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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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Wage Theft in the Construction Industry

According to D.C.’s Office of the Attorney General, wage theft is “rampant” in DC’s construction industry, as contractors gain “undue advantage” in contract bidding on the backs of workers.

November 19, 2020

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Nursing Employee Protections Under the FLSA

The Fair Labor Standards Act (“FLSA”) requires employers provide a nursing employee with a reasonable break to express breast milk, each time the employee needs to express, for one year after the child’s birth. Employers are not required to pay employees for time spent expressing milk.

November 17, 2020

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NELP Findings Show OSHA Failure

COVID-19 has brought unprecedented uncertainty into the workplace, as employees across the country fight to enhance safety policies and protections, highlighting the importance of legal protections for workers who report unsafe conditions due to COVID-19 and problems in asserting special sick leave protections, and preventing employers from retaliating against workers in exercising their legal rights.

November 12, 2020

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Court Decides Past Salary Does Not Justify Pay Disparity

Employers may not rely on an employee’s past salary as a defense to claims alleging unequal pay on the basis of sex, according to the U.S. Court of Appeals for the Ninth Circuit. The Equal Pay Act, which requires equal pay for equal work, allows employers to present affirmative defenses for disparate pay, which include seniority, merit, productivity systems, and any factor other than sex.

November 10, 2020

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Florida Minimum Wage Increase

On Tuesday, Floridians voted to raise the state’s minimum wage to $15 per hour by September 30, 2026. The increases will be made incrementally until that date, first to $10 per hour in September 2021, and then increasing by $1 each subsequent year.

November 06, 2020

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New Michigan Law Protects Employees Coping With COVID-19

On October 22, 2020, Michigan Governor Gretchen Whitmer signed into law Public Act 238, which establishes important new protections for workers coping with COVID-19. The law applies to employees in both the private and public sectors, but does not apply to first responders, health care workers, and certain other specified employees.

November 04, 2020

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The District of Columbia’s Tipped Wage Workers’ Fairness Clarification Amendment Act of 2020

The District of Columbia requires private employers to provide tipped workers with clear and extensive notice of their rights under the District’s labor and anti-discrimination laws, as well as information on how to report violations of the law.

November 02, 2020

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MSE Election Protection

Four years before he was elected President, Abraham Lincoln reminded the Illinois Republican State Convention that “The ballot is stronger than the bullet.” Voting is central to the democratic process, and MSE attorneys are working hard to ensure that all voters are heard.

October 30, 2020

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MSE’s Commitment to Pro Bono – National Pro Bono Week

Ensuring that everyone has legal assistance – even those who cannot afford a lawyer – is a highly encouraged practice. The American Bar Association reminds lawyers that “Every lawyer has a professional responsibility to provide legal services to those unable to pay.

October 28, 2020

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President Trump Issues Executive Order Crippling Civil Service Protections for Federal Employees and Ushering in a New Era of Cronyism and Political Patronage

Watch out federal employees. President Trump seeks to remove hundreds of thousands of federal employees from civil service protections to create a class of employees beholden solely to him and his political whims.

October 26, 2020

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