Featured in #WorkforceWednesday: This week, Virginia became the first state to issue workplace safety standards, but with guidance still varying widely, many nationwide businesses have begun requiring masks.
Retail
New Jersey Allows Re-Opening of Non-Essential Retail and Construction Business, and In-Vehicle Gatherings, with Restrictions

On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup only) and permitting public gatherings of more than 10 people so long as attendees stay in closed (or socially…
New Jersey Lifts Some Business Closures, Reiterates and Clarifies Others; and Opens Golf Courses and State Parks with Restrictions

New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued orders this week lifting some closures and reiterating or clarifying others, as follows.
Administrative Order 2020-10
On April 27, 2020, in Administrative Order 2020-10 (“A.O. 10”) , Col. Callahan clarified…
New DOL Opinion Letter on the FLSA’s Retail/Service Establishment Employee Exemption

Our colleagues Jeffrey H. Ruzal and Carly Baratt at Epstein Becker Green have recently published a post on the Wage and Hour Defense blog that will be of interest to our readers in the retail industry: “Latest Department of Labor Opinion Letter Addresses the FLSA’s Retail/Service Establishment Employee Exemption.”
Following is an excerpt:…
Take 5 Newsletter – Retail Employers Continue to Face a Myriad of Challenges in the Workplace

This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on National Labor Relations Act (“NLRA”) compliance and New York City drug testing to assist you in navigating an increasingly complex legal landscape.
Watercooler (and…

Retail Roundtable Event Hosted by EBG in New York City
Please join Nathaniel M. Glasser, Elizabeth K. McManus, Jeremy M. Brown, and Joshua A. Stein for an engaging and informative discussion of topical labor and employment issues facing all retailers. The presenters will address cutting-edge employment matters and share best practices in a private forum in which all attendees can freely participate,…
Predictive Scheduling is Becoming the New Normal for Hospitality and Retail Industry – Employment Law This Week
Our colleagues Jeff Landes, Jeff Ruzal, and Adriana Kosovych are featured on Employment Law This Week – Predictive Scheduling Laws, the New Normal? – Deep Dive Episode speaking on predictive scheduling laws and the impact on business. Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Laws…
Certain Types of On-Call Scheduling Triggers Requirement to Pay Wages

Our colleague Kevin Sullivan at Epstein Becker Green has a post on the Wage and Hour Defense Blog that will be of interest to our readers in the retail industry: “California Court of Appeal Concludes That Certain Types of On-Call Scheduling Triggers Requirement to Pay Wages.”
On February 4, 2019, a divided panel…

Massachusetts Attorney General Enforces State Ban the Box Law for First Time, Fining Three Businesses and Issuing Warnings to 17 Others
Massachusetts is one of many states which have adopted legislation, commonly known as a “ban the box” law, prohibiting public and private employers from requesting criminal record information in a prospective employee’s “initial written employment application” and limiting the type and scope of questions an employer may ask a candidate following receipt of an “initial…
Five Issues Retail Employers Should Monitor Under the Trump Administration
In the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:
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