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Retail Industry Workplace Law Update – Summer 2018

  • June 25, 2018

Supreme Court Approves Use of Class Action Waivers in Employment Arbitration Agreements

The National Labor Relations Act (NLRA) does not bar class action waivers in employment arbitration agreements, the U.S. Supreme Court has ruled. Such waivers are enforceable under the Federal Arbitration Act (FAA).  Read full article…

Class Action Trends Report

The latest issue of our quarterly report on new developments in class action litigation covers the following topics:

  • Computer-age class action traps
  • #MeToo: A viral movement, a wave of claims
  • American with Disabilities Act (ADA) applies in cyberspace, too
  • Online job assessments can be an ADA minefield
  • Use of biometric data prompts class litigation

Read full Report…

South Carolina Enacts Pregnancy Accommodation Requirements for Employers

The South Carolina Pregnancy Accommodations Act requires employers, including retailers, with at least 15 employees to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or other related medical conditions (including lactation). In addition, the Act imposes notice requirements on covered employers effective September 14, 2018, for existing and new employees. Read full article…

‘ABC Test’ to Determine Whether Employee or Independent Contractor, California Supreme Court Holds

The California Supreme Court has broadened the definition of “employee” in the state’s Industrial Work Commission wage orders when undertaking the employee-versus-independent contractor analysis. It ruled that the appropriate analysis for determining whether an employer-employee relationship exists is the “ABC Test,” which requires an employer to prove the individual provides a service that is not part of the employer’s usual business, among other things. Read full article…

Common Family and Medical Leave Act Mistakes

One mistake retailers and other employers make when it comes to administering Family and Medical Leave Act (FMLA) leave is not communicating with the employee who is on leave. Our “What Am I Doing Wrong??” series identifies the common FMLA mistakes and how to avoid them. Read full article…

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