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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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20 States Increased Minimum Wage on January 1st 2022

Happy New Year! The federal minimum wage ($7.25 per hour) may not have gone up, but on January 1, 2022, new state minimum wage laws took effect around the country, including in the following states:

January 05, 2022

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Departments of Labor and Justice Reaffirm Commitment to Enforce Protections for Servicemembers and Veterans under USERRA

On December 8, 2021, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) and the U.S Department of Justice’s Civil Rights Division signed a Memorandum of Understanding “to reaffirm their commitment to administer and enforce the protections afforded to military service members and veterans by the Uniformed Services Employment and Reemployment Rights Act of 1994.”

December 28, 2021

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Build Back Better Act Proposes Federal Paid Leave Program

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA), a $2 trillion dollar piece of legislation that includes the first federal paid leave program. If passed into law, starting in 2024, the BBBA would provide all U.S. workers with 4 weeks of paid leave for (1) becoming new parents; (2) to treat their own serious health condition; or (3) to care for a loved one with a serious health condition.

December 21, 2021

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Fourth Circuit Rules That Rates of Pay, Not Total Compensation, Determine the Validity of Equal Pay Act Claims

The Equal Pay Act’s requirement that employers provide employees equal pay for equal work applies to rates of pay within each pay type employees receive, not to total compensation, according to a ruling by the U.S. Court of Appeals for the Fourth Circuit issued on December 3, 2021.

December 16, 2021

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EEOC Updates COVID-19 Guidelines to Address Disability Protections

On December 14, 2021, the EEOC updated its COVID-19 guidance to address disability protections for those experiencing COVID-19. In July, the Department of Justice and the Department of Health and Human Services issued “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.”

December 15, 2021

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Minimum Wage for Employees Working on Four Types of Federal Contracts Will Increase to $15 Per Hour Starting January 2022

Pursuant to a Department of Labor Final Rule implementing President Biden’s April 27, 2021 Executive Order 14026, which provides that the federal government’s procurement interests are promoted when it contracts with companies that adequately compensate their workers, federal contractors on four types of contracts will now be required to pay workers a minimum wage of at least $15 per hour, with increases to be published annually.

December 14, 2021

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DOL Launches New Initiative to Ensure Homecare Workers’ Rights Are Protected

Did you know that November was National Home Care & Hospice Month? Every November, the home care and hospice community honors the country’s hardworking home health aides and homecare workers and, this year, the Department of Labor (“DOL”) has announced the start of a new initiative, ramping up education, outreach, and enforcement to ensure the rights of professional caregivers are protected.

December 09, 2021

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Employees in New York Receive Expanded Whistleblower Protections

New York employees received additional protection for whistleblowing activities on October 28, 2021, when Governor Kathy Hochul signed amendments to the state’s whistleblower law (Labor Law § 740).

November 30, 2021

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New York Paid Family Leave Law to Include Siblings Starting January 2022

In New York, “siblings” are now officially part of the family.

November 23, 2021

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Biden Administration Releases Guidance Promoting Federal Workforce Unionization

On October 20, 2021, the Office of Personnel Management (OPM) released two guidance memos for all federal agencies to promote federal union membership.

November 18, 2021

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