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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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Graduate Teaching and Research Assistants Have the Right to Unionize

On March 12, 2021, the National Labor Relations Board (NLRB) withdrew a controversial proposed rule that would have prevented graduate teaching and research assistants from attempting to unionize at private colleges and universities.

March 29, 2021

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New Jersey Supreme Court Affirmed Protections for Pregnant and Breastfeeding Employees

With the reintroduced Pregnant Workers Fairness Act (PWFA) (HR 1065) currently making its way through the House and expected to be signed into law later this year, the rights of pregnant women in the workplace are in the national spotlight.

March 26, 2021

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California Cities Require Hazard Pay for Large Grocery and Retail Pharmacy Stores

Effective March 22, 2021, San Francisco became the latest jurisdiction in California to require large grocery and retail pharmacy stores to pay their workers COVID-19 hazard pay.

March 24, 2021

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OSHA Launches COVID-19 Workplace Safety Initiative

On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched a COVID-19 workplace safety initiative, aimed at protecting workers who are at high-risk of contracting COVID-19. The initiative comes after President Biden signed an executive order in January 2021 ensuring the health and safety of workers.

March 17, 2021

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American Rescue Plan Act of 2021 Provides Additional Emergency Leave for Federal Employees

On March 11, President Biden signed the American Rescue Plan Act of 2021 into law. Among other things, the Act provides emergency paid sick leave to federal employees, to be used between March 11, 2021 and September 30, 2021, for qualifying reasons related to COVID-19.

March 15, 2021

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Appellate Court Orders Fire Fighter Reinstated, Upholding PERB Ruling That Termination Was Retaliatory

A California appellate court upheld a California Public Employment Relations Board (PERB) decision that the City of South Pasadena dismissed fire fighter Cliff Snider in retaliation for his union activities as president of the South Pasadena Fire Fighters’ Association, International Association of Fire Fighters, Local 3657.

March 12, 2021

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Connecticut Appeals Court Applies Public Policy Exception to “at Will” Employment Doctrine

With some notable exceptions, the law generally treats employees as “at will,” meaning they can be fired for any reason or no reason at all. Civil rights statutes such as Title VII prohibit discriminatory firings, meaning an employer may not terminate an employee because of their race, sex, national origin, religion, or for being a member of another protected class.

March 10, 2021

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Law360 Covers New Decision in MSE Lawsuit Representing NYC Department of Homeless Services Employees

MSE filed a lawsuit on behalf of employees of the New York City Department of Homeless Services after the employees were not paid for all the work that the City “suffered or permitted” them to work outside of their eight-hour shifts.

March 09, 2021

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Apple Must Compensate Employees in California for Post-Shift Bag Checks

A federal judge in California ruled that time spent by Apple employees completing bag checks after their shift is compensable work. On March 3, 2020, a U.S. Federal District Judge held that Apple is liable in a class action involving California retail store workers for time spent working off the clock undergoing back checks.

March 08, 2021

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Wells Fargo to Pay Nearly 100M for Improper Hourly Rate Calculations

On February 26, 2021, counsel for a class of Wells Fargo “Home Mortgage Consultants” filed a motion to approve a class settlement with the U.S. District Court for the Northern District of California for $95,696,122.35.

March 03, 2021

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