McGillivary Steele Elkin LLP

04/27/2026

A Tesla Gigafactory worker says racist slurs, “slave” references, and threats of “whipping” were part of the daily grind—while HR allegedly looked the other way. A new federal lawsuit puts another spotlight on claims that civil rights violations at Tesla aren’t a bug, but a pattern. To learn more, visit:

Tesla's Nevada Gigafactory faces new racial harassment lawsuit, filed by MSE attorneys, alleging slave references and slurs on the shop floor

04/10/2026

Getting paid like an employee but taxed like a business? 🤔
If you’re on a 1099 but living a W 2 life, you might be misclassified. Your paycheck deserves better. 💸
👉 Read our latest blog & see where you really land.

The Lively v. Baldoni case demonstrates the important differences between the legal rights of employees and independent contractors.

02/23/2026

NYC workers—your time off just got stronger. Local Law 145 expands your protected sick and safe leave, gives you 32 hours of unpaid time off on day one, and adds new reasons you can take leave. Learn what these changes mean for you and how the DCWP is strengthening worker rights across the city.

Local Law 145 expands NYC's Earned Safe and Sick Leave Law to provide for protected time off in other types of emergencies.

02/20/2026

Big news for autoworkers! 🚗💪 UAW Local 42 and Volkswagen have reached a historic first contract, offering major wage gains, better health care, real job security, and a strong voice on the shop floor. Interested in unionizing or curious about its impact on Southern blue-collar workers? Check out our latest blog post for a straightforward breakdown. 👉 Read more: https://www.mselaborlaw.com/news/shifting-gears-workers-ratify-first-uaw-volkswagen-contract-in-chattanooga/

Workers at Volkswagen Chattanooga secured their first UAW contract, winning wage, benefit, and workplace improvements through strong collective action.

01/27/2026

Paid family, medical, sick & safe leave laws are expanding nationwide in 2026. States are boosting benefits, widening eligibility, and strengthening worker protections—often where federal law falls short. Know your rights.

State paid family, medical, sick, and safe leave laws are expanding in 2026. Learn what workers and employers need to know.

01/21/2026

✨ Overtime? She Hardly Knew Her. ✨
In Kraska v. Pieciak, a home health aide says she worked marathon shifts—about 18 hours a day, every day—while her paycheck basically took a nap. The defendants tried to chalk it up to a “companionship services” exemption, but the court wasn’t buying it and let the case move forward.
For more information on the decision and workers' FLSA rights, visit

Federal court allows home health aid's claims that she was not paid for all hours worked or overtime required by the FLSA to proceed.

11/19/2025

MSE is excited that three of our partners, Megan Mechak, Diana Nobile, and Sarah Block, were invited to present at the 19th Annual ABA Labor & Employment Law Conference last week in Denver, CO.

✨ Diana and Sarah participated in separate panels on recent wage and hour cases and developments, with Diana focused on the federal Fair Labor Standards Act and Sarah addressing state law updates, and
✨ Megan tackled a panel on ethical issues that arise when attorneys work with difficult adversaries.

In addition, Megan and MSE partner David Ricksecker were Track Co-Chairs, helping to plan the conference.

10/31/2025

🦪 Can Oyster Shuckers Share Tips? The DOL Says... It Depends!
The Department of Labor has dropped a fresh opinion letter (FLSA2025-03) that’s making waves in the restaurant world. Spoiler alert: not all oyster shuckers are created equal. Only those interacting with guests can join the tip pool, says the DOL.
💡 Why does this matter? Because under the FLSA, tip pools are only for those who “customarily and regularly receive tips.” Translation: if you don’t interact with customers, you don’t get a slice of the tip pie.
📣 Tipped workers: Know your rights. If your employer is mixing non-tipped staff into your tip pool while claiming a tip credit, you might have a claim. And we’re here to help.
🧾 Read the full scoop: https://www.mselaborlaw.com/news/shelling-out-tips-who-gets-what/
📞 Need backup? https://www.mselaborlaw.com/contact-us/

10/28/2025

Capital One Services LLC pays $20k for wrongly classifying learning associates as exempt under FLSA. Discover your rights: https://www.mselaborlaw.com/practice-areas/misclassified-ot-ineligible/.

A very common example of misclassification is when a worker is promoted to an alleged managerial or team leader position because of...

10/20/2025

🚨 New Blog Alert 🚨
The U.S. Department of Labor has clarified that emergency pay must be included in overtime calculations under the FLSA. This impacts fire fighters and other non-exempt city employees working during declared emergencies.
📊 Learn how this affects regular rate calculations
📖 Read the full breakdown: https://www.mselaborlaw.com/news/emergency-pay-must-be-included-in-flsa-ot-calculations-per-dol/

DOL WHD Opinion Letter FLSA-2025-04 recently clarified that “emergency pay” provided to non-exempt city employees must be included in their regular rate of pay when calculating overtime premiums under the FLSA.