Search form

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…

©2017 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. For more information, visit www.jacksonlewis.com.

See AllRelated Articles You May Like

February 15, 2019

Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor

February 15, 2019

The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014... Read More

February 14, 2019

Top Five Labor Law Developments for January 2019

February 14, 2019

The National Labor Relations Board (NLRB) reinstated its pre-2014 standard for determining whether an individual is an independent contractor or an employee. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019). The NLRB determined that the employer’s shuttle van drivers were not employees, but independent contractors. Thus, they... Read More

February 11, 2019

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

February 11, 2019

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring... Read More