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
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 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
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
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
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
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
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
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
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
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
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
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
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