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
The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more
12/5/2019
/ Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Opt-In ,
Personal Jurisdiction ,
Restaurant Industry ,
Unpaid Overtime ,
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 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
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
The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this...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