The holiday season marks the busiest time of the year for retailers.
Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more
12/3/2024
/ Employees ,
Employer Liability Issues ,
Holiday Pay ,
Holidays ,
Independent Contractors ,
Paid Time Off (PTO) ,
Rest and Meal Break ,
Retail Market ,
Retailers ,
Seasonal Workers ,
Wage and Hour
In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Regulatory Authority ,
Set-Asides ,
Statutory Authority ,
Texas
Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses overtime rate requirements that manufacturers and retailers of cannabis products should consider to...more
2/1/2023
/ Cannabis-Related Businesses (CRBs) ,
Employees ,
Employer Liability Issues ,
Legislative Agendas ,
Manufacturers ,
Marijuana Related Businesses ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Retailers ,
State and Local Government ,
Wage and Hour
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to...more
This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more
1/4/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Compliance ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Timekeeping ,
Wage and Hour
In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave,...more
11/23/2022
/ California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Grants ,
Notification Requirements ,
Paid Sick Leave ,
Popular ,
Relief Measures ,
Small Business ,
Virus Testing ,
Workers’ Compensation
With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more
10/25/2022
/ Bereavement Leave ,
Cal-OSHA ,
California ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Data Reporting ,
Employee Tracking ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Governor Newsom ,
Healthcare Workers ,
Independent Contractors ,
Labor Reform ,
New Legislation ,
Paid Leave ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
WARN Act
In the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. They do it all...more
Some employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022...more
7/1/2022
/ Anti-Discrimination Policies ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Florida ,
Governor DeSantis ,
New Legislation ,
Race Discrimination ,
Sex Discrimination ,
State Labor Laws ,
Stop Woke Act
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State and Local Government ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more
5/27/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
Employer vaccination policies are probably the hottest workplace topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for...more
With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more
10/26/2021
/ Arbitration ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Family Leave Law ,
Piece-Rate Pay ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Tips ,
Unions ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Safety
With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for...more
9/1/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Incentives ,
Masks ,
Paid Leave ,
Reasonable Accommodation ,
Social Distancing ,
Vaccinations ,
Wage and Hour
Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more
3/22/2021
/ Airline Employees ,
Appeals ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State and Local Government ,
Wage and Hour
With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of...more
2/2/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Reimbursements ,
Religious Accommodation ,
Reporting Requirements ,
Secretary of HHS ,
Vaccinations ,
Workplace Safety
For retailers, the holiday season is indeed the “most wonderful time of the year.” But with additional stock and sales to handle, retailers also typically need to increase staffing and hours for employees, which can create...more