees, becoming the first municipality in Virginia to do so.

April 20, 2021

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ACLU Lawsuit Challenges South Carolina Return to Work Executive Order

As more states report improvements in COVID-19 infections and hospitalizations, and businesses begin to reopen, employees face uncertainty relating to return to work and workplace COVID-19 safety measures.

April 16, 2021

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New York Employers Required to Provide Paid Leave for COVID-19 Vaccinations

Effective March 12, 2021, employers in New York must grant their employees up to four hours of paid leave for time spent receiving a COVID-19 vaccine. The leave entitlement under the new law runs through December 31, 2022.

April 02, 2021

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