Retail Labor and Employment Law

Retail Labor and Employment Law

News, Updates, and Insights for Retail Employers

Monthly Archives: September 2013

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

Government Shutdown and Its Threat to the Immigration Process

We recommend this recent client alert on Epstein Becker Green’s website: “Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown,” by Robert Groban, Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Im, and Greta Ravitsky, our colleagues at Epstein Becker Green.

Following is an excerpt:

The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by the fees it collects. The shutdown, however, may affect the ability of applicants … Continue Reading

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

FMLA Certifications: What to Do with an Incomplete or Insufficient Certification

By Anna A. Cohen         

A common complaint from retail employers is that employees requesting FMLA leave often submit Certifications from health care providers that are incomplete (one or more of the entries are blank) or insufficient (the information provided is vague, ambiguous, or non-responsive).  Employers are not required to automatically grant a leave of absence upon receipt of a deficient Certification.  Rather, there are several things an employer can do to ensure that it is granting leave for a qualifying reason and for an appropriate duration.

If the Certification is incomplete, vague, ambiguous, or non-responsive, employers should provide a … Continue Reading

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

Consumer Financial Protection Bureau Issues Warning To Employers Who Use Payroll Cards

By Lisa M. Watanabe

On September 12, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin warning employers that they cannot require their employees to receive wages on payroll cards. The CFPB’s bulletin was issued amid the growing unrest among workers about the high and unexpected fees often associated with payroll cards.  Critics say that the fees may be so high that employees end up making less than the minimum wage.

In recent years, there has been an increasing amount of employers (especially in the retail and food-service industries) who have adopted this method of payment to reduce the … Continue Reading

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

Oct. 2: Webinar on Workplace Violence and Active Shooter Scenarios – Protecting Your Employees

We’d like to recommend an upcoming complimentary webinar, “Addressing and Responding to Workplace Violence and Active Shooter Scenarios to Protect Your Employees” (Oct. 2, 2:00 p.m. EDT), by our Epstein Becker Green colleagues Kara M. Maciel, Susan Gross Sholinsky, and Christopher M. Locke, with Daniel Hess and Lynne Cripe of The KonTerra Group, an employee assistance program provider that regularly counsels employees undergoing stressful life events that can lead to violence.

Below is their description of the event:

Violence in the workplace can range from bullying and harassment to physical attacks to fatal mass shootings. … Continue Reading

Posted on by Marisa S. Ratinoff

California’s Leave Laws May Create the Perfect Storm for Employers

In this month’s Take 5 newsletter, I discuss how California is unique for making numerous types of protected leaves of absence available to employees.  All of these options can add up to a lot of protected leave.

Following is from the introduction:

National employers often find it challenging to navigate the employment laws of the various states in which they do business. In most cases, the easiest solution may be to adopt national policies that follow federal law. This process will not work, however, for employers that do business in California, where state protections are often more expansive and … Continue Reading

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

ACA Employer Mandate: IRS Proposals on Information Reporting Requirements

 

We recommend this recent post on the Hospitality Labor and Employment Law blog: “IRS Releases Proposed Rules on Employer’s Information Reporting Requirements Under the Employer Mandate of the Affordable Care Act,” by Kara Maciel, Adam Solander, and Brandon Ge, our colleagues at Epstein Becker Green.

Following is an excerpt:

On September 5, 2013, the Internal Revenue Service (“IRS”) released two proposed rules to implement important reporting requirements under the Patient Protection and Affordable Care Act (“ACA”), which will help determine penalties under the Employer Mandate and should be of great importance to hospitality … Continue Reading

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

California Legislature Brings Prevailing Party Attorneys’ Fees Provision for Wage Claims in Line with Rule in Discrimination Cases

By Jennifer Nutter

Until recently, California retail employers could leverage the threat that employees suing them for nonpayment of wages (including sales commissions), fringe benefits, or health and welfare or pension fund contributions would have to pay the employer’s attorneys’ fees in the event that the claim was unsuccessful.  Labor Code Section 218.5 provided that the court “shall” award the “prevailing party” its attorneys’ fees in such cases (assuming a request was made at the beginning of the suit).

It had long been argued by attorneys representing employees in these types of cases that Section 218.5 should be interpreted to … Continue Reading

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

A Less Discriminating Approach to Form I-9 Compliance

By: Robert Groban and Susan Gross Sholinsky

Recent settlements with Forever 21 and Macy’s announced by the U.S. Justice Department’s Office of Special Counsel (“OSC”) underscore the importance to retail employers of training staff regarding the anti-discrimination provisions of the Form I-9 requirements.

Most employers are familiar with the Form I-9 requirements that direct employers to obtain original documentation establishing the identity and work authorization of all new employees hired since November 7, 1986.  In their eagerness to satisfy their Form I-9 obligations, however, many employers, including a growing number in the retail industry, fail to comply with the anti-discrimination … Continue Reading

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