Retail Labor and Employment Law

Retail Labor and Employment Law

News, Updates, and Insights for Retail Employers

Monthly Archives: March 2013

Posted on by Epstein Becker & Green, P.C.

Affordable Care Act Implementation Regulations Webcast: What Retail Employers Need to Know Now!

 Tuesday, April 30, 2013

 12:00 p.m. – 1:00 p.m. EDT/ 9:00 a.m. – 10:00 a.m. PDT

To register, please click here.

Please join Epstein Becker Green’s Labor & Employment and Employee Benefits practitioners as they review the Affordable Care Act and its ongoing impact on retail employers and their group health plans and programs.

U.S. government agencies are moving quickly to implement the Affordable Care Act. Rules have been released over the past few months concerning participation in health benefit exchanges; the 90-day waiting period limitation; employer responsibility penalties; discrimination based on pre-existing conditions; and expanded employment-based wellness programs.… Continue Reading

Posted on by Epstein Becker & Green, P.C.

Court Finds Continuing Duty Exists to Engage in Interactive Process with Employees Who Exhaust Medical Leave

By Marisa S. Ratinoff and Amy Messigian

In a matter of first impression, the California Court of Appeal held last month that an employee who exhausts all permissible leave under the Pregnancy Disability Leave (“PDL”) provisions of the California Fair Employment and Housing Act (“FEHA”) and is terminated by her employer may nevertheless state a cause of action for discrimination.

In Sanchez v. Swissport, Inc., the plaintiff, a former employee of Swissport, alleged that she was diagnosed with a high risk pregnancy requiring bed rest in February 2009 and was due to give birth in October 2009. The plaintiff … Continue Reading

Posted on by Epstein Becker & Green, P.C.

Actual Duties Define Exempt Status of Managerial Retail Employees and Precludes Class Certification

By: Marisa S. Ratinoff and Amy B. Messigian

Exempt or non-exempt: That is the question.  One of the most difficult areas in wage and hour law for retailers is properly classifying their managerial employees for purposes of determining if overtime need be paid or meal and rest breaks provided.  Long has been the rule that the actual duties the employee performs will determine if he or she is misclassified.  While this is often frustrating to retailers, whose assessment of an individual’s job duties may be a judgment call as to whether they meet or do not meet the specific requirements … Continue Reading

.
Lexblog