Skip to main content

Please Wait While I Check Your Bag: California Court Certifies Nike Bag-Check Class Action & Converse Workers Seek Class Certification in Similar Case

Long lines and waiting for security inspections are the new normal not only at airports and stadiums, but also at office buildings and theatres—just to name a few places. According to the plaintiff in Rodriquez v. Nike Retail Services, Inc., N.D. Cal. Case No. 5:14-cv-01508, he and other Nike retail employees also had to wait for security inspections when they left for breaks or after their shifts at Nike’s retail stores.

Employers May Have to Include Pay-in-Lieu of Benefits In Regular Rate for Overtime

Under the federal Fair Labor Standards Act, employers must pay employees overtime based on their “regular rate.” Various states, including California, also follow the FLSA regular rate definitions. For non-exempt employees paid only on an hourly rate, determining the regular rate is easy: It is the hourly rate. However, matters can be tricky when an employer also pays non-exempt employees additional compensation, such as bonuses or commissions. In many cases, additional amounts paid must be included in determining the regular rate.

San Francisco Mandates Employers Provide Paid Parental Leave

California has myriad laws giving employees the ability to take various paid or unpaid leaves. Some cities impose even broader paid sick leave mandates. Now, starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.  

Defend Trade Secrets Act Creates Need to Revise Employee Contracts Governing Use of Trade Secrets and Confidential Information

Fashion companies deal with trade secrets and other confidential information all the time. Whether it is proprietary information regarding customers, pricing, sourcing, product design or manufacturing methods, this valuable intellectual property provides a competitive edge in the market by virtue of the fact that it is not generally known.

Arent Fox Speaks to New Fashion Designers on Setting Up Their Brands

On April 26, 2016—The Fashion Institute of Design & Merchandising (FIDM) invited Anthony Lupo, chair of Arent Fox's fashion law practice, to give students and alumni a presentation about the specific legal and business challenges that designers and retailers of fashion and luxury products face in an increasi

New Year, New Rules: Seven Key Things to Know about Wage and Hour Laws for 2016

Employers should be aware of several important changes to federal and New York wage and hour laws, effective December 31, 2015 and January 1, 2016. Additionally, the New York Wage and Deduction Law has been extended to November 6, 2018. Changes to federal and state laws include:

Retailers Under Fire: Urban Outfitters Becomes Latest Chain to Settle Wage Dispute

Urban Outfitters, Inc. – the parent company of Urban Outfitters, Anthropologie, Free People, and BHLDN – recently settled an overtime wage and hour class action brought by one of its employees who alleged that he and others similarly situated were forced to work overtime without appropriate pay and that the Company violated a number of other California labor laws. Berry v. Urban Outfitters Wholesale Inc., N.D. Cal., No. 4:13-cv-02628.   

NYC Bans the Box and Becomes Latest Jurisdiction to Limit Criminal Background Checks

On June 29, 2015, New York City Mayor Bill DeBlasio (D) signed into law Bill 318-A, also known as the Fair Chance Act (the “Act”), which limits an employer’s ability to ask about an applicant’s criminal history until the applicant has been given a conditional offer of employment. The bill was passed by the City Council overwhelmingly on June 11, 2015 with 45 yeas and 5 nays. By passing the Act, New York City joins 17 states and over 100 cities that have enacted similar legislation. The law will take effect on October 27, 2015, 120 days after the Act was signed into law.  

On-Call Retail Shifts Are On-the-Spot in New York

Employers in New York are bound by a law that requires them to pay workers who report for scheduled shifts at least four hours of pay, even if managers send them home earlier. See 12 NYCRR 142-2.3. According to the office of the New York Attorney General, Eric Schneiderman, retailers have attempted to skirt this law by increasingly assigning just enough employees to handle anticipated demand and requiring others to be on-call, allegedly resulting in far less predictable and less stable work hours for much of the retailers’ part-time work force.

American Idol Winner Wants Out from Contract with Show’s Producer; Claims Producer Acted as a ‘Talent Agency’

American Idol Season 11 winner Phillip Phillips has filed a petition with the California Labor Commissioner, arguing that 19 Entertainment, Inc. (the producer of the hit talent show) unlawfully acted as a “talent agency” in contravention of the California Talent Agencies Act (CTAA).