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Retail Employer Workplace News - Winter 2017

By Mark S. Askanas
  • January 4, 2017

Class Action Trends Report on Defending Class Discrimination Claims

Experienced plaintiffs’ counsel have turned to class claims alleging systemic gender, race, or other forms of discrimination as a mechanism for bringing large-scale, large-dollar lawsuits against all sectors of the business community. Read more…

Labor Board Decides Employees Unlawfully Disciplined for In-Store Protest

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations Board has determined. The Board called the protest a “relatively small, brief, peaceful and confined work stoppage” that did not lose the protection of the National Labor Relations Act under its 10-factor test. Read more…

Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting

The U.S. Court of Appeals for the Fifth Circuit has denied, 9-6, a retailer’s request for a rehearing of the decision of a three-judge panel of the Court upholding the National Labor Relations Board’s decision that the retailer must bargain with a unit limited to employees in its cosmetic and fragrance department. Read more…

Philadelphia to Restrict Wage History in Hiring Decisions

A new Philadelphia ordinance restricting the use of wage history in hiring decisions has passed the City Council. The ordinance will prohibit employers from inquiring about and considering prospective employees’ wage histories, subject to limited exceptions. Read more…

New York City Council Seeks Major Workplace Reforms for Fast Food, Retail Workers

The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. Read more…

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