Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Category Archives: Labor & Employment

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California Lawsuits Over Seating for Employees Not Limited to Cashiers

Posted in Labor & Employment
Recent months have shown a dramatic increase in suits against retailers by cashiers seeking seats at work. The influx results from two California Court of Appeal decisions in late 2010 that permitted the plaintiff cashiers to pursue suits against their employers for not providing seating. Several suits filed since then come from cashiers seeking to… Continue Reading

Ninth Circuit Holds that Under the ADA, Chipotle Mexican Grill Must Offer Patrons Equivalent Customer Experiences

Posted in Labor & Employment
Chipotle Mexican Grill coined the phrase the “Chipotle Experience” to describe customers’ participation in the preparation of their meal. In July 2010, the Ninth Circuit ruled in Antoninetti v. Chipotle Mexican Grill, Inc., that the Chipotle Experience violated the ADA because there was no “equivalent facilitation” for customers in wheelchairs, who could not see over a… Continue Reading

State Appellate Court Vacates Class Action Settlement Due to Court’s Failure to Independently Analyze Fairness of Settlement.

Posted in Labor & Employment
Case: Kullar v. Foot Locker Retail Inc., Case No. A119697 (Cal. Ct. App. 11/7/08) The One Sentence Summary: Approval of a $2 million settlement in a wage-and-hour class action against a retailer was vacated because the trial court failed to independently analyze the evidence and circumstances surrounding the settlement. What They Were Fighting About: Defendant… Continue Reading

Even Reasonable and Narrow Non-Compete Agreements Are Barred by California Statute

Posted in IP/Brand Protection, Labor & Employment
Employment contracts with non-competition clauses are common outside of California, but a California statute, section 16600 of the California Business and Professions Code, prohibits non-compete contracts outside of a few statutory exceptions. In a decision issued on August 7, 2008, Edwards v. Arthur Anderson, No. S147190, the California Supreme Court held that section 16600 prohibits… Continue Reading

No Irreparable Harm Justifying Writ Relief From Trial Court’s Order to Disclose Redacted Version of Letter Prepared By Outside Counsel

Posted in Labor & Employment
Case: Costco Wholesale Corporation v. Superior Court (Cal. Ct. App. 3/27/08) The One Sentence Summary: Where a redacted version of a letter prepared by Costco’s outside counsel detailing a comprehensive factual investigation and legal analysis of the classification of managers within Costco warehouses disclosed only job descriptions of certain managers readily available from other sources,… Continue Reading

Step-By-Step Guide to the San Francisco Health Care Security Ordinance

Posted in Labor & Employment
The San Francisco Health Care Security Ordinance (HCSO) became effective on January 9, 2008. The HCSO requires most San Francisco employers to make minimum health care expenditures for their employees, to track such expenditures, and to confirm compliance. Folger Levin & Kahn LLP has prepared a summary of the HCSO intended to be a step-by-step… Continue Reading

New Legal Developments for California Employers

Posted in Labor & Employment
This posting provides a summary of many new developments in California Employment Law for 2008, including summaries of new statutes, case law, and regulations that will impact California employers. If you have any questions about the application of any of these laws to any particular situation effecting your company, please contact one of us in… Continue Reading

Are Websites Covered By The ADA?

Posted in Labor & Employment
Case: National Federation of the Blind v. Target Corporation: Implications Beyond “Brick-and-Click” Retailers Summary: Are websites required to be accessible to the blind? A case before the United States District Court for the Northern District of California directly addresses that question, and thus far, the answer seems to be “yes” if you are a business… Continue Reading

ADA Plaintiff May Challenge All Barriers at Place of Public Accommodation Affecting His or Her Disability

Posted in Labor & Employment
Case: Doran v. 7-Eleven, Inc., No. 05-56439 (9th Cir. Nov. 9, 2007)The One Sentence Summary: If an ADA plaintiff has encountered or has personal knowledge of at least one barrier affecting his or her disability and thereby has been deterred from attempting to gain access to a place of public accommodation, the plaintiff has standing… Continue Reading

California Supreme Court Finds That Class Arbitration Waivers in Employment Arbitration Agreements May Be Contrary to Public Policy

Posted in Labor & Employment
Case: Gentry v. Superior Court of Los Angeles Co. (Circuit City Stores, Inc.), No. S141502 (Cal. Aug. 30, 2007)The One Sentence Summary: The California Supreme Court held that class arbitration waivers should not be enforced if a trial court determines that class arbitration would be a significantly more effective way of vindicating the rights of… Continue Reading

Proposed Legislation Would Provide Copyright Protection for Fashion Designs

Posted in IP/Brand Protection, Labor & Employment
Proposed Legislation: Senate Bill 1957, Design Piracy Prohibition Act The One Sentence Summary: The proposed Design Piracy Prohibition Act would provide copyright protection to fashion designs, whereas existing law only protects fashion labels from being copied by counterfeit merchandisers. Summary of Legislation: Senate Bill 1957 would provide copyright protection to a “fashion design,” which is… Continue Reading

Ninth Circuit Affirms Preliminary Injunction for Albertson’s Restraining Competing Retail Grocer from Using “Lucky” Trademark

Posted in IP/Brand Protection, Labor & Employment
Case: Grocery Outlet Inc. v. Albertson’s Inc., No. 06-16380 (9th Cir. 8/9/07) The One Sentence Summary: Ninth Circuit affirmed the district court’s granting of a preliminary injunction to Albertson’s, based on the possibility of irreparable injury and the strong likelihood of its prevailing on the merits despite competitor Grocery Outlet’s asserted defense of abandonment of… Continue Reading

California’s Unruh Civil Rights Act Prohibits Gender-Based Price Discrimination, Whether or not Customer Demands and Is Refused Equal Treatment

Posted in Labor & Employment
Case: Angelucci v. Century Supper Club, 41 Cal. 4th 160 (May 31, 2007) The One Sentence Summary: The California Supreme Court held that a plaintiff is not required to allege that he or she requested equal treatment and the retailer refused in order to state a claim under the Unruh Civil Rights Act for gender-based… Continue Reading

Ninth Circuit Reverses Denial of Retailer’s Motion for Preliminary Injunction in Trademark Infringement Case

Posted in IP/Brand Protection, Labor & Employment
Case: Abercrombie & Fitch Co. v. Moose Creek, Inc., No. 06-56774 (9th Cir. 5/22/07) The One Sentence Summary: District court erred in denying Abercrombie & Fitch’s motion for a preliminary injunction against Moose Creek’s use of new marks by (1) misapplying the doctrine of judicial estoppel, and (2) erroneously concluding that the parties’ trademarks were… Continue Reading

California Court Rejects Claim that Cable Television Provider’s Facially-Neutral Policy Violated Americans with Disabilities Act

Posted in Labor & Employment
Case: Belton v. Comcast Cable Holdings, LLC, No. A112591 (Cal. Ct. App. 6/8/07) The One Sentence Summary: California court of appeal rejected blind customer’s claim that Comcast’s policy requiring purchase of television cable services in order to obtain cable FM or music services violated the Americans with Disabilities Act, because the plaintiff was not denied… Continue Reading