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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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Fair Work, Fair Wages | Why Job Opportunity Specialists  Are Pushing For Unpaid Overtime Under the Fair Labor Standards Act

Job Opportunity Specialists filed a complaint against NYC claiming that they are not being paid time-and-a-half overtime for their overtime hours.

May 09, 2024

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Federal Court Preliminary Approves Class Action Settlement in Tip Pool Lawsuit Brought by Schwazze Budtenders in New Mexico and Colorado

On April 1, 2024, a federal district court in New Mexico preliminary approved a class action settlement on behalf of approximately 250 budtenders employed by Medicine Man Technologies Inc. (doing business as Schwazze) in New Mexico and Colorado. The settlement provides the budtenders in the Settlement Class with a total of $525,000 to resolve their claims that the cannabis company unlawfully required them to share tips with supervisory employees called Shift Leads in violation of the Fair Labor Standards Act (FLSA) and New Mexico law.

April 05, 2024

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Colorado Dispensary Employee Files Class Action Wage Complaint

A former dispensary employee has filed a class action lawsuit against “Yuma Way LLC,” a company that owns and operates nine marijuana dispensaries in the state of Colorado. The lawsuit, filed March 20, 2024, in the Colorado District Court for Denver County, alleges that Yuma Way LLC failed to provide the rest breaks and meal breaks required by Colorado wage and hour laws.

March 29, 2024

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New York City amends Earned Safe and Sick Time Act to add private right of action.

Employees in New York City now have the right to sue directly in court if their employers violates the New York City Earned Safe and Sick Time Act (ESSTA). The ESSTA gives employees the right to use leave for the care and treatment of themselves or a family member, and to use leave to seek legal and social services assistances.

March 27, 2024

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UFC Settles Fighters’ Class Action Antitrust Lawsuit for $335 Million

Recently, UFC fighters settled a decade long antitrust case against the Ultimate Fighting Championship (“UFC”) and its parent company. The fighters alleged that the UFC, a mixed martial arts organization, has monopoly power to suppress their compensation.

March 26, 2024

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Class Action Filed on Behalf of Cannabis Workers Includes Minimum Wage and Overtime Violations

A former employee of cannabis company Glass House Brands Inc. filed a proposed class action against the company, its subsidiaries, and 50 individual defendants on behalf of himself and other current and former employees of the company in the City of Carpinteria, California (Melendez v. Glass House Camarillo Cultivation LLC et al).

February 29, 2024

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Virginia Home Care Agency Pays $876,000 in Back Wages and Penalties to Workers Unlawfully Denied Overtime

108 Workers for a Virginia Home Care Agency recovered nearly a million dollars from their employer recently, as a result of the Agency’s failure to pay them for overtime that they had worked. The home care industry is rife with abuse, with employers failing to properly calculate their workers’ overtime hours, or to properly credit them for having performed certain hours of work, among other violations.

February 27, 2024

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NLRB Official Rules that Dartmouth Basketball Players Can Vote to Unionize as Employees of the University

In a ruling that will likely affect the rights of college athletes for years to come, a National Labor Relations Board (NLRB) official ruled on February 5, 2024, that men’s basketball players at Dartmouth are “employees” of the university eligible to vote and form a union.

February 22, 2024

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Lawsuit Filed on Behalf of “Fleet Deckhands” and other “Day Rate Workers,” Allegedly Misclassified as Overtime Exempt Seamen by Food Processing Company ADM

On February 9, 2024, a “Fleet Deckhand” working for Archer-Daniels-Midland Company, a food processing company, filed suit against his employer in the Northern District of Illinois, seeking unpaid overtime, liquidated damages, and attorneys’ fees.

February 21, 2024

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MSE Partners Participate in ABA Midwinter Meeting

MSE Partner Sara Faulman, Union/Employee Co-Chair of the ABA's Fair Labor Standards Act Subcommittee, discusses FLSA Hot Topics, including MSE's recent victory on behalf of 2500 NYC EMTs and Paramedics before the Second Circuit Court of Appeals in upholding an $18 million unpaid overtime trial verdict.

February 15, 2024

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