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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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Families First Coronavirus Response Act Revised Final Rule

The Department of Labor (“DOL”) issued a revised Final Rule, effective on September 16, addressing a federal court ruling in August that its Final Rule implementing the Families First Coronavirus Response Act (“FFCRA”) exceeded its authority.

September 14, 2020

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Managing Partner Gregory McGillivary Awarded Best Lawyer Recognition for Employment Law

Gregory McGillivary, the managing partner at McGillivary Steele Elkin LLP, has been awarded the recognition of ‘Best Lawyer for Employment Law – Individuals’ for the 2021 Best Lawyer rankings.

September 02, 2020

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DOL Updated Overtime Guidance

As the Department of Labor has recently highlighted, that is a very important question for determining when employees are owed overtime.

August 27, 2020

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OSHA Cloth Face Mask Recommendation

The Occupational Safety and Health Administration (“OSHA”), which has recommended that workers wear cloth face coverings to prevent the spread of COVID-19, said on July 31, 2020, that cloth face coverings won’t hinder oxygen levels or cause an unhealthy buildup of carbon dioxide.

August 14, 2020

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Vacation During the Pandemic

While workers may be limited in their activities during the on-going COVID-19 pandemic, vacation remains an important benefit for many. However, with COVID-19 precautions varying across the states, employers have more interest in where there employees spend their free time than in the past, and the pandemic presents new considerations for both workers who want to take vacation and their employers.

August 13, 2020

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OPM Issues Interim Rule to Provide Parental Leave to Federal Employees

Pursuant to an interim rule published earlier today by the Office of Personnel Management effective October 1, 2020, agencies must grant twelve weeks of paid parental leave to employees in connection with the birth of an employee's son or daughter or the placement of a son or daughter with an employee for adoption or foster care.

August 11, 2020

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Federal Appeals Court Reverses FLRA Decision on Basis that FLRA Failed to Defer to Arbitrator

In a major rebuke to the current, anti-union Federal Labor Relations Authority (“FLRA”), on July 31, 2020, the U.S. Court of Appeals for the District of Columbia Circuit reversed an FLRA decision that had reversed an arbitrator’s determination that a federal agency had violated its collective bargaining agreement when it cancelled the agreement.

August 10, 2020

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NY Judge Shuts Down DOL’s Attempt to Limit Paid Leave in Response to COVID-19

On August 3, 2020, the Southern District of New York concluded that parts of the Department of Labor’s Final Rule implementing the Families First Coronavirus Response Act (“FFCRA”) were overly broad and, therefore, invalid.

August 06, 2020

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EEOC Right to Sue Notices

On August 3, 2020, the EEOC announced that it would begin sending so-called “right-to-sue” notices again after suspending that activity on March 21, 2020 due to the COVID-19 pandemic.

August 04, 2020

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School Safety Agents Receive $27.7 Million Settlement for Unpaid Wages

On June 8, 2020, U.S. District Judge Lorna G. Schofield approved a $27.7 settlement agreement in a case brought by 3,867 current and former School Safety Agents (SSAs) for the City of New York alleging unpaid overtime. The SSAs are members of the Teamsters Local 237 Union.

August 03, 2020

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