The Retail Employment Law Blog is published by the attorneys at Jackson Lewis, LLP. The blog covers employment law disputes and concerns that relate directly to the retail industry. Mark Askansas, Douglas Bria, and Dylan Carp update readers on class certification, their analysis of litigation from around the country, and other legal issues in employment law.
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A federal court in the Eastern District of Washington recently permitted a disabled car rental agent discharged while on medical leave for foot surgery to proceed with her claims for failure to accommodate under Washington’s...
By Randall J. Hakes For the first time, a California appellate court has addressed when paid leave offered as a sabbatical is considered “paid vacation.” The distinction is important because, under California law, employers must pay separating employees accrued but unused vacation...
By Julia M. Ebert A federal court has held that Cal. Labor Code section 2802 does not require employers to reimburse employees for internet and phone expenses when employees voluntarily telecommute. Novak v. The Boeing Company, Case No. 09-01011-CJC-(ANx) (C.D. Cal. July 20, 2011). In...
By Heather Panick A federal judge in Oklahoma held retailer Abercrombie & Fitch violated the law by refusing to hire a Muslim applicant solely because she wanted to wear a hijab while working. ...
By Lisa Baiocchi The U.S. Court of Appeals for the Eighth Circuit upheld summary judgment for Wal-Mart on a manager’s claim for retaliation, holding the arguably unprofessional conduct she allegedly received while working at the retailer did not amount to adverse action. Chestine Clay...
By Lisa Baiocchi The U.S. Court of Appeals for the Eighth Circuit upheld summary judgment for Wal-Mart on a manager’s claim for retaliation, holding the arguably unprofessional conduct she allegedly received while working at the retailer did not amount to adverse...
By Heather Panick In Morris v. Lowe’s Home Ctrs. Inc., 2011 U.S. Dist. LEXIS 63008 (M.D. N.C. 2011), the United States District Court in North Carolina held that equitable tolling applies to...
Court holds conclusory allegations of retailer's wage and hour violations do not belong in federal court
A federal court in Pennsylvania has held conclusory allegations that a retailer required a putative class of non-exempt store managers to work off the clock and failed to pay them overtime, in violation of the Fair Labor Standards Act (“FLSA”), are insufficient to state a claim...
As more mergers and acquisitions take place in the retail industry, acquiring companies need to be mindful of whether they are successor employers for determining liability under the FMLA. In Sullivan v. Dollar Tree Stores, 623 F.3d 770 (9th Cir. 2010), the Ninth...
The Department of Labor (DOL) announced it is reviewing the use of electronic media by employee benefit plans subject to ERISA to furnish information to participants and beneficiaries, following and in response to Executive Order 13563 issued by President Obama to address and improve...