Effective with the May 19, 2020, publication in the Federal Register, the U.S. Department of Labor’s (DOL) Wage and Hour Division revokes the arbitrary lists it created in 1961 identifying industries that may, or would not, qualify as retail or service in nature “for purposes of an exemption from overtime
Articles Discussing Workplace Issues In The Retail Industry.
This issue of our quarterly report takes a look back at the most significant class action developments of 2019. Topics include:
DOL Issues New Overtime Rule, Sets Minimum Annual Salary at $35,568
The U.S. Department of Labor has issued a new Final Rule updating the minimum salary requirements for the “white collar” overtime exemptions.
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. Our latest issue covers the following topics:
The latest issue of our quarterly report on new developments in class action litigation focuses on independent contractors and covers the following topics:
The latest issue of our quarterly report on developments in class action litigation focuses on “joint employers” and covers the following topics
The U.S. Supreme Court’s docket for its 2018-2019 Term is full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things.
The National Labor Relations Act (NLRA) does not bar class action waivers in employment arbitration agreements, the U.S. Supreme Court has ruled. Such waivers are enforceable under the Federal Arbitration Act (FAA). Read full article…
Immigration and Customs Enforcement, or ICE, is responsible for enforcement of laws related to unlawful employment of workers, and the agency’s increased enforcement activities should have retailers reviewing their plans. Read full article…
With the increased focus on workplace harassment, the time is now for employers to review their practices for preventing and addressing harassment.
Oregon has become the first U.S. state to regulate employer scheduling practices in the retail, food service, and hospitality industries. Read full article…
Curbing a litigation tactic used by class action plaintiffs, U.S. Supreme Court has ruled that such plaintiffs may not voluntarily dismiss their claims upon receiving an adverse class certification decision and subsequently invoke 28 U.S.C. § 1291, the general rule that appeals can be taken only from a final judgment, to appeal the decision as a matter of right. Read full article…
Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer.
The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA staff.
Class Action Trends Report on Defending Class Discrimination Claims
Experienced plaintiffs’ counsel have turned to class claims alleging systemic gender, race, or other forms of discrimination as a mechanism for bringing large-scale, large-dollar lawsuits against all sectors of the business community. Read more…