In a February 3, 2021 decision, the US Court of Appeals for the Seventh Circuit determined that the Uniformed Services Employment and Reemployment Rights Act of 1994 may require employers to provide employees with short-term paid military leave. Specifically, if an employer provides short-term paid leave for other comparable purposes such as sick time, jury duty, or bereavement, then the employer may need to do the same for military leave.
Continue Reading Seventh Circuit Ruling Means Retailers May Need to Provide Paid Leave Under USERRA

Environmental, social and corporate governance – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.
Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?

During his 2020 campaign, now President Biden promised to raise the federal minimum wage to $15 an hour, something progressives have long been proposing.  The Democratic-held House of Representatives introduced and passed the Raise the Wage Act in 2019, but the bill never reached a vote in the then-GOP controlled Senate.
Continue Reading Proposed Federal Minimum Wage Raise and its Effect on Retailers

For over 30 years, most district courts throughout the country have used a two-step conditional certification process to govern certification of collective actions under the Fair Labor Standards Act.  But in a recent and game-changing opinion, the Fifth Circuit rejected that two-step process and laid out a stricter framework for FLSA collective actions.
Continue Reading Fifth Circuit Rejects Two-Step FLSA Certification Process

On October 15, 2020, the United States District Court for the Southern District of Texas granted conditional certification to a class of assistant managers in 550 wireless retail stores across the country. In Martinez v. Mobilelink, assistant store managers in the wireless retailers’ stores alleged that they were regularly required to work unpaid overtime. The employees sought to certify a class consisting of all current and former AMs employed by Mobilelink from March 2017 through the present.
Continue Reading Wireless Retailer Faces Conditionally Certified Nationwide Class of Workers with Overtime Claims Despite Official Company Policy Against Off-The-Clock Work

On September 10, 2020, the United States District Court for the District of Massachusetts issued a Memorandum and Order granting summary judgment in favor of a franchisor in response to claims by a purported class of franchisees that they were not truly independent contractors, but employees of the franchisor.
Continue Reading Massachusetts District Court Rejects Employee Classification for Franchisees

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, collectively referred to as the Families First Coronavirus Response Act.
Continue Reading Federal Court Strikes Down Portions of Department of Labor’s Final Rule on COVID-19 Leave, Expands Coverage