News & Analysis as of

Department of Labor (DOL) Retailers

Segal McCambridge

Retail Worker Safety Act: New York Takes Action to Protect Employees

Segal McCambridge on

Last week, New York enacted the Retail Worker Safety Act. Now, retail employers with ten or more employees will be required to develop and implement programs to prevent workplace violence. Furthermore, it directs the...more

Davis Wright Tremaine LLP

New York Retail Employers Must Implement Workplace Violence Prevention Policies and Annual Training Starting in March 2025

Retail employers in New York state will be required to issue workplace violence prevention policies and conduct annual workplace violence prevention training beginning March 3, 2025, under the New York Retail Safety Act...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

Clark Hill PLC on

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Clark Hill PLC

The Learned Concierge - February 2024, Vol. 5

Clark Hill PLC on

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment - Final Rule: Employee or Independent Contractor Classification Under the Fair Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Issues PUMP Act Compliance Guidance for Restaurant and Retail Employers

Implementation of the requirements for compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has presented unique challenges to employers in the retail and restaurant industries due to...more

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

Clark Hill PLC on

The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

McDermott Will & Emery

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Jackson Lewis P.C.

What Retailers Can Take Away From Labor Department Opinion Letter on FMLA Leave and Holidays

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Retail Industry: Mental Health, Other Benefits Trends

Jackson Lewis P.C. on

High-stress, demanding retail positions where constant customer demands are front and center can leave employees feeling overwhelmed and burnt out, resulting in lower productivity and higher turnover for employers....more

Jackson Lewis P.C.

Retailers Must Ensure Compliance With Federal, State Child Labor Regulations

Jackson Lewis P.C. on

The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and...more

Jackson Lewis P.C.

At-Home COVID-19 Testing Options and Alternatives

Jackson Lewis P.C. on

In fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred: 1.Every U.S. household has access to free at-home COVID-19 tests. As of...more

Jackson Lewis P.C.

OSHA Publishes New National Emphasis Program Targeting COVID-19 Enforcement

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has published a new National Emphasis Program (NEP) focusing on SARS-CoV-2 (COVID-19). The NEP is effective immediately and will remain in effect until March 12, 2022,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

Stradling Yocca Carlson & Rauth

Should You Consider Clear Masks & Other Accommodations for the Hard of Hearing?

Should You Consider Clear Masks and Other Accommodations for the Hard of Hearing? At the end of January Nike agreed to a settlement requiring its California workers to be provided with clear masks.  The settlement was reached...more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

Littler on

On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Cozen O'Connor

Employment Law Now IV-79- The U.S. DOL's Proposed New Independent Contractor Rule

Cozen O'Connor on

Just weeks before the Presidential election, the United States Department of Labor has issued a proposed new rule to define "independent contractors" for purposes of federal law. In today's new episode, Mike Schmidt is joined...more

Robins Kaplan LLP

Financial Daily Dose 9.23.2020 | Top Story: Fed Chair Calls for More Covid-Related Stimulus From Congress

Robins Kaplan LLP on

The latest from Fed Chair Powell and Treasury Secretary Mnuchin’s first of several days on the Hill, including their take that the economy is improving but that continued fiscal support—from the Fed and from Congress—was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more

Fox Rothschild LLP

USDOL Revises FLSA Section 7(i) Retail Commission Exemption: Long Overdue And Very Welcome!

Fox Rothschild LLP on

I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more

Fisher Phillips

What Retailers Need To Know About Labor Department’s Interpretation Of The Fluctuating Workweek: Regular Rate Principles Prevail

Fisher Phillips on

The U.S. Department of Labor’s final regulations addressing the FLSA’s fluctuating workweek (FWW) method reminded us that (1) legal principles control and (2) illustrative examples merely demonstrate application. The agency...more

Snell & Wilmer

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Snell & Wilmer on

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more

Orrick - Employment Law and Litigation

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more

Sherman & Howard L.L.C.

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Employment Viewpoints

DOL Withdraws FLSA Inside Sales Exemption Lists

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more

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