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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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False Claims Act Lawsuit Alleging Cybersecurity Fraud Ends in Significant Settlement

The Department of Justice announced settlement of a high-profile False Claims Act lawsuit against Aerojet Rocketdyne. The lawsuit, filed by former employee Brian Markus, alleged the company misled the federal government about its efforts to safeguard controlled unclassified information from cybersecurity threats.

July 26, 2022

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Rhode Island Enacts New Tip Protection Law

On June 28, 2022, Rhode Island passed new legislation to protect tipped employees. The tip protection statute prohibits employers of tipped workers from retaining employee tips, creates new requirements for tip pools, and sets deduction requirements for credit card processing fees.

July 21, 2022

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Hawaii Becomes First State to Raise Minimum Wage to $18 Per Hour

On June 23, 2022, the Governor of Hawaii signed legislation making Hawaii the first state to increase its minimum wage to $18.00 per hour. The minimum wage will increase gradually from $10.10 to $12.00 on October 1, 2022, and it will increase $2.00 per hour every other January before reaching $18.00 per hour on January 1, 2028.

July 20, 2022

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Third Circuit Agrees Workers Were Wrongly Punished for Wearing Black Lives Matter Masks

The Third Circuit enjoined a Pittsburgh-area transit authority’s ban on workers wearing face masks with political messages, including “Black Lives Matter” masks.

July 14, 2022

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Arizona Supreme Court Sides with Employees, Rejecting Application of the Federal Portal-to-Portal Act

In a July 8, 2022 opinion, the Arizona Supreme Court rejected the State of Arizona's argument that, as an employer, it could require its employees to undergo a 30-minute security screening process at the start of each shift, without paying for it.

July 12, 2022

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Supreme Court Affirms Right of Military Service Members to Sue State Employers for Unlawful Discriminatory Conduct Under USERRA

On June 29, 2022, in Torres v. Texas Department of Public Safety, No. 20-603, the U.S. Supreme Court affirmed the right of service members to bring suit against state employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

July 08, 2022

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Eleventh Circuit Rules That Damage Investigators are Not Exempt from the FLSA

In Fowler v. OSP Prevention Group, Case No. 19-12277 (June 27, 2022), the appellate court considered whether property damage investigators performed administrative services or production work for their employer. Employers are required to pay overtime to employees who work more than 40 hours a week under the FLSA.

July 06, 2022

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Three States and the District of Columbia Increase Minimum Wages Effective July 1, 2022

Effective July 1, 2022, the minimum wage in Washington, DC, increased from $15.20 to $16.10 per hour. The wage hike applies to non-tipped employees and is a result of the Fair Shot Minimum Wage Amendment of 2016. The minimum wage increased for tipped employees to $5.35 per hour.

July 01, 2022

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Chicago Commission on Human Relation Enhances Sexual Harassment Protections

The Chicago Commission on Human Relations recently amended the Chicago Human Rights Ordinance to expand sexual harassment protections and require employers to implement annual anti-harassment training programs for employees.

June 24, 2022

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MSE Represents IAFF Local 1366 President

Represented by McGillivary Steele Elkin LLP, on June 21, 2022, IAFF Local 1366 President Scott Dix filed a federal lawsuit against the City of Cedar Falls and City officials asserting that the City violated his First Amendment right to free speech and association.

June 23, 2022

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