News & Analysis as of

IRS Issues Favorable Rules for Retail and Restaurant Remodeling Costs - Retail Did You Know?

Dear Retail Clients and Friends, On November 19, the IRS released Revenue Procedure 2015-56, which provides a safe harbor method of accounting for costs incurred by retailers and restaurants in remodel and refresh...more

Predictive Scheduling: A Primer for Retail and Hospitality Employers

One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among...more

Tax Incentives for Post-Holiday Facelifts

This week is a big week for the retail industry: its results can predict the overall success of an important shopping period. If stores perform well, this week can contribute significantly toward a successful quarterly...more

Black Friday? Not This Year.

Black Friday is the infamous day that kicks off the official holiday shopping season in the United States. With many folks and students enjoying the day after Thanksgiving off, Black Friday is the perfect time to start...more

Black Friday: It’s Not Just About Brick & Mortar Stores Anymore

Here at Socially Aware, we’re focused on Thanksgiving dinner, but we’re well aware that the day after Thanksgiving—Black Friday—is one of the busiest shopping days of the year, and a critical sales day for brick-and-mortar...more

Make Your Insurance Policies List and Check It Twice

As the holidays rapidly approach, it is a perfect time for retailers to review their insurance policies and understand the extent of their coverage. Seasonal hires, new products and revisions in services may expose retailers...more

Retailers: Beware of Pitfalls in Your Card Payment Function

What card payment rules must a retailer operating in the United States follow? MS: When a merchant uses, transmits, stores or outsources the credit card function, it is subject to a number of rules in the U.S.,...more

Predictive Scheduling: A Primer for Retail and Hospitality Employers

A primer for retail and hospitality employers on what they need to know about predictive scheduling, and how they can ensure they do not run afoul of existing law - especially during the upcoming holiday season....more

U.K. Implements Global Supply Chain Disclosure Requirements

On October 29, 2015, Part 6 of the U.K. Modern Slavery Act 2015 (“MSA 2015”) came into force. The MSA 2015 has been described as a “historic milestone” by the U.K. Home Secretary and is representative of the increased focus...more

The War for Talent: It’s On

It’s not exactly news that we have a war for talent in the U.S. Since the recession of 2008, business commentators have followed the U.S. population’s return to work. When unemployment was high and workers had no...more

Modern Slavery Act 2015: New guidance for retailers

The Modern Slavery Act came into force on 31 July 2015. It is the first of its kind in Europe and marks the UK's attempt to combat modern slavery. The Act will require retailers to ensure that slavery and human trafficking...more

In REI’s Case, Less PR is Good PR

In our line of work, one often hears that any PR is good PR. Whether or not that holds true is an entirely different blog post. However, I would argue that it’s possible to do too much PR at one time, which can lead to...more

Previously-Exempt Retailers Now Subject to PSM Standard

To help prevent or minimize unexpected releases of highly hazardous chemicals, OSHA requires employers to implement its process safety management (PSM) standard. Under the PSM standard, employers gather information, analyze...more

CSLB Revamping its Home Improvement Salesperson Registration Process

CSLB Taking Steps to Implement New, Simplified Home Improvement Salespersons Registration Process SACRAMENTO — The Contractors State License Board (CSLB) is moving quickly to implement a new law that will simplify the...more

JCPenney Advertising Class Settlement Calls for $50 Million Payment for a California-Only Class

Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices. Generally, the crux of the allegations is that retailers are...more

Looking Ahead to MAPIC 2015

It’s hard to believe, but it’s that time again: MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) hosts its annual meeting and our retail practice will be there in full force....more

Dealing with Restaurant and Retail Leases in Bankruptcy

The recent Great Recession and the wave of bankruptcy filings that accompanied it presented a number of challenges for landlords and tenants. Yet, as the economy has recovered, we still continue to see restaurant and retail...more

Transgender Issues in the Workplace: Navigating a Changing Legal Landscape

Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. From California’s Senate Bill 703 prohibiting state agencies from entering into certain contracts with contractors...more

Is Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan

According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and—on rare occasions—homicides. Employees, customers, and third-party...more

The November Surprise: OSHA Raises Penalties 82% And No One Notices

Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more

Strong Showing in Arizona: ICSC’s 2015 U.S. Shopping Center Law Conference

Arizona played host to ICSC‘s 2015 U.S. Shopping Center Law Conference, and with great success. The conference took place at the JW Marriott Phoenix Desert Ridge Resort & Spa, which comfortably housed over 1,400 attendees....more

Advertising Holiday Discounts? How Retailers Can Avoid Lawsuits

With the holidays approaching, retailers and their advertising partners are preparing for the busiest time of the year. Sales advertising is a staple of holiday marketing campaigns, which often include “former price”...more

A Special Wage Rate for the Mercantile Industry

We have been asked from time to time by clients whether employees working for a business in the retail sale of goods are required to be paid a minimum of four (4) hours even if required to work less....more

Mobile Location Analytics: Changing the Game for Brick and Mortar Retail

For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...more

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