News & Analysis as of

Wage and Hour Retail Market

Perkins Coie

Are We All “Manual Workers” Under New York Law?

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In the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. They do it all...more

CDF Labor Law LLP

Large Retail Employers With Los Angeles Workforce May Soon Face Additional Restrictions And Expenses

CDF Labor Law LLP on

​​​​​​​On September 13, 2022, the Fair Work Week Ordinance advanced out of committee and will move forward toward likely City Council approval. If it passes, any retail business with over 300 employees, globally, will face...more

Weintraub Tobin

New California Laws Affecting Real Estate in 2022

Weintraub Tobin on

To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws....more

Sheppard Mullin Richter & Hampton LLP

California Passes Law Establishing New Wage and Hour Requirements for Employers in the Garment Industry

On September 27, 2021, California Governor Gavin Newsom signed SB 62, also known as the Garment Worker Protection Act, into law. SB 62 makes California the first state to require an hourly minimum wage for garment workers by...more

Fox Rothschild LLP

USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists

Fox Rothschild LLP on

There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of the basic requirements for an employer trying to claim...more

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

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A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more

Robins Kaplan LLP

Financial Daily Dose 9.30.2020 | Top Story: JPMorgan Reaches $920M Settlement with Feds Over Spoofing Allegations

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Under the terms of a deal with the DOJ announced this week, JPMorgan will pay $920 million and sign on to a deferred prosecution agreement “to resolve charges that it had manipulated markets for U.S. government bonds and...more

Littler

New DOL Guidance Expands Eligibility for the Commissioned Employee Overtime Exemption

Littler on

Under the Fair Labor Standards Act, retail or service establishment employees can be exempt from overtime pay requirements if they are paid more than one and a half times the minimum wage and more than half of their...more

Morgan Lewis

Top Questions for Retailers in China Amid COVID-19

Morgan Lewis on

While retailers in China have been permitted to reopen, required steps to do so include health and sanitation measures. Some local governments are also considering extending the weekend in order to stimulate consumption and...more

Littler

Massachusetts Designates Juneteenth as a State Holiday, Creating a New Obligation for Many Retail Employers

Littler on

On Friday, July 24, 2020, Governor Baker signed a bill designating Juneteenth (June 19th) as an annual state holiday in Massachusetts.  In doing so, Governor Baker stated that this designation would help “recognize the...more

Epstein Becker & Green

U.S. Department of Labor Issues Opinion Letters on the Outside Sales, Administrative, and 7(i) Exemptions, as Well as the Status...

Epstein Becker & Green on

While the COVID-19 pandemic remains a challenge to employers nationwide, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to field non-COVID-related wage and hour questions.  ...more

Robins Kaplan LLP

Financial Daily Dose 7.15.2020 | Top Story: America’s Biggest Banks Setting Aside Tens of Billions for Anticipated Loan Losses

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The latest quarterly reporting shows that America’s biggest banks—among them, JPMorgan, Citigroup, and Wells Fargo—are taking self-imposed hits now in anticipation of a “wave of loan losses” later. Those three are...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – July 2020 #9

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In Washington: Senate Majority Leader Mitch McConnell (R-KY) on Monday told reporters that when the Senate returns next week Republicans will start discussions on the next coronavirus stimulus package with their Democratic...more

Akerman LLP - HR Defense

DOL Changes Rules for Fluctuating Workweek and Retail Establishments

Employers who use the fluctuating workweek method of compensating employees and those who rely on the retail establishment exemption from overtime are both in for some changes. Recently the Department of Labor (DOL) passed...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

Littler

Pennsylvania and Philadelphia Non-Essential Business Closures Due to COVID-19

Littler on

In an afternoon press conference on March 16, 2020, Pennsylvania Governor Tom Wolf declared that certain non-essential businesses across Pennsylvania “are to close” for at least 14 days to mitigate the spread of COVID-19. ...more

Franczek P.C.

Walmart Takes Lead in Providing Paid Sick Leave in the Face of COVID-19

Franczek P.C. on

For regular readers of this blog, you know that my colleague, Tracey Truesdale, gave you some tips for properly paying employees in the event of a pandemic. That was on February 26, 2020. Since then, we’ve heard of employers...more

Robins Kaplan LLP

Financial Daily Dose 10.18.2019 | Top Story: Unpacking the UK/EU Brexit Deal and Its Rocky Road Ahead in Parliament

Robins Kaplan LLP on

Details are trickling in on the tentative Brexit agreement reached between UK and EU negotiators this week, just 14 days ahead of the Halloween departure deadline.  A massive sticking point here remains the British...more

Akerman LLP - HR Defense

Don’t Sell Your Company Short: Properly Classify Sales Employees

While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers are well advised to ensure their...more

Littler

Philadelphia’s “Fair Workweek” Ordinance Will Impose Scheduling and Hiring Restrictions on Large Retail, Hospitality and Food...

Littler on

On December 6, 2018, the Philadelphia City Council passed the Fair Workweek Employment Standards Ordinance, to become effective on January 1, 2020....more

Troutman Pepper

Philadelphia Enacts Fair Workweek Ordinance

Troutman Pepper on

Q. Can you explain to me Philadelphia’s new Fair Workweek Ordinance? A. In late December 2018, Philadelphia Mayor Jim Kenney signed an Ordinance that will require large fast-food chains, retailers, and hotels to provide...more

Cozen O'Connor

Philadelphia’s Fair Workweek Employment Standards Ordinance Targets Hospitality, Retail and Food Services Employers

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In December 2018, Philadelphia enacted The Fair Workweek Employment Standards Ordinance, which has widespread ramifications for non-exempt workers in the retail, hospitality and food services industries....more

Perkins Coie

Pop-Up for the Holidays

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With the holidays just around the corner, many retailers are focused on how to best engage shoppers. Pop-ups are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low....more

Littler

Littler Global Guide - Sweden - Q2 2018

Littler on

Inadequate Accessibility Exemption Withdrawn New Legislation Enacted - On May 1, 2018, exemption for retail and service businesses under the 2015 Swedish Discrimination Act was withdrawn. ...more

Seyfarth Shaw LLP

Don’t Judge A Conditional Certification Motion By Its Cover

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A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more

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