Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more
2/11/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Labor Laws ,
Immigration Procedures ,
Legislative Agendas ,
Masks ,
Medical Marijuana ,
Public Access Laws ,
Retailers ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On January 14, 2021, Massachusetts Governor Charlie Baker signed into law an economic stimulus bill, H.5250, An Act Enabling Partnerships for Growth, which includes two significant changes to Massachusetts wage and hour laws....more
In 2016, several technology companies received or responded to proposals from investors that requested shareholder votes regarding whether the companies should be required to prepare reports addressing their policies and...more
The coming of a new year always presents uncertainty for retail employers on the labor and employment front, but particularly so this year with the coming of the Trump administration and Republican majority in Congress....more
1/4/2017
/ Affordable Care Act ,
Decriminalization of Marijuana ,
Dress Codes ,
Equal Pay ,
Federal Contractors ,
Guns-in-Trunks Legislation ,
Minimum Wage ,
NLRB ,
Retailers ,
Trump Administration ,
Wage and Hour
For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...more
5/23/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Restaurant Industry ,
Retailers ,
Standard Duties Test ,
Timekeeping ,
Wage and Hour ,
White-Collar Exemptions
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22,...more
5/4/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Job Descriptions ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Retailers ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more
As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to...more
Over the past two years, we have seen minimum wage hikes in states and cities (such as St. Louis, Kansas City, Los Angeles, and Emeryville) across the country as labor groups push for a universal $15 per hour minimum wage....more
One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among...more
A primer for retail and hospitality employers on what they need to know about predictive scheduling, and how they can ensure they do not run afoul of existing law - especially during the upcoming holiday season....more
The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of...more
The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more
Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable...more
Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more
1/14/2015
/ Ambush Election Rules ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Background Checks ,
Best Management Practices ,
Class Action Arbitration Waivers ,
Data Protection ,
Dress Codes ,
Hiring & Firing ,
NLRB ,
Religious Discrimination ,
Retailers ,
Sick Leave ,
Unions ,
Wage and Hour
In addition to the restrictions on opening in certain New England states, retailers with stores in Massachusetts and Rhode Island should also be aware of their obligation to pay their employees holiday pay (i.e.,...more
In advance of the holiday season, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent workplace injuries during major sales events,...more
News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been...more
The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more
10/3/2014
/ Abercrombie & Fitch ,
Affirmative Defenses ,
Conciliation ,
Direct Marketing Association ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Jurisdiction ,
PDA ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Clothing ,
Religious Discrimination ,
Religious Exemption ,
Retailers ,
Sales & Use Tax ,
SCOTUS ,
Screening Procedures ,
Staffing Agencies ,
Title VII ,
UPS