As reported on the Hunton Employment & Labor Perspectives Blog last week, although the World Health Organization (“WHO”) has declared the coronavirus outbreak a “public health emergency of international concern,” WHO has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review

As reported on December 30, 2019 on the Hunton Employment & Labor Perspectives blog, Judge Kimberly J. Mueller of the United States District Court for the Eastern District of California granted a temporary restraining order that temporarily prohibits the state of California from enforcing AB 51, a law that would prohibit companies in California from requiring arbitration agreements as a condition of employment.
Continue Reading California Court Temporarily Enjoins Enforcement Of Law Prohibiting Arbitration Agreements As A Condition of Employment

On Friday, December 6, 2019, a business coalition led by the US Chamber of Commerce filed suit challenging a new California law that forbids employers from offering and entering into certain arbitration agreements with their workers. Signed into law by California Governor Gavin Newsom on October 10, 2019, Assembly Bill 51 (AB 51) will impose criminal liability on employers who require applicants or employees, “as a condition of reemployment, continued employment, or the receipt of any employment-related benefit,” to “waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act” and other related employment statutes.
Continue Reading US Chamber of Commerce Leads the Charge Against California Arbitration Ban That Would Impose Criminal Liability on Employers for Violations

Imagine a future in which Artificial Intelligence (AI) does the recruiting and hiring at US companies. Every new hire will be the uniquely perfect candidate whose skills, personality, presence, temperament and work habits are a flawless match for the job. Performance management and poor performance become extinct, relics from an age in which humans brought primitive instincts, biases and flawed intuition to hiring and employment decisions. While there are risks and challenges to employers in introducing this technology, manufacturers of AI software say that some version of that future may not be too far off.
Continue Reading Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

On October 28, 2019, the US Chamber of Commerce, along with two other business-oriented groups—the National Retail Federation and the Retail Litigation Center, Inc.—filed an amicus brief urging the Ninth Circuit to overrule a $102 million judgment against Wal-Mart.
Continue Reading The US Chamber of Commerce Slams Controversial Hundred Million Dollar Award Against Wal-Mart in Wage Statement Dispute

On July 1, 2019, the Department of Labor (“DOL”) issued an opinion letter regarding permissible rounding practices under the Service Contract Act (“SCA”). While the SCA governs government contractors, the DOL’s guidance is nevertheless helpful to retailers because the SCA incorporates Fair Labor Standards Act (“FLSA”) rounding principles, which are applicable to them.
Continue Reading Latest DOL Guidance Sanctions Rounding Practices

Many retailers use bonus programs to incentivize employee performance. With respect to bonuses paid to non-exempt employees (i.e., those employees who are entitled to overtime under the Fair Labor Standards Act), the retailer must then determine whether it owes additional overtime on the incentive bonus.
Continue Reading Must a Retailer Pay Additional Overtime on Incentive Bonuses Paid to Non-exempt Employees? DOL Opinion Letter Says, “It Depends”

As many readers of this blog are aware, a nationwide trend of localities requiring paid family leave has emerged over the last few years. While there has been little development on the federal front, this appears to be changing. On May 22, 2019, members of the U.S. Senate Finance Committee, which has jurisdiction over federal tax policy and significant health care policy, announced a bipartisan working committee of Finance Committee Senators to consider the issue of federal paid family leave policy. 
Continue Reading Bipartisan Group of Senate Finance Committee Members Establishes Paid Family Leave Working Group