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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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Federal Court Preliminary Approves Class Action Settlement in Tip Pool Lawsuit Brought by Schwazze Budtenders in New Mexico and Colorado

On April 1, 2024, a federal district court in New Mexico preliminary approved a class action settlement on behalf of approximately 250 budtenders employed by Medicine Man Technologies Inc. (doing business as Schwazze) in New Mexico and Colorado. The settlement provides the budtenders in the Settlement Class with a total of $525,000 to resolve their claims that the cannabis company unlawfully required them to share tips with supervisory employees called Shift Leads in violation of the Fair Labor Standards Act (FLSA) and New Mexico law.

04/05/2024

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Virginia Home Care Agency Pays $876,000 in Back Wages and Penalties to Workers Unlawfully Denied Overtime

108 Workers for a Virginia Home Care Agency recovered nearly a million dollars from their employer recently, as a result of the Agency’s failure to pay them for overtime that they had worked. The home care industry is rife with abuse, with employers failing to properly calculate their workers’ overtime hours, or to properly credit them for having performed certain hours of work, among other violations.

February 27, 2024

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Golden Corral Corporation Data Breach Investigation

On August 15, 2023, Golden Corral Corporation discovered that its network had been subject to to unauthorized activity and began investigating.

February 23, 2024

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Harvard Pilgrim Health Care Data Breach Investigation

On April 17, 2023, Harvard Pilgrim Health Care discovered that its network had been subject to to unauthorized activity and began investigating.

February 23, 2024

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NLRB Official Rules that Dartmouth Basketball Players Can Vote to Unionize as Employees of the University

In a ruling that will likely affect the rights of college athletes for years to come, a National Labor Relations Board (NLRB) official ruled on February 5, 2024, that men’s basketball players at Dartmouth are “employees” of the university eligible to vote and form a union.

February 22, 2024

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Lawsuit Filed on Behalf of “Fleet Deckhands” and other “Day Rate Workers,” Allegedly Misclassified as Overtime Exempt Seamen by Food Processing Company ADM

On February 9, 2024, a “Fleet Deckhand” working for Archer-Daniels-Midland Company, a food processing company, filed suit against his employer in the Northern District of Illinois, seeking unpaid overtime, liquidated damages, and attorneys’ fees.

February 21, 2024

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Perry Johnson & Associates, Inc. Data Breach Investigation

On May 2, 2023, Perry Johnson & Associates, Inc. discovered that its network had been subject to to unauthorized activity and began investigating.

February 15, 2024

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MSE Partners Participate in ABA Midwinter Meeting

MSE Partner Sara Faulman, Union/Employee Co-Chair of the ABA's Fair Labor Standards Act Subcommittee, discusses FLSA Hot Topics, including MSE's recent victory on behalf of 2500 NYC EMTs and Paramedics before the Second Circuit Court of Appeals in upholding an $18 million unpaid overtime trial verdict.

February 15, 2024

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SCOTUS Lowers Burden on SOX Whistleblowers

The U.S. Supreme Court has ruled that whistleblowers bringing claims for retaliation under the Sarbanes-Oxley Act do not need to prove that they were victims of intentional retaliation. The Court also reinstated a $900,000 jury verdict awarded to a research strategist fired by UBS Group AG.

February 14, 2024

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Wendy’s Failed to Provide Adequate Time and Space to Pump Breast Milk, Employee Alleges

On February 1, 2024, a worker at a Georgia Wendy’s sued the owner of the franchise where she worked, as well as the Wendy’s parent company, alleging that she and breastfeeding workers nationwide had been given insufficient time and inadequate locations to pump breastmilk, in violation of federal law.

February 08, 2024

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