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Hiring & Firing › Employer Liability Issues › Retailers

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Troutman Pepper Locke

Colorado AG Sues PetSmart Over TRAP Contracts

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Colorado Attorney General (AG) Phil Weiser has sued PetSmart LLC, alleging that its use of Training Repayment Agreement Provisions (TRAPs) violates state consumer protection and labor laws. The lawsuit reflects a broader...more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Fisher Phillips

The 7 Biggest Things Retailer Employers Need to Pay Attention to During the Busy Holiday Season

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The holiday season is a whirlwind for retailers: packed stores, long hours, and the need for extra hands to meet demand. While your focus often centers on sales and customer satisfaction, ensuring compliance with employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Preventing Missteps in Hiring and Managing Seasonal Workers

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Hiring seasonal workers can raise some important legal questions over how to properly handle overtime pay, work schedules, employee training, and other matters. These concerns particularly affect businesses in the hospitality...more

Fisher Phillips

6 Questions Retailers Should Ask Before Hiring Minors to Address the Labor Shortage

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Some companies are well known for providing teenagers their first jobs and providing a learning foundation on what it takes to be successful in the workplace. But many retailers have long held policies against employing...more

Jackson Lewis P.C.

2,000 COVID-19-Related Employment Lawsuits Filed In The U.S.: An Analysis Of The Data And Trends

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On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

BCLP

The ABCs of AB-5: How California’s New Employee Classification Law May Impact Retailers

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Following passage and signature into law of California Assembly Bill 5 (“AB-5”), retailers should be aware of how the new law affects whether they can classify workers as independent contractors. AB-5 codifies a decision...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2018

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NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more

Benesch

Red Sky in Morning, Shippers Take Warning: California’s Dignity in the Driver’s Seat Bill

Benesch on

What’s Happening?: Potential Joint Liability for Drayage Carrier Customers - California retailers and shippers beware. In another move by California lawmakers to deter companies from classifying truck drivers as...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part Two)

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In our last issue, we looked at some ideas about how to investigate, catch, and terminate employees who are stealing from your company. In this conclusion, we’ll talk about some ways to avoid—or at least reduce the...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

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Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Fisher Phillips

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

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There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

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Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

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In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Mintz - Employment Viewpoints

The Bubbler: Holiday Edition

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As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

Ogletree, Deakins, Nash, Smoak & Stewart,... on

It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of...more

Fisher Phillips

Make Sure You’re On Target When Using Direct Threat Defense

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An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace...more

Fisher Phillips

Thinking Of Shifting Your Retail Business Model? Consider This Your WARN-ing

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Though the internet has been in our lives for decades and online retailers are hardly a new concept, many brick-and-mortar retailers continue to evaluate the risks and benefits of moving away from the shop on the corner and...more

Fisher Phillips

The I-9: How Much Trouble Can One Piece Of Paper Cause?

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No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

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November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

Perkins Coie

Seattle’s New Secure Scheduling Ordinance

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The Seattle City Council unanimously passed the Secure Scheduling Ordinance (Ordinance) on September 19, 2016. The Ordinance imposes new requirements on certain employers in the retail and food services industries for their...more

Littler

Seattle City Council Approves Secure Scheduling Ordinance

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As widely anticipated, on September 19, 2016, the Seattle City Council passed the Secure Scheduling Ordinance (SSO), CB 118765, by a unanimous vote. The SSO mandates that large retail and food service employers provide two...more

Parker Poe Adams & Bernstein LLP

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

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Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Proskauer - California Employment Law

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

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Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

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