Hunton Retail Law Resource

The COVID-19 pandemic continues to cause uncertainty for employers across the country, but, as the National Labor Relations Board reiterated on September 18, it does not excuse labor law violations.

As many readers of this blog are aware, a nationwide trend of localities requiring paid family leave has emerged over the last few years. While there has been little development on the federal front, this appears to be changing. On May 22, 2019, members of the U.S. Senate Finance Committee, which has jurisdiction over federal tax policy and significant health care policy, announced a bipartisan working committee of Finance Committee senators to consider the issue of federal paid family leave policy.

The increase in the use of noncompetition agreements in industries such as retail and food service has caught the eye of several state legislatures, and they are beginning to take measures to curb the trend.

A Massachusetts law recently signed will limit employers’ ability to restrict hourly workers from engaging in competitive work after the end of their employment. The bill, signed by the governor on August 10, 2018, and effective October 1, 2018, prohibits employers from enforcing employment noncompetition agreements against employees who are classified as nonexempt under the Fair Labor Standards Act. In effect, the law will eliminate an employer’s ability to limit where hourly retail employees can work after the end of their employment, even if they want to go to work for a direct competitor.

On August 2, 2017, the U.S. Senate confirmed one of President Trump’s two management-side appointees, Marvin Kaplan, to the National Labor Relations Board (“NLRB”) in a contentious vote along party lines. Kaplan was sworn in on August 10, 2017, for a term ending on August 27, 2020. 

The issue of religious background has generated substantial discussion during the current election cycle. Recently, the federal government highlighted the issue of religious discrimination and accommodation in the workplace.