Does the decline of 24-hour retail mean a safer workplace?

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The Lincoln Williamsburg Hy-Vee, just north of our Lincoln office, joined other Hy-Vee stores in ending 24-hour operations

Hy-Vee Stores ended 24-hour operations in most of their stores throughout the Midwest . Did Hy-Vee’s move help workplace safety for their workers?

Maybe.

24-hour retail and workplace violence

Retail workers are increasingly subjected to violence on the job. Violence at stores increases during overnight hours and in stores where alcohol is sold. Some police departments believe 24-hour retail establishments are public safety risks. So by closing at midnight, Hy-Vee may be lowering the risk of injury from violence for their overnight employees.

However Hy-Vee failed to mention worker safety as a reason for ending 24 hour operations. (The reasons sound like a lot of corporate speak for reducing staff.) In my view, Hy-Vee deserves criticism for some workplace safety practices. I noticed Hy-Vee has implemented a light duty program where injured employees literally sit and/or stand and do nothing. In my experience, these programs are borderline abusive and usually force employees to return to work too soon.

Online shopping and the gig economy

Customer convenience drove the expansion of 24-hour retailing. But many shoppers skip the store all together for the convenience of online shopping and delivery.

Online retail has increased warehousing and delivery jobs that have safety risks of their own. Companies looking to save money contract out delivery to gig economy companies like Shipt and Door Dash Shipt and Door Dash classify their workers as contractors. These contractors lack employment protections like workers’ compensation.  California recently enacted Assembly Bill 5 (AB5) to extend employment protections to gig economy workers. California codified the employee-friendly ABC test in AB5. New Jersey and New York are looking at following California’s lead by classifying gig economy workers as employees rather than independent contractors.

Gig economy workers in Nebraska

Nebraska lawmakers have remained silent on whether gig economy workers should be defined as employees or independent contractors. Our state’s workers’ compensation law uses a more employer-friendly “economic reality” test to decide whether a worker is an employee or contractor.

But even using the economic reality test, the Nebraska Supreme Court defined taxi drivers as employees rather than contractors for the purposes of workers compensation. Under that case law, I believe you can argue credibly that most gig economy employees should be deemed employees under the Nebraska Workers Compensation Act.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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