• Retail Industry Workplace Law Update – Summer 2018
  • June 28, 2018
  • Supreme Court Approves Use of Class Action Waivers in Employment Arbitration Agreements
    The National Labor Relations Act (NLRA) does not bar class action waivers in employment arbitration agreements, the U.S. Supreme Court has ruled. Such waivers are enforceable under the Federal Arbitration Act (FAA).
    Class Action Trends Report
    The latest issue of our quarterly report on new developments in class action litigation covers the following topics:
    • Computer-age class action traps
    • #MeToo: A viral movement, a wave of claims
    • American with Disabilities Act (ADA) applies in cyberspace, too
    • Online job assessments can be an ADA minefield
    • Use of biometric data prompts class litigation

    South Carolina Enacts Pregnancy Accommodation Requirements for Employers
    The South Carolina Pregnancy Accommodations Act requires employers, including retailers, with at least 15 employees to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or other related medical conditions (including lactation). In addition, the Act imposes notice requirements on covered employers effective September 14, 2018, for existing and new employees.
    ‘ABC Test’ to Determine Whether Employee or Independent Contractor, California Supreme Court Holds
    The California Supreme Court has broadened the definition of “employee” in the state’s Industrial Work Commission wage orders when undertaking the employee-versus-independent contractor analysis. It ruled that the appropriate analysis for determining whether an employer-employee relationship exists is the “ABC Test,” which requires an employer to prove the individual provides a service that is not part of the employer’s usual business, among other things.
    Common Family and Medical Leave Act Mistakes
    One mistake retailers and other employers make when it comes to administering Family and Medical Leave Act (FMLA) leave is not communicating with the employee who is on leave. Our “What Am I Doing Wrong??” series identifies the common FMLA mistakes and how to avoid them.