Articles Discussing Workplace Issues In The Retail Industry.

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…

Despite a lawsuit to block the regulations, retailer employers must prepare for the Department of Labor’s updated regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or “EAP exemptions.” The new regulations will go into effect on December 1, 2016.

Retailer employers must prepare for the dramatic changes imposed by the Department of Labor’s updated regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or “EAP exemptions.” The changes include raising the salary level from $23,660 ($455 per week) to $47,476 ($913 per week) beginning December 1, 2016.

Retailers face a possible increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining whether a whistleblower statute has been violated. OSHA provides whistleblower protection under 22 federal statutes. Read more…

Retailers should stay tuned in the year ahead to the busy agenda of the Occupational Safety and Health Administration (OSHA) as it attempts to finalize significant rulemakings and guidance documents. OSHA initiatives on electronic injury and illness recordkeeping, employer safety incentive programs, and employer safety and health programs could affect retailers.

A bill in the U.S. Senate would require employers to consider their employees’ requests for changes to their work schedules and to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices.