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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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The EEOC Sues Illinois Gaming Parlor Chain for Pay Discrimination

On August 11, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) sued Lacey’s Place, a chain of 30 gaming parlors in Illinois, claiming violations of the Equal Pay Act and Title I and Title VII of the Civil Rights Act.

September 01, 2022

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568 JetBlue Flight Attendants Settle Revived California Wage/Overtime Case for $3.6 Million

After some minor legal turbulence, a California wage and hour lawsuit filed by two former JetBlue flight attendants in 2015 has finally reached a settlement, which will require JetBlue to pay out $3.6 million, including attorneys’ fees, to a class of 568 current and former flight attendants. The lawsuit, styled Booher et al. v. JetBlue Airways Corp., No. 4:15-cv-01203 (N.D. Cal.

August 30, 2022

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Fourth Circuit Panel Says That Gender Dysphoria is a Disability Covered Under the ADA

In a split decision, the Fourth Circuit ruled in Williams v. Kincaid that gender dysphoria is a disability protected under the Americans with Disabilities Act. The Americans with Disabilities Act protects people from disability discrimination in employment, public accommodations, and transportation.

August 25, 2022

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9th Circuit Awards Union Legal Costs Incurred During Bargaining

On August 11, 2022, the Ninth Circuit Court of Appeals ruled in NLRB v. Ampersand Publishing, LLC, Case No. 21-71060, that the National Labor Relations Board (NLRB) can order an employer to reimburse legal fees incurred by a union during the collective bargaining process.

August 24, 2022

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D.C. Circuit Upholds NLRB Ruling Finding That Vulgar Opposition to Overtime Policy Was Protected Conduct

Applying the NLRB’s Wright Line test, the Court upheld the Board’s conclusion that the employee’s protest of the overtime policy was protected activity, that the company knew about the activity, and that the employee demonstrated a causal link between his protest and his termination.

August 18, 2022

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MSE Represents Gadsden Fire Fighters in Adding Retaliation Claims Against the City and Personnel Director Kerry Payne

To Hear MSE Attorney Dave Ricksecker discuss Gadsden Fire Fighters Pay/Retaliation Claims on WBRC news

August 17, 2022

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Judge Awards $1.2 Million in Unpaid Overtime Wages for Home Healthcare Workers

On August 8, 2022, a judge in the Western District of Pennsylvania found that Elder Resource Management Inc. and Staff Source Inc. jointly and willfully violated the Fair Labor Standards Act (FLSA) by failing to pay home healthcare workers overtime pay.

August 16, 2022

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Marco’s Pizza Delivery Drivers File Putative Class Action in Ohio for Wage Violations

On August 2, 2022, tipped-wage pizza delivery drivers in Ohio sued their employer, Marco’s Pizza, on behalf of a putative class of over 100 workers for minimum wage and overtime violations under the Fair Labor Standards Act (FLSA) and Ohio law.

August 11, 2022

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Rosen Hotels and Resorts Inc. Agrees to Pay $2.3 Million to Settle WARN Act Claims

Rosen Hotels and Resorts Inc. has agreed to pay $2.3 million to settle Worker Adjudgment and Retraining Notification (“WARN”) Act claims brought by former employees who were laid off during early days of the COVID-19 pandemic.

August 09, 2022

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Papa John’s Settles “No-Poach” Case for $5 Million

In January of 2019, a federal court in Kentucky consolidated three cases filed against Papa John’s, alleging violations of the Sherman Antitrust Act. Papa John’s franchises are independently owned and operated, but Papa John’s International, Inc. enters into a standard franchising agreement with each new franchise owner.

August 03, 2022

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