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Retail Law Advisor

Category Archives: Employment

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Revisions to the Family and Medical Leave Act Require Policy Changes and New Posting Obligation

By Elizabeth K. Levine and Adrienne M. Markham on Posted in Employment

Employers routinely are asked to consider requests by employees to take leave pursuant to the Family and Medical Leave Act of 1993 (FMLA). Determining whether an employee is eligible for such leave is usually straightforward: (1) the employee must have been employed for at least a total of 12 months before the leave begins; (2)… Continue Reading

Working With a Complainer: Avoiding Claims for Retaliation

By Joshua M. Davis and Andrew J. Ferren on Posted in Employment

Like most businesses, retailers sometimes face claims of employment discrimination from current employees. Many times those claims are made against individual supervisors as well as against the business itself. Often, the claims are filed by current employees who continue to work after complaining, in a very personal way, about the conduct of the people who… Continue Reading

A Tenant’s Employee has a Criminal Record. How Does a Landlord React?

By Elizabeth K. Levine and Kevin P. O'Flaherty on Posted in Employment, Landlords, Liability, Retail, Tenant

Employers often are faced with applicants or employees who have criminal backgrounds. There is legislation which provides guidance to employers who wish to make pre-employment inquiries, establishes certain access to criminal offender record information (“CORI”) and provides for a process by which employers may make employment decisions based on CORI. While for the most part… Continue Reading

Social Media Policies: Protection for “Water Cooler” Discussions in the Digital Age

By Alana Van der Mude and Andrew J. Ferren on Posted in Employment, Intellectual Property, Retail, Technology

As discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common. Although retail employers are well-advised to adopt social media policies to set clear expectations for their employees, these policies can become legal traps for the uninformed… Continue Reading

Where Have All the (Full-Time) Jobs Gone? Issues for Retailers with Part-Time Employees

By Elizabeth K. Levine and William H. Dillon on Posted in Employment, Retail

After the technology bubble burst in the early 2000s, retailers saw an uptick of what we commonly refer to as the underemployed – employees who were overqualified whether as a result of education or experience – applying for precious few available full-time positions. In recent years, however, a new trend has emerged. The underemployed are… Continue Reading

The Dangers of Social Media: Employment Disputes

By Alana Van der Mude and Andrew J. Ferren on Posted in Employment, Intellectual Property

Social media platforms such as Facebook and Twitter are proving to be an increasing source of conflict between employers and employees, with surprising and unpredictable outcomes. For example, a store manager who checks the Facebook account of a prospective hire may not realize that this activity can violate anti-discrimination laws. To avoid unpleasant surprises, retail… Continue Reading

Reality TV: The Latest Retail Trend?

By David L. Coombs and Andrew J. Ferren on Posted in Employment, Risk Management

Most readers are probably well acquainted with reality television programming as a genre and with titles such as “Undercover Boss,” “The Apprentice” and “Keeping Up with the Kardashians.”  The seemingly insatiable public appetite for reality television programs can present an inviting promotional opportunity for retail businesses and their leading figures. Imagine your retail company’s namesake… Continue Reading