Archives: Retail

Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries

Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and when their employers can schedule them for work. Those restrictions take effect on November 26th, which will be here … Continue Reading

New Seattle Ordinance Restricts Scheduling Practices

By Julie Kwun on September 27, 2016 Posted in Restaurants, Retail, Wage and Hour

Many of us are familiar with the lyrics of Dolly Parton: “Workin’ 9 to 5, what a way to make a livin’…” A predictable work schedule, however, is not so universal in the retail and food services businesses. For many employers in these industries, work schedules are often issued on short notice as a result … Continue Reading

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

By Amy J. Traub and Adam Seldon on July 1, 2015 Posted in Department of Labor, FLSA, Retail

Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor Standards Act (“FLSA”) regulations that define exempt executive, administrative, and professional employees (“exempt white collar employees”). The current salary … Continue Reading

EEOC v. Abercrombie & Fitch: When Religion and Fashion Collide

By Gregory Schmitz on June 8, 2015 Posted in EEOC, Retail

On June 1, 2015, the U.S. Supreme Court, in an 8-1 decision, ruled in favor of a 17-year-old practicing Muslim, Samantha Elauf, who applied for a job at retailer Abercrombie & Fitch, but was denied employment because the black headscarf she wore in connection with her religion (known as a “hijab”) did not conform to … Continue Reading

Latest Scoop From New Jersey on Independent Contractor Misclassification May Cause Employers Brain Freeze

By Todd Lebowitz on January 20, 2015 Posted in Independent Contractor, Retail, Wage and Hour

An ice cream parlor in Dania Beach, Florida, features The Original Kitchen Sink Sundae, which contains up to 30 scoops, plus chocolate syrup, marshmallows, nuts, whipped cream, and a variety of berries. Customers can choose from any of the 38 flavors offered, and this menu item has earned Jaxson’s Ice Cream Parlor plenty of positive … Continue Reading

Court Dismisses EEOC’s Attack on Severance Agreements, But Not on the Merits

By Todd Lebowitz on October 13, 2014 Posted in EEOC, Retail

The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No. 1:14-cv-863 (N.D. Ill. Oct. 7, 2014). On October 7, 2014, Judge Darrah released the Court’s written opinion granting summary judgment to CVS, … Continue Reading

NLRB to McDonald’s: Not Lovin’ It

By Ellen Shadur Gross on July 31, 2014 Posted in Hospitality Industry, NLRB, Restaurants, Retail

In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the issuance of complaints against McDonald’s USC, LLC in at least 43 unfair labor practice charge proceedings where the legal employer is not McDonald’s but a McDonald’s franchisee. The pending unfair labor … Continue Reading

Background Check Lawsuits: If It’s Not One Thing, It’s Another

By Pat Muldowney on July 15, 2014 Posted in Background Checks, Retail

As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject of challenge on the grounds that such checks tend to discriminate against African-American, Hispanic, and male applicants. Indeed, on July 1, a federal court in New York certified a class of unsuccessful … Continue Reading

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

By Virginia Medina on July 10, 2014 Posted in Retail, Supreme Court

The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive coverage for employees. The exemption is only available if the mandate imposes a substantial burden on the corporation’s ability to “conduct … Continue Reading

Restoring Overtime Pay for Working Americans Act: Senate Democrats Join President Obama’s War On FLSA Exemptions

By Joel Griswold on June 19, 2014 Posted in FLSA, Retail

Yesterday, Senate Democrats introduced a bill cited as the “Restoring Overtime Pay for Working Americans Act” (“the Act”), which would amend the Fair Labor Standards Act (“FLSA”) to make it more difficult for employers to classify employees as exempt and impose penalties on employers for failing to comply with the FLSA’s record-keeping provisions. This action by … Continue Reading

EEOC’s Battle Against Employee Releases Heats Up

By Dennis Duffy and Melissa Siebert on May 19, 2014 Posted in EEOC, Retail

In February, we commented on the EEOC v. CVS Pharmacy, Inc. case, where the EEOC filed a “pattern or practice” lawsuit against CVS in Illinois federal court, claiming that CVS’ employee releases discourage the filing of EEOC charges and cooperation with the EEOC in investigations. As we previously noted, the EEOC is challenging several release … Continue Reading

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

By Pat Muldowney on January 28, 2014 Posted in Arbitration, NLRB, Retail

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a class/collective action waiver violated the National Labor Relations Act (the “Act”) because the class action waiver inhibited employees from engaging in … Continue Reading

OSHA Proposes Changes to its Recordkeeping Rules that Would Make Injury and Illness Data Available to the Public

By David Grant and Patricia Poole on January 8, 2014 Posted in OSHA, Retail

The Occupational Safety and Health Administration (OSHA) issued proposed rules that would require certain employers to electronically submit injury and illness information to OSHA on a periodic basis. Encouraged by President Obama’s Open Government Initiative, OSHA proposes to make this information available to the public via online postings. The Current Rules Under the current standard, … Continue Reading

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

By Todd Lebowitz on October 31, 2013 Posted in Arbitration, Retail

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the employer’s mandatory arbitration program. Cecilia Tillman v. Macy’s, Inc. is the latest in a line of cases analyzing the enforceability of mandatory arbitration clauses … Continue Reading

Failure to Reimburse California Employees for Business Expenses, Including Mileage, Resulting in Class-Action Litigation

By Nancy Inesta on August 29, 2013 Posted in California, FLSA, Retail, Wage and Hour

In California, there has been an increase in class action litigation against employers for the alleged failure to reimburse employees for business expenses, particularly mileage reimbursement. By way of example, in recent actions filed against prominent retailers, employees allege that they were not reimbursed for mileage and other travel expenses caused by: daily bank deposits, … Continue Reading

Court Slams EEOC on Background Check Lawsuit

By Pat Muldowney on August 18, 2013 Posted in Background Checks, Discrimination, EEOC, Retail

Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”). EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 9, 2013). In its lawsuit, the EEOC … Continue Reading

EEOC Files Two Race-Based Class Action Lawsuits on Criminal Background Checks

By Melissa Siebert on July 15, 2013 Posted in Background Checks, Discrimination, EEOC, Retail

On June 11, 2013, the Equal Employment Opportunity Commission (EEOC) filed separate class action lawsuits against two employers – Dollar General Stores and BMW – alleging that these employers engaged in racial discrimination by using criminal background checks to disqualify applicants from employment. The BMW case filed in South Carolina has a 69-person class, and is location specific. … Continue Reading