News & Analysis as of

Retail Workers Wage and Hour Retailers

Seyfarth Shaw LLP

Fair Work Week Ordinance: Cruel Summer For LA County Employers

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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

Jackson Lewis P.C.

Retail and the Holiday Season: Top Four Areas of Employment Focus

Jackson Lewis P.C. on

Retail workers are often the unsung heroes of the holiday shopping season. Stores are open longer and have bigger crowds, and customers are tenser than usual. To navigate the holiday season smoothly, retail employers should...more

Fisher Phillips

Massachusetts Retailers: Juneteenth Premium Pay Obligations Begin This Year

Fisher Phillips on

Last summer, as part of a COVID-19-related spending bill, the Massachusetts legislature added Juneteenth Independence Day (June 19) to the list of premium pay holidays in the Commonwealth’s “Blue Laws.” Juneteenth now joins...more

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

West Hollywood Includes Drug and Other Retail Workers in New Hero Pay Ordinance

On March 15, 2021, the City Council of West Hollywood added new categories of workers to its existing hero pay mandate of $5.00 per hour worked for large-chain grocery store employees. The new ordinance goes into effect on...more

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

Pomona, California Enacts COVID-19 ‘Hero Pay’ Ordinance for Front-Line Retail Employees

On March 1, 2021, the City Council of Pomona, California, passed an ordinance that establishes premium pay for retail food workers during the COVID-19 pandemic. Pomona is an incorporated city located in Los Angeles County and...more

Epstein Becker & Green

Ninth Circuit Concludes That Apple Retail Employees Are Entitled to Summary Judgment on Exit Search Claim

Epstein Becker & Green on

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

Woods Rogers

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

Woods Rogers on

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

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

Fisher Phillips

Big Changes Coming for Baystate Employers: Paid Family & Medical Leave And Minimum Wage Increases

Fisher Phillips on

In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more

Fisher Phillips

Local Ordinances Not Sold On Gig Workers In Retail

Fisher Phillips on

Is there nowhere that the gig economy can’t go? As gig workers expand into increasingly unlikely industries—including restaurants, hospitality, beauty, healthcare, and even science—it comes as no surprise that retail wants in...more

BCLP

Pier 1 Settles Class Action Over Call-In Shifts for $3.5 Million

BCLP on

Pier 1 Import has agreed to pay $3.5 million to settle a class action lawsuit brought on behalf of about 9,300 retail store associates in California. The lawsuit alleged the company owed workers pay for when they are...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir....more

Littler

Who Could Have Predicted? Fair Scheduling Requirements Pose Compliance Challenges for Retail, Restaurant, and Other Employers

Littler on

After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were...more

Seyfarth Shaw LLP

Holiday Blues for Massachusetts and Rhode Island Employers

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Seyfarth Synopsis: When Christmas and New Year’s Day fall on a Sunday, as they do this year, the holidays are legally observed on the following Monday in Massachusetts and Rhode Island. Employers in these states therefore...more

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

Attorneys General From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers

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

Seyfarth Shaw LLP

How Retailers Can Navigate the New White-Collar Overtime Rules: Turning Legal Change Into Business Opportunity

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The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace—and especially the retail workplace—as much as any legal development in the past decade. ...more

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

San Francisco Board of Supervisors Approves “Retail Workers’ Bill of Rights”

On November 25, 2014, the City and County of San Francisco’s Board of Supervisors unanimously approved (with one member absent) two ordinances that will affect “Formula Retail Establishments” and that proponents refer to as...more

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