Monthly Archives: November 2012

Posted on November 30, 2012 by Epstein Becker & Green, P.C.

Employer Posting Requirements Under New Jersey Law

Our colleagues Maxine Neuhauser and Amy E. Hatcher have written a client advisory: “Employer Posting Requirements Under New Jersey Law.” Following is an excerpt:

The list of employee notices that New Jersey employers are required to post has grown this year. Accordingly, as 2012 comes to a close, New Jersey employers should take some time to review the notification requirements relating to employees’ workplace rights and responsibilities under state law.

Employers are mandated under New Jersey law to display official posters informing their employees of the law relating to employee rights and responsibilities. An employer that fails to
… Continue Reading

Posted on November 19, 2012 by Epstein Becker & Green, P.C.

Watching Your Watchman: A Cautionary Tale

By William Stein

In rolling out arbitration policies, retail employers should heed the recent California Court of Appeal decision Gorlach v. The Sports Club Co. That case gives employers reason to be cautious when asking employees to sign agreements requiring them to arbitrate any disputes arising out of their employment. In that case, the trial court found the former Director of Human Resources, who was responsible for obtaining employees’ signatures on a mutual agreement to arbitrate claims, intentionally misled the company into believing that had signed the agreement when she had not. Nevertheless, it denied the company’s motion to … Continue Reading

Posted on November 19, 2012 by Epstein Becker & Green, P.C.

Get the Door: It’s a Vicarious Liability Lawsuit

By Amy Messigian

On October 11, 2012, the California Supreme Court granted review of Patterson v. Domino’s Pizza to address the circumstances in which a defendant franchisor may be held vicariously liable for tortious conduct by a supervising employee of a franchisee.

Like many fast food chains, Domino’s Pizza (“Domino’s”) is a franchising operation in which individual franchisees operate storefronts under the Domino’s name.

In Patterson, the plaintiff, a sixteen-year-old employee of a Sui Juris, a Domino’s Pizza franchisee (“Sui Juris”), alleged that she was sexually harassed and assaulted at work by an assistant manager of the store. She … Continue Reading

Posted on November 19, 2012 by Epstein Becker & Green, P.C.

A Whole New World of Religious Discrimination

By Amy Messigian

On September 8, 2012, California Governor Jerry Brown signed the Workplace Religious Freedom Act into law. The law, which becomes effective on January 1, 2013, amends the California Fair Employment and Housing Act (the “Act”) to include a religious dress practice or a religious grooming practice as a belief or observance covered under the Act’s protections against religious discrimination.

The new law also specifies that it is not reasonable to segregate an employee from the public or other employees as an accommodation of the individual’s religious dress practice or religious grooming practice. Inasmuch, retail employers may not … Continue Reading

Posted on November 18, 2012 by Epstein Becker & Green, P.C.

Clarification Of California’s Obscure “Suitable Seating” Requirement Should Be Forthcoming In Two Pending Cases

By: Michael S. Kun, as appeared on the Wage & Hour Defense blog

Employers with operations in California have become aware in recent years of an obscure provision in California Wage Orders that requires “suitable seating” for some employees. Not surprisingly, many became aware of this provision through the great many class action lawsuits filed by plaintiffs’ counsel who also just discovered the provision. The law on this issue is scant. However, at least two pending cases should clarify whether and when employers must provide seats – a case against Bank of America that is currently before the Ninth … Continue Reading

Posted on November 17, 2012 by Epstein Becker & Green, P.C.

The Employer Defense Blog Has a New Focus on Retail Labor and Employment Law

We are pleased to announce today that the Employer Defense Law Blog has a new look and a more focused approach. The Employer Defense Law Blog will now be known as the Retail Labor and Employment Law Blog, which will provide insights, news, updates, and commentary on labor and employment law developments affecting employers in the retail industry.

For more than three decades, Epstein Becker Green attorneys have been advising and representing retail clients on a wide array of matters that impact their businesses. Our services have included, among other things, drafting worldwide policies and procedures related to global … Continue Reading

Posted on November 16, 2012 by Epstein Becker & Green, P.C.

Prepare Employees for Black Friday and Beyond

Black Friday.jpg By Jennifer Barna

As shoppers and retailers get ready to celebrate “Black Friday” — the kickoff to what we hope will be a busy holiday shopping season – it’s a good time for retail employers to review their policies on timekeeping and to ensure that non-exempt employees know how to record their working time. Where is it not prohibited by state laws concerning meal and other breaks, employees may sometimes end up missing all or part of an unpaid meal break due to the demands of a busy sales floor. Employers need make sure employees are properly compensated for time … Continue Reading