News & Analysis as of

Wage and Hour Retail Workers Over-Time

Vorys, Sater, Seymour and Pease LLP

Retail Employers Must Comply with the Los Angeles County Fair Workweek Law Starting July 1, 2025

Starting July 1, 2025, covered retail employers operating in the unincorporated areas of Los Angeles County will be required to comply with a new Fair Workweek Ordinance. The Ordinance imposes significant scheduling, notice,...more

FordHarrison

New York Employers – Key 2025 Employment Law Updates

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Employers in the Empire State face several significant changes in 2025. These legal developments impact everything from sick leave to minimum wage.  Here are the key takeaways for employers....more

Fisher Phillips

The 7 Biggest Things Retailer Employers Need to Pay Attention to During the Busy Holiday Season

Fisher Phillips on

The holiday season is a whirlwind for retailers: packed stores, long hours, and the need for extra hands to meet demand. While your focus often centers on sales and customer satisfaction, ensuring compliance with employment...more

Fisher Phillips

Massachusetts Retail Refresh: Juneteenth Premium Pay Obligations

Fisher Phillips on

This summer marks the second year with Juneteenth as a premium pay holiday for Massachusetts retailers. In 2020, as part of a COVID-19-related spending bill, the Massachusetts legislature added Juneteenth National...more

Fisher Phillips

Massachusetts Retailers: Juneteenth Premium Pay Obligations Begin This Year

Fisher Phillips on

Last summer, as part of a COVID-19-related spending bill, the Massachusetts legislature added Juneteenth Independence Day (June 19) to the list of premium pay holidays in the Commonwealth’s “Blue Laws.” Juneteenth now joins...more

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

Woods Rogers

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

Woods Rogers on

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of...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

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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

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

Lewitt Hackman on

The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Harris Beach Murtha PLLC

Massachusetts Supreme Court Rules Commission-Only Retail and Inside Salespeople are Entitled to Separate Overtime and Sunday...

In a case of first impression, the Massachusetts Supreme Judicial Court has found that, under Massachusetts law, retail and inside sales employees, paid entirely on a commission or draw basis, are entitled to separate and...more

Fisher Phillips

Big Changes Coming for Baystate Employers: Paid Family & Medical Leave And Minimum Wage Increases

Fisher Phillips on

In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more

Seyfarth Shaw LLP

Fixed Salaries, Fluctuating Hours, and Beyond: A Federal Court Addresses Common Questions About the Fluctuating Work Week Method...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the “FWW”)...more

Littler

Back to the Future: California Employment Bills Likely to Resurface in 2018

Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...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

Seyfarth Shaw LLP

2017 Labor & Employment Legislative Update: House of Origin Deadline

Seyfarth Shaw LLP on

Seyfarth Synopsis: Pay equity and Ban The Box bills lead the list of bills approved to continue their quest (moving to the other house of the California Legislature) to become California law....more

Seyfarth Shaw LLP

Holiday Blues for Massachusetts and Rhode Island Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: When Christmas and New Year’s Day fall on a Sunday, as they do this year, the holidays are legally observed on the following Monday in Massachusetts and Rhode Island. Employers in these states therefore...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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