Category: Employment
New York City Vaccine Mandate for Certain Indoor Activities
In early August 2021, New York City Mayor Bill de Blasio announced the Key to NYC , which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such establishments must also be vaccinated. There is no exception to this vaccination mandate...
Can Companies Require Employees to Get The COVID-19 Vaccine? Employment Lawyers Respond
WCVB NewsABC affiliate, WCVB Channel 5 News, consulted Carla Reeves in a segment regarding an employer's ability to require vaccination. "Employers have a decision to make: Do I want to be so rigid that I'm not accounting for the very real challenges that caregivers have?" said Carla during the on-air interview...
Avoiding Coronavirus Discrimination Claims in Retail and Hospitality
On the 30 th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail and hospitality industries reopen and expand operations during the COVID-19 pandemic, an important component of those...
COVID-19 Safety Checklist for Reopening Your Workplace
Step 1: Prepare for employees to return to the workplace. Assess the risk level of your workplace according to OSHA Guidelines. Lower exposure risk (caution) jobs are those that do not require contact with people known to be, or suspected of being, infected with SARS-CoV-2 nor frequent close contact...
Unconscious Bias in the Retail World
Last week, in our highlights of the 49 th ICSC U.S. Law Conference , we touched on Dr. Mahzarin R. Banaji ’s keynote presentation, where she discussed unconscious bias and how it affects everyone. She has also co-authored a book entitled Blindspot: Hidden Biases of Good People discussing these...
Update: Tip Pooling by Restaurant Owners is Guided by Tip Income Protection Act of 2018
When we last looked at tip pooling at restaurants and who would be permitted to be included, the laws and regulations were in flux. Since then, the Tip Income Protection Act of 2018 was signed into law. Among other things, in instances where the employer is paying full minimum...
Update: Tip Pooling by Restaurant Owners Remains in Flux
This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff that are customarily and regularly tipped (such as waiters, waitresses, bellhops, and service bartenders) and back-of-house staff...
Robots Will Reshape – Not Replace – Retail Work
As we have discussed in earlier blog posts , rapid changes in the retail landscape due to the rise of e-commerce and a shift in customer’s interests from old-school, one-stop department store shopping to experiential retail, has led to a recent wave of retail bankruptcies and store closings. The...
E-commerce Is Changing the Definition of Retail Employment
The retail landscape is in the midst of a mind-boggling – and fast-moving – evolution. In a short amount of time, Americans have radically changed how they shop for things, utilizing multiple channels of shopping to meet their needs. 80% of Americans are now shopping online, and they utilize...
Forging a Legal Firewall: Recent Decisions May Shield Retailers from ADA-Based Website Inaccessibility Claims
We have commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free enjoyment of public accommodations on the basis of disability. Where websites and mobile applications serve as extensions...
The Ascendency of Accessibility: Surge in Website Lawsuits Continues
The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is symptomatic of long-term trends. Growth is fueled in part by litigants’ increased focus on internet-based technologies...
Retailers’ On-Call Scheduling Practices Under Scrutiny in Eight States and D.C.
On April 12, 2016, New York Attorney General Eric Schneiderman sent letters to fifteen retailers requesting information regarding their use of “on-call shifts” in scheduling employees. The letters were similar to those letters sent by the New York Attorney General in April, 2015 with a critical difference – the...
Retail Litigation Center: A National and Influential Force In Litigation
The Retail Litigation Center (RLC) is a trade organization attached to the Retail Industry Leaders Association (RILA) that describes itself as “the only organization dedicated to advocating the retail industry's perspective in those judicial proceedings that are most important to the retail community.” Launched by RILA in 2010, the RLC is a...
Pushing Back on Just-in-Time Scheduling
Back in September 2014, we asked the question "Is Just-in-Time Scheduling Good for Business"? Twenty months later, it seems like that question has been answered and our prediction that retailers may be legally required to alter their Just-in-Time scheduling practices has come true, at least in New York and San...
The War for Talent: It’s On
It’s not exactly news that we have a war for talent in the U.S. Since the recession of 2008, business commentators have followed the U.S. population’s return to work. When unemployment was high and workers had no alternatives, they often stayed at jobs regardless of their level of satisfaction...
Uber Drivers: Employees or Independent Contractors?
Since its founding in 2009, Uber has gained both praise and notoriety for shaking up the taxi industry by allowing individuals who meet minimum requirements to provide an on-demand car service via the Uber mobile app. In December 2014, there were 162,037 active Uber drivers in the United States...
It’s Time to Give Your Hiring Processes a Check-up. Are They Compliant?
As your prospective employees are brushing up on their interview skills, it’s also a good time to ensure your hiring practices and procedures are in order. A regular review of employment application processes will keep them up-to-date. Scheduling time with hiring managers and Human Resources to freshen up interviewing...
Massachusetts Expands Parental Leave Rights
Effective April 7, 2015, Massachusetts employers with six or more employees must provide childbirth leave on a gender neutral basis. Under a new Parental Leave Act law (“PLA”) signed by former Governor Deval Patrick on the day before he left office, Massachusetts men will now be guaranteed eight weeks...