Martucci and Inomata Talk 2016 Retail-Related Employment Litigation

Shook, Hardy & Bacon Partner Bill Martucci and Associate Meg Inomata discuss employment litigation that will affect retailers in 2016 in a December 24 Law360 article, titled, “Retail Regulation And Legislation To Watch in 2016.

Between the U.S. Department of Labor’s upcoming overtime rule changes, states’ fair scheduling statutes, and the nationwide minimum-wage battle intensifying, the new year is poised to be busy for retail litigation and regulatory issues.

Regarding overtime rule changes: the DOL has not required the retail industry to go through a “duty test,” which sets requirements for the amount of time a manager spends doing “traditional management duties,” Inomata says. Martucci maintains that the duty test may still be coming, however, since the DOL specifically asked for public comments on duty test when it opened the public comment period for the overtime rule.

Martucci and Inomata also discuss “fair scheduling statutes,” which are gaining traction in New York and California. Inomata describes predictable-scheduling bills as requirements for employers to give employees at least two weeks’ notice on changing shifts. “Predictive scheduling gives employees the ability to look ahead,” Martucci says. “The focus here is to be respectful of an individual’s time.” Inomata expressed doubt that any federal legislation on fair scheduling would go through in 2016.