News & Analysis as of

Fair Labor Standards Act (FLSA) Retail Workers

Bradley Arant Boult Cummings LLP

Window Washers and Telegraph Operators Beware: DOL Eliminates Specific Retail and Non-Retail Examples Under Overtime Exemption...

For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

FOCUS ON WAGE & HOUR - DOL Updates Overtime Exemption for Commissioned Retail Workers - The U.S. Department of Labor (DOL) has revised its regulations to simplify the statutory scheme governing whether employees who...more

Seyfarth Shaw LLP

What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

Seyfarth Shaw LLP on

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

ArentFox Schiff

DOL Issues New Rule Clarifying Overtime Exemption for Retail and Service Employees

ArentFox Schiff on

On May 18, the US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for...more

Jackson Lewis P.C.

DOL Withdraws ‘Retail Or Service Establishment’ Lists For Commissioned Employee Exemption Analysis

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) withdrew its interpretative rules setting forth the types of businesses either not qualifying, or only possibly qualifying, as “retail or service establishments” when determining whether a...more

Epstein Becker & Green

U.S. Department of Labor Withdraws the “Retail” and “Not Retail” Lists That Have Long Complicated the FLSA Section 7(i) Exemption

Epstein Becker & Green on

From the time of its original enactment in 1938, the Fair Labor Standards Act has contained an exemption for certain employees of a “retail or service establishment.” ...more

Constangy, Brooks, Smith & Prophete, LLP

New Regulations Expected To Expand Applicability Of OT Exemption For Commissioned Retail Sales Workers

The U.S. Department of Labor issued final regulations today that are expected to expand the number of workers who are exempt from overtime requirements because (among other things) they work for a retail or service...more

Conn Kavanaugh

Changes in Employment Laws in Massachusetts

Conn Kavanaugh on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...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

Pullman & Comley - Labor, Employment and...

Connecticut Supreme Court Rules Against Use of Fluctuating Workweek Method in Calculating Overtime Pay for Retail Employees

On August 17, 2017, in Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court invalidated the fluctuating workweek method of calculating overtime pay for retail employees who are paid in whole or in part...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

Fenwick & West LLP

Bag Checks for Apple Employees Not Compensable Time

Fenwick & West LLP on

Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for time spent on bag checks at the end of shifts....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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