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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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D.C. FMLA Amendment

On May 27, 2020, D.C. Mayor Bowser signed the COVID-19 Support Emergency Amendment Act (“CSEA”), which temporarily amended the D.C. Family Medical Leave Act. The amendment allows an employee who has worked at least 30 days for any employer to take up to 16 weeks of unpaid COVID-19 leave.

July 29, 2020

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NLRB Advice Memos Suggest Employers’ Should be Given Leeway When Considering Unilateral Changes to Working Conditions During COVID-19 Pandemic

On July 15, 2020 the National Labor Relations Board’s (NLRB) General Counsel’s Office (GCO) published five “advice memos,” detailing advisory attorneys’ answers to novel legal questions regarding the COVID-19 pandemic posed by field offices.

July 27, 2020

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Expanse in Unemployment Benefits

The Department of Labor’s Employment Training Administration (“ETA”) informed states on July 21, 2020 that workers who refuse unsafe job offers may be able to collect expanded unemployment benefits under the CARES Act’s Pandemic Unemployment Assistance (“PUA”).

July 23, 2020

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DOL Return to Work Guidance

The Department of Labor (“DOL”) published guidance for workers and employers on July 20, 2020, further detailing how the protections of the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”), and the Families First Coronavirus Response Act (“FFCRA”) impact workplaces during the on-going coronavirus pandemic.

July 21, 2020

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Colorado Mandates Paid Sick Leave for Workers

On July 14, 2020, Colorado enacted the “Healthy Families and Workplaces Act,” Senate Bill 20-205, which requires employers with at least 16 employees to provide paid sick leave to their workers. Starting January 1, 2021, these workers will receive up to 48 hours paid sick leave per year (1 hour accrued for every 30 hours worked).

July 17, 2020

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Virginia Adopts Nation’s First Statewide Emergency Workplace Safety Standards Responding to COVID-19

On July 15, Virginia adopted the nation’s first statewide emergency workplace safety standards related to COVID-19. Governor Northam stated: “Workers should not have to sacrifice their health and safety to earn a living, especially during an ongoing global pandemic.”

July 16, 2020

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Pay Disparity Lawsuit for Florida Private University

Many employers around the country continue to run their operations under inequitable pay structures that create disparities between men and women, despite federal protections against such inequality enshrined in the Equal Pay Act and other authorities. Accordingly, many employers find that shortchanging the women in their workforce ultimately hurts them in the long run.

July 15, 2020

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Minimum Wage Increase in District of Columbia

As of July 1, 2020, the minimum wage in the District of Columbia increased to $15 per hour and the minimum wage for tipped employees—workers like servers and bartenders—increased to $5 per hour. This means that tipped employees who work overtime must be paid at least $12.50 per hour for all hours of overtime work.

July 13, 2020

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Changes in Workers’ Compensation Laws in Response to COVID-19

[07/09/2020 Update] More states have addressed the continuing impact of COVID-19 on American workers, including updating their earlier responses:

July 09, 2020

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Federal Appeals Court Reverses FLRA Decision Limiting Bargaining Rights

In both a major victory for labor rights and a well-deserved rebuke to the current, notoriously anti-union Federal Labor Relations Authority (“FLRA”), the U.S. Court of Appeals for the District of Columbia Circuit reversed an FLRA decision, on June 9, 2020, that had greatly reduced the types of workplace changes over which federal sector unions could negotiate.

July 06, 2020

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