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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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Benson et al. v. Enterprise Leasing Company of Florida LLC Case Settled

On Wednesday, September 15, 2021, the attorneys in Benson et al. v. Enterprise Leasing Company of Florida LLC, notified the trial court that they had settled the case. The Benson plaintiffs alleged that their former employer, the parent company of car rental firms including Enterprise Rent-A-Car, laid them off from their jobs without notice in violation of the Worker Adjustment and Retraining Notification (“WARN”) Act.

September 21, 2021

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Courts Rule That Day Rate Workers (E.g., oil field workers, financial analysts, drivers, field engineers, water truck drivers, etc.) Entitled to Overtime Pay Regardless of Their Job Duties and Regardless of How Much They are Paid

Following several other federal courts, the U.S. Court of Appeals for the Fifth Circuit, has ruled that workers who are paid on a daily rate basis are entitled to be paid time and one-half overtime for all work hours over 40 hours a week.

September 17, 2021

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Starting January 30 2022, Minimum Wage for Federal Contractors and Subcontractors Will be Increased

Starting January 30, 2022, minimum wage for federal contractors and subcontractors will be increased to $15.00 per hour. The change comes from a new, proposed rule from the Department of Labor (“DOL”), implementing President Joseph Biden’s April 27, 2021 Executive Order on Increasing the Minimum Wage for Federal Contractors.

September 01, 2021

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California Employees Now Have Greater Meal and Rest Period Wage Protections

Pursuant to a recent decision by the California Supreme Court, employers in California are now required to include the value of an employee’s commissions, bonuses, and other non-discretionary pay in the meal and rest break premiums to which employees are legally entitled when the employer fails to provide them with a meal and/or rest break.

August 26, 2021

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McDonald’s Franchise Settles COVID-19 Public Safety Lawsuit and Agrees to Give Employees a Voice Over Workplace Safety

A McDonald’s franchise in Oakland, California recently settled a lawsuit brought by workers claiming it failed to take adequate COVID-19 precautions during the pandemic.

August 20, 2021

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DOL Withdraws Joint Employer Final Rule, after Court Found Rule Illegal

On July 30, 2021, the Department of Labor officially withdrew the Trump-era Joint Employer Final Rule, which made it more difficult for employees illegally denied proper minimum wage and overtime compensation to establish that they were jointly employed by more than one employer.

August 18, 2021

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New Virginia Wage Law Allows Car Dealership Employees To Receive Overtime Pay

The new Virginia Overtime Wage Act (“VOWA”), which went into effect on July 1, 2021, may catch some Virginia car dealerships off guard. As car dealership employees buckle down for the upcoming Labor Day sales crunch, many will find themselves newly entitled to overtime pay for their work.

August 09, 2021

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Court Denies City of New York’s Attempt to Avoid $17.7 Million Judgment in favor of NYC EMTs and Paramedics in Unpaid Overtime Lawsuit.

On August 5, 2021, the Honorable U.S. District Judge Vernon S. Broderick fully denied the City’s attempt to overturn the February 5, 2020 $17.7 million judgment in favor of 2,519 EMTs and Paramedics employed by the City of New York and the FDNY in an action brought pursuant to the Fair Labor Standards Act (FLSA).

August 06, 2021

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Connecticut Bans Inquiries into Job Applicants’ Age

Earlier this month, Connecticut passed an act prohibiting employers with at least three employees from inquiring into the age of prospective employees. The new law goes into effect on October 1, 2021.

July 30, 2021

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New York Federal Court Approves Settlement Awarding FDNY Motor Vehicle Operators and City Laborers an Average of $35,000 Each for Unpaid Overtime Wages

On July 22, 2021, a Magistrate Judge for the United States District Court, Southern District of New York approved a $429,901.18 settlement resolving the Fair Labor Standards Act (FLSA) claims of four individuals who worked or work for the New York City Fire Department (FDNY) as Motor Vehicle Operators (MVOs) and City Laborers.

July 28, 2021

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