On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections:
•Overview of the Minimum...more
Effective April 1, 2024, a new California law will require employers in the state’s fast casual restaurant industry to pay covered non-exempt employees a minimum wage of $20 an hour. This article summarizes the steps...more
On March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610, which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, event centers, theme parks, museums, and certain other...more
The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must...more
The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity...more
11/8/2023
/ Compensation & Benefits ,
Contractors ,
Employment Contract ,
Franchises ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Retailers ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more
11/1/2023
/ Attorney-Client Privilege ,
C-Suite Executives ,
Confidential Information ,
Disclosure Requirements ,
Documentation ,
Employees ,
Investigations ,
Legal Advice ,
Professional Misconduct ,
Reporting Requirements ,
Retailers ,
Shareholders
On September 28, 2023 , Governor Newsom signed Assembly Bill (AB) 1228, completing the agreement reached between business and labor in early September regarding the FAST Recovery Act.
On September 11, 2023, the coalition...more
Warehouse, processing, and distribution facilities serve a crucial role in many retailers’ supply chains (especially those relying primarily on e-commerce), as such facilities provide space for inventory storage and assist...more
On September 11, 2023, the coalition of California businesses announced its agreement with labor unions to withdraw their referendum challenging Assembly Bill (AB) 257, which created the FAST Recovery Act, from next year’s...more
The appeal of artificial intelligence (AI) is more real than ever as we see an explosion of interest in using AI technology to make everyday life — and work — easier. Many retailers, for example, are considering AI to...more
On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill.
While appropriations bills such as AB 102 are generally not...more
The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that...more
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC...more
As restaurants emerge from the COVID-19 pandemic, employers in the industry continue to face new challenges with organizing activity on the rise and new generations leading the charge....more
The Year Ahead in Caffeinated Organizing-
With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023....more
4/4/2023
/ Day-Rate Pay ,
Distributors ,
Employment Discrimination ,
Fair Workweek ,
Federal Arbitration Act ,
Heat Exposure ,
NLRB ,
OSHA ,
Over-Time ,
Pay Transparency ,
Retail Workers Bill of Rights ,
Retailers ,
SCOTUS ,
Severance Agreements ,
Temporary Employees ,
Warehouses ,
WARN Act ,
Work Schedules
The warehousing and distribution industry has one of the highest overall union membership rates in the United States. Now, employers in the industry are also navigating high turnover rates and mass labor shortages as they...more
The City of Los Angeles’s Retail Fair Workweek Ordinance, which takes effect April 1, 2023, is not the only local ordinance in the Golden State that affects how retailers and other employers handle scheduling....more
On January 24, 2023, the California Secretary of State completed its verification process and qualified a referendum challenging Assembly Bill (AB) 257, also known as the FAST Recovery Act for the November 2024 ballot. In the...more
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private...more
While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary...more
While the Secretary of State continued to count signatures to determine if a potential referendum on the FAST Recovery Act (the Act) will make it on the ballot, a lawsuit was filed by a coalition of California small business...more
Changing Retail Staffing Models – Unforeseen Risks in a New Economy-
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when...more
10/6/2022
/ Arbitration ,
Automation Systems ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employment Discrimination ,
Exempt-Employees ,
Gender Dysphoria ,
Hairstyle Discrimination ,
Labor Shortage ,
Managers ,
NLRB ,
Recruitment Incentives ,
Retail Market ,
Retailers ,
Warehouses
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the...more
9/13/2022
/ Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Job Duties ,
Labor Shortage ,
Managers ,
Minimum Salary ,
NLRB ,
Retailers ,
Union Organizers ,
Unions
On Labor Day, Governor Newsom signed Assembly Bill (AB) 257, known as the FAST Recovery Act. The Act establishes a Fast Food Council comprising fast food employees, worker advocates, franchisors, franchisees, and government...more
More than 43 million Americans quit their jobs in 2021, according to The Washington Post. This mass exodus has put a particular strain on operators of warehouses, distribution centers, and 3PL providers who have been forced...more