Header graphic for print
Retail Law Advisor

Tag Archives: Employment

E-commerce Is Changing the Definition of Retail Employment

Posted in E-commerce, Employment, Retail, Retail Sales

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 e-commerce for a wide range of… Continue Reading

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Posted in Employment, Retail

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became effective in December 2016 explicitly notes that employers retain their authority to implement policies and practices restricting employees’ use of marijuana,… Continue Reading

Retailers’ On-Call Scheduling Practices Under Scrutiny in Eight States and D.C.

Posted in Employment, Retail

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 Attorneys General from California, Connecticut, the… Continue Reading

Pushing Back on Just-in-Time Scheduling

Posted in Employment, Retail

In September 2014, this blog 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 Francisco. Just-in-Time (JIT) scheduling or… Continue Reading

It’s Time to Give Your Hiring Processes a Check-up. Are They Compliant?

Posted in Employment, Litigation, Retail

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 procedure helps keep the entire organization… Continue Reading

Is Just-in-Time Scheduling Good for Business?

Posted in Employment, Retail

Ten years ago, retail managers created schedules for hourly employees using a paper, pen, and a working knowledge of the store’s busy periods and their employees lives. Now, in many businesses, computers create employee schedules. Known as Just-in-Time (JIT) scheduling or “scheduling to demand,” JIT scheduling closely links labor supply to consumer demand by relying… Continue Reading

Spring Cleaning: Dealing with Increased Sexual Harassment Claims

Posted in Employment

Employment lawyers deal with more claims of sex harassment in the spring than at any other time all year (with the possible exception of the weeks immediately following company holiday parties). Whatever the reason, this is the time of year when employers are particularly worried about vicarious liability under Title VII (the federal law that… Continue Reading

Naughty or Nice? Criminal Background Checks for Seasonal Employees at the Top of the List

Posted in Employment, Retail

The recent story of a Mall Santa accused of sexually assaulting an 18-year-old coworker at the Hanover Mall in Massachusetts highlights the potential pitfalls of hiring for the holiday season. In this case, the seasonal employee was subjected to a criminal background check and had no criminal record. That said, the case highlights the fact that… Continue Reading

Scrutiny of Databases that Track Private Records of Employee Wrongdoing

Posted in Employment, Retail

Massachusetts recently changed the law governing access to criminal offender record information or CORI to insure that job applicants have an opportunity to find work without suffering unduly from past criminal misconduct. Employers often conduct background checks as part of pre-employment screening. The results of these checks, and other pre-employment inquiries, like drug testing, can… Continue Reading

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

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