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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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Office of Business and Management Releases Memo on Shifting Back to On-Site Work

During the COVID-19 pandemic, many federal agencies expanded the availability of telework to their employees to enable non-essential employees to work remotely. On April 20, 2020, the Office of Management and Budget (OMB) issued a memorandum to the federal agency heads instructing them to “ramp back up government operations to the maximum extent possible” and return federal employees to work at government facilities.

April 22, 2020

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Virginia Human Rights Act Expansion

Last week, Virginia expanded the Virginia Human Rights Act and passed anti-discrimination protections specific to the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community.

April 20, 2020

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Babb v. Wilkie & Age Discrimination Protection

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees who are 40 years of age and older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment. 29 U.S.C. § 623, and § 633a (federal employees).

April 08, 2020

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OPM Proposes Revisions to Back Pay Act Regulations

The Office of Personnel Management (OPM) has proposed changes to its longstanding regulations interpreting the scope of the Back Pay Act.

March 12, 2020

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Court enters $17,780,063.00 Judgment in favor of NYC EMTs and Paramedics in Unpaid Overtime Lawsuit.

On February 5, 2020, the Honorable Vernon S. Broderick entered 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). This judgment represents $7,238,513.00 in backpay; $7,238,513.00 in liquidated damages; and $3,303,037.00 in attorneys’ fees and expenses.

February 05, 2020

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Unpaid Overtime Case Against Floor & Décor Outlets of America – Contact Us Now If You Think You Have A Claim

McGillivary Steele Elkin LLP (MSE) has agreed to co-counsel a developing unpaid-overtime claim case against Floor & Décor Outlets of America (F&D) on behalf of current and former employees who have worked for F&D as Warehouse Associates, Pro Services Associates, Customer Service Sales Associates, Sales Associates, Sales Consultants, and Overnight Stockers, among other positions (“Hourly Workers”).

January 01, 2020

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Sexual Violence Rightly Presumed to be Gender-Motivated

On Dec. 27, the First Department of New York’s Appellate Division issued a ruling in Breest v. Haggis, providing a landmark interpretation of the New York City Victims of Gender-Motivated Violence Protection Law (“VGM”).

December 30, 2019

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American Legal Institute Continuing Legal Education airs Replay of Session hosted by MSE Managing Partner

At the American Legal Institute Continuing Legal Education (ALI CLE) conference in New Mexico, July 2019, MSE Managing Partner Gregory McGillivary and Paul DeCamp of Epstein, Green and Becker were presenters for the session “Current Developments in Employment Law: Wage and Hour Update.

December 29, 2019

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Managing Partner and Labor Activist Gregory McGillivary writes the 2019 Freedom Now Report Introduction

Managing partner Gregory McGillivary was asked to write the introduction to the 2019 Freedom Now report following his pro bono work representing Vietnamese labor rights activist Nguyen Hoang Quoc Hung. Nguyen spent nine years in prison for peacefully organizing garment workers. He was finally released on Feb. 24, 2019 and was reunited with his family.

December 29, 2019

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ALERT: DOJ Overtime Pay Salary Threshold Increase Going into Effect Jan. 1, 2020

On Sept. 24, the DOJ finalized a plan to raise the white-collar overtime pay annual salary threshold from $23,660 to $35,568. This increase is scheduled to go into effect on Jan. 1, 2020.

December 27, 2019

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