Seyfarth Synopsis: A new bill passed by the New York State legislature in June 2024, and signed into law by the Governor in September 2024, will mandate that retail employers install panic buttons in the workplace, establish...more
New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures. The law becomes effective...more
Seyfarth Synopsis: Are you ready for it? The record-smashing icon, Taylor Swift, may have taken her tour to Europe, but that doesn’t stop new laws from cropping up back home. The Los Angeles County Board of Supervisors passed...more
Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees....more
The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more
The Los Angeles City Council passed the Fair Work Week Ordinance (“FWWO”) that seeks to “implement enforcement measures for the new fair work week employment standards” for employees in the retail sector. Going into effect...more
Los Angeles City retail employers may soon be subject to significant new employee scheduling requirements. On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (the...more
As the California Privacy Rights Act (CPRA) replaces its predecessor, the California Consumer Privacy Act (CCPA), on January 1, 2023, retailers face a significant amount of compliance preparation—and right at peak season. The...more
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
Given that the retail workforce is 57% female, chances a retailer will have pregnant employees at any given time is high. The CDC warns women, “Physical demands at work could increase your chances of miscarriage, preterm...more
Almost two years into the pandemic, federal workplace discrimination officials issued guidance on when an individual who contracted COVID-19 might have a disability under disability law. The overall tenor of the guidance from...more
A recent decision from the Massachusetts Superior Court held that workers at a day spa were not entitled to Sunday “premium pay” under the Commonwealth’s Blue Laws. This decision departs from the Massachusetts courts’ typical...more
On September 27, 2021, California Governor Gavin Newsom signed SB 62, also known as the Garment Worker Protection Act, into law. SB 62 makes California the first state to require an hourly minimum wage for garment workers by...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Federal lawmakers agreed to a second round of stimulus legislation late last night, sending a nearly 6,000-page bill to President Trump for his expected signature. The proposal allocates $900 billion in economic relief to...more
Whether you operate an essential store, luxury brand retailer, flash or pop-up store, big-box store, supermarket, or a large retail chain, the COVID-19 pandemic and its aftereffects have forever changed how you should manage...more
Many employers with operations in California may already be familiar with Frlekin v. Apple, Inc. The heavily litigated case, first filed in 2013, involves claims that Apple retail employees are entitled to compensation for...more
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and...more
Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more
Keeping an eye on changes and trends in employment law is an excellent way for businesses to mitigate risk. Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.” This adage rings especially true...more
The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more
For decades, the problem of scheduling has plagued employers and employees alike. Employees prefer predictable and reliable schedules, while employers need flexibility. To address this tension, regulators have recently begun...more
“Fair workweek” laws are sweeping the nation, bringing new challenges for employers. Also referred to as “predictable scheduling,” “advanced scheduling,” or “secure scheduling laws,” these laws typically require larger...more
In June 2018, Philadelphia City Councilmember Helen Gym introduced legislation designed to improve predictability in scheduled shifts for employees in the retail, hospitality, and food services sector – the second largest...more
Employers currently face a patchwork of state and local “fair workweek” laws that are difficult to navigate. While federal lawmakers have recently stepped into the fray with their own proposals, seeking to establish more...more