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Steven McDonald is a hearing advocate in our Las Vegas, Nevada office. Mr. McDonald earned his undergraduate degree from the University of Nevada at Las Vegas (UNLV) and an MBA graduate degree from National University, San Diego, California before earning his Juris Doctorate degree from the William S. Boyd School of Law at UNLV. He is admitted to practice law before federal and state courts in the U.S. Virgin Islands and in the U.S. Tax Court. He was formerly an active member to practice law in Nevada as a federally-funded legal aid attorney and pro bono coordinator. He is currently licensed as a hearing advocate in Nevada's workers' compensation system. During law school, Mr. McDonald completed a one-year judicial externship with the U.S. District Court, District of Nevada, for the Honorable Lloyd D. George and subsequently served two judicial clerkships in the Eight Judicial District, State of Nevada, for both the Honorable Cynthia Dianne Steel and Honorable Jennifer Elliott. Additionally, Mr. McDonald worked for a federally-funded non-profit legal aid law firm, and a botique, private law firm in the practice areas related to government benefits, landlord/tanant disputes, family law matters, real estate litigation, and business transactional work. Prior to his legal career, Mr. McDonald put in over 20 years of executive experience in federal, state, and local government, including gubernatorial appointments as the former Assistant Administrator of the State of Nevada's Division of Industrial Relations (DIR) with overall responsibility for the regulation and enforcement of Nevada's Workers' Compensation system, OSHA, and safety of active, open mines, and above-ground mineral quarries. Similarly, he served as a former Nevada Deputy State Treasurer over unclaimed property regulation and consumer protection and as a state administrative hearing officer conducting hearings for Nevada's Department of Business & Industry for several state agencies including the Labor Commissioner, Real Estate, Manufactured Housing, and DIR's workers' compensation section.

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The WorkCompAcademy is a full featured online learning experience. Our faculty includes the leading practitioners in the California Workers' Compensation Community. Our online curriculum covers all aspects of Workers' Compensation Claims, from basic concepts to advanced topics of value to experienced practitioners such as senior claims exectives, attorneys, and Qualified Medical Evaluators. Students can access classes any time, from any internet connected computer. Courses can be completed at an individualized pace.

Employment Law Daily News for Aug 01, 2014

Company Sued for Allegedly Requiring Employees to Disclose Medical Condition When Requesting Sick Leave
Fri, 01 Aug 2014 16:08:28 - Pacific Time

The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, has been sued by the U.S. Equal Employment Opportunity Commission  (EEOC) for allegedly violating disability discrimination laws. According to the EEOC, the company required Thomas Young, and other employees, to reveal the specific nature of their medical illness in order to have necessary sick leave count as an excused absence. The EEOC has charged that this is an unlawful disability-related inquiry under the ADA  and not justified by business necessity. The EEOC has also alleged that the company retaliated against employees for their refusal to comply with the company's request for medical information. Read More...

Common Pitfalls of Work-Related Email
Fri, 01 Aug 2014 15:43:36 - Pacific Time

Work related communication is often via email. However, as an article in www.sfgate.com ("Work email etiquette dos and don'ts") suggests, work related email should not always be a substitute for conversation. The informative article follows: "Whether you work for a Bay Area tech leader or an early stage startup, writing emails is a part of your day. An email can sometimes substitute a conversation — but that doesn't mean it should. Some thoughts don't transfer well into an electronic message. Keep these dos and don'ts in mind before clicking the send button. Read More...

CalChamber Opposes Legislation That "Publicly Shames" Employers With Employees Who Use Public Assistance
Thu, 31 Jul 2014 14:44:37 - Pacific Time

CalChamber and other employer groups are opposing AB 1792 (Gomez; D-Los Angeles); a hearing is set for August 4 in the Senate Appropriations Committee. According to CalChamber, AB 1792 unfairly exposes private sector employers with more than 50 employees who are beneficiaries of Medi-Cal, CalWORKS, or CalFresh to liability, to public protests and media attacks by creating a public list of those employers and the cost to the state of the benefits being provided to their workers. The bill asks the state Employment Development Department (EDD) and the state Department of Finance (DOF) to develop and publish the list  in consultation with the state Department of Health Services and the Department of Social Services. Read More...

Number of Retaliation Complaints Continues to Increase
Thu, 31 Jul 2014 14:24:09 - Pacific Time

The Equal Employment Opportunity Commission (EEOC) is reporting that retaliation complaints continue to be the fastest-increasing type of complaint filed with the EEOC. In a recent case, Cardiac Science Corporation, an international manufacturer of diagnostic and therapeutic cardiology products based in Waukesha, Wisconsin, will pay $50,000 and furnish other relief under a consent decree entered by a federal court in a retaliation lawsuit brought by the EEOC. The case (EEOC v. Cardiac Science Corporation (Civil Action No. 2:13-cv-01079)), is also interesting because of the EEOC's position on severance agreements. Cardiac Science had offered severance agreements to Lashell Love and 56 other employees it had decided to lay off. The agreements were identical except for each employee's name and the monetary amount offered. When Cardiac Science learned that Love had previously filed an EEOC charge against it, the EEOC said, it refused to give her the severance payments and benefits she had been promised. Read More...

Fast-Food Workers Advocate for $15.00-An-Hour Wage
Mon, 28 Jul 2014 07:54:33 - Pacific Time

Approximately 1,200 workers, from McDonald's, Burger King, and other fast food chains, arrived in Chicago on charter buses, from numerous cities from around the United States, to attend a conference calling for a $15.00-an-hour wage floor for the nation's 4 million fast-food workers. The gathering was largely underwritten by the Service Employees International Union (SEIU) which has 2 million members known for unionizing hospital workers, home care aides, and custodians. According to Mary Kay Henry, the union's president, the SEIU has adopted the fast food workers' cause to combat income inequality. The SEIU is seeking to unionize fast-food workers, although the efforts may prove difficult, as fast-food employees are scattered around the country among thousands of different franchised restaurants and their effort would likely be met with fierce opposition from franchisees and fast-food chains.

Read More...

Democrats Introduce the Family Friendly “Schedules That Work Act”
Fri, 25 Jul 2014 16:27:27 - Pacific Time

Democratic members of both Houses of Congress have introduced the "Schedules that Work Act" (H.R. 5159, S. 2642) which is a "family friendly" bill enabling employees to request flexible and/or regular schedules without the fear of retaliation. According to the sponsors, "While salaried workers often point to long hours and rigid schedules as serious workplace problems, hourly workers face a different problem: unpredictable and irregular work schedules in which they have minimal input...These practices can wreak havoc on working families. The Schedules That Work Act helps families balance their responsibilities at work with their responsibilities at home, while respecting the needs of employers. The bill provides that employees are protected from retaliation for requesting a more flexible, predictable or stable schedule; it creates an interactive process for employers to consider requests that is responsive to the needs of both employees and employers; and provides that employees who make a request must be granted the schedule change, unless the employer has a bona fide business reason for denying it; and, retail, food service, and cleaning employees must receive work schedules at least two weeks in advance. Read More...

Apple Faces Class Action for Alleged Failure to Provide Meal and Rest Periods
Thu, 24 Jul 2014 23:13:31 - Pacific Time

San Diego Superior Court Judge Ronald S. Prager has certified a class action lawsuit, which includes almost 21,000 current and former hourly retail and corporate Apple employees. The lawsuit, which seeks a jury trial, covers the period from December 2007 to August 2012, exposing the tech company to potentially millions of dollars in damages. According to Judge Prager, a class action "is the only feasible method to fairly and efficiently adjudicate these claims." The plaintiffs allege that Apple's policy provided workers with a meal break after the first five hours of working, as opposed to the time period required by California law, which is that the meal period be provided by the fifth hour of work or the employee is owed an extra hour of pay. The plaintiffs also claim that Apple's scheduling policy made taking meal and rest periods "extremely difficult"; that employees were not compensated with the required extra hour of pay for missed meal periods and breaks; and that employees were given inaccurate itemized wage statements. Further, according to the lawsuit, employees who resigned or were terminated were not given final paychecks in a timely manner as required by law. Read More...

President Obama Signs Order Prohibiting Federal Contractors From Engaging in LGBT Discrimination
Tue, 22 Jul 2014 20:56:39 - Pacific Time

President Obama has signed an Executive Order, amending the 1965 Executive Order 11246, which prohibits federal contractors from engaging in discrimination based on sexual orientation and gender identity. The President's Executive Order also amends Executive Order 11478, which covers the federal civilian workforce, by adding "gender identity" as a new protected status. Read More...

President Obama Signs the “Workforce Innovation and Opportunity Act” Into Law
Tue, 22 Jul 2014 19:11:00 - Pacific Time

President Barack Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law on July 22, 2014. According to the Department of Labor (DOL) the WIOA is "by far the most significant reform of federal job training programs in more than 15 years and a critical step toward helping workers and employers succeed in the 21st century economy." WIOA is a job training program designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with skilled workers. Congress passed the WIOA by a wide bipartisan majority; it is the first legislative reform in 15 years of the public workforce system. WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act Amendments of 1998. In general, the Act takes effect on July 1, 2015, the first full program year after enactment. The DOL will issue further guidance on the timeframes for implementation of these changes and proposed regulations reflecting the changes in WIOA soon after enactment. Read More...

Goodwill to Pay $100,000 for Alleged Retaliation
Tue, 22 Jul 2014 18:34:29 - Pacific Time

Goodwill Industries has agreed to pay $100,000 and provide other relief to settle a long-standing lawsuit for alleged retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC). In its lawsuit, the EEOC charged that Goodwill retaliated against a worker, Mary Goulet, at its Lawton, Oklahoma, store. Specifically, Goodwill allegedly terminated Ms. Goulet after she testified on behalf of another Goodwill employee in a prior federal sex and age discrimination lawsuit. The consent decree also provides for injunctive relief intended to prevent future discrimination, including notification to employees, revision and dissemination of anti-discrimination policies, and live training on anti-retaliation law, in addition to the $100,000 monetary award. Read More...

Past Employment Law News Articles

• Governor Brown Signs Bill for Small Businesses Authorizing Continuation of PRE-ACA Health Coverage: Mon, 21 Jul 2014 17:19:00 - Pacific Time: Read More...

• Employer to Pay $1,660,438 for Alleged Overtime Violations: Wed, 16 Jul 2014 19:09:36 - Pacific Time: Read More...

• EEOC Issues Updated Enforcement Guidance on Pregnancy Discrimination: Tue, 15 Jul 2014 17:44:10 - Pacific Time: Read More...

• Female Yahoo Executive Sued for Alleged Sexual Harassment: Tue, 15 Jul 2014 16:57:31 - Pacific Time: Read More...

• Ninth Circuit Affirms FLSA Anti-Retaliation Verdict in Favor of Los Angeles Police Officer: Fri, 11 Jul 2014 20:48:32 - Pacific Time: Read More...

• Refusal to Sign Disciplinary Notice Does Not Constitute Misconduct Barring UI Benefits in California: Fri, 11 Jul 2014 19:58:05 - Pacific Time: Read More...

• EEOC Sues County Court for Terminating 70-Year-Old Because of Age: Thu, 10 Jul 2014 16:00:30 - Pacific Time: Read More...

• House Approves Job Training Bill: Thu, 10 Jul 2014 15:46:44 - Pacific Time: Read More...

• Movement to Repeal Seattle’s Recently Enacted $15 Minimum Wage Clears Hurdle: Thu, 10 Jul 2014 15:30:31 - Pacific Time: Read More...

• EEOC Charges That Wal-Mart Rescinded Accommodation, Then Fired Intellectually Disabled Employee: Mon, 07 Jul 2014 08:22:58 - Pacific Time: Read More...