Retailers

News & Analysis as of

Actions Speak Louder than Words: Jury Awards $185 Million in Punitive Damages in Pregnancy Discrimination Suit

On November 17, 2014, a San Diego federal jury of five men and three women awarded Plaintiff Rosario Juarez $185 million dollars in punitive damages in her pregnancy discrimination lawsuit against her former employer AutoZone...more

WARNING: Don’t Forget About OSHA’s Crowd Safety Requirements During The Black Friday Frenzy

Every year, Black Friday, the annual day-after Thanksgiving sales event, draws a record number of shoppers. In 2013, the National Retail Federation reported that 137 million shoppers participated in Black Friday....more

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

Are Plastic Shopping Bags Being Sacked?

In earlier blog posts, we reported on the growing trend in U.S. cities to pass bans on single-use plastic shopping bags and impose fees for traditionally free bags provided in store checkouts, including the status of...more

Understanding the EU Consumers Rights Directive

Reports in 2013 about online business transactions across EU national borders revealed some disturbing facts. According to the 2013 Flash Eurobarometer reports (nos. 358 and 359, 2013), retailer and consumer attitudes...more

Status Updates - September 2014 #11

Invisible hits. What could possibly be meant by the following tweet? “CA-40/43-44/49-44/44-50/36-44/49-10/16/14-52–>49/476-10s.” According to a recent CNN report, GOP groups tweeted such seemingly meaningless gibberish in...more

‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers

During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be...more

Approved San Francisco Retail Workers Ordinance Means More Restrictions For Employers

The San Francisco Board of Supervisors has voted unanimously to approve a city ordinance, which will create a number of obstacles for many businesses – including retail stores, restaurants, and banks. The ordinance, referred...more

Berkeley's Measure D: What Distributors, Restaurants and Retailers need to know about the Berkeley "Sugar Tax"

According to its backers, the Berkeley “Sugar Tax” is the future of sugar in America. Berkeley’s Measure “D,” which garnered an overwhelming 75% “yes” vote, imposes a general excise tax of $0.01 per ounce on the distribution...more

‘Tis the (Retail) Season, Part I: OSHA’s Tips for a Safe Black Friday

In advance of the holiday season, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent workplace injuries during major sales events,...more

More Focus on Employer Background Checks

The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act...more

The cannabis industry: how big will it get?

On November 17, the PBS affiliate in Chicago, WTTW, reported the Better Government Association had issued an investigative report on the medical marijuana application process in Illinois. While the “Chicago Tonight” program...more

From Logging on to Logistics: Online Retailing and the Asian Real Estate Market

There is little doubt that the continuing shift towards online retailing will have tremendous implications for the Asian real estate market. Over the coming years, physical retailers will have to change the way they use their...more

ALERT: Danger Zone - Employer Hit with Huge Pregnancy Discrimination Act Verdict

In a stunning employment verdict, a California jury awarded $185 million in punitive damages and $873,000 in compensatory damages to a former AutoZone store manager who claimed the auto-parts retailer mistreated her based on...more

Alabama Department of Revenue Offers New Online Sales Tax Tool for Retailers

After several months’ wait and efforts to deal with pesky tax and geographical issues involving the police jurisdictions that surround most Alabama municipalities, the Alabama Department of Revenue last Friday posted a very...more

Insolvency in the Fashion Retail Sector: Understanding and managing the risks of an insolvent acquisition

Opportunity Arises Out of Adversity - The recent global financial crisis has seen consumers tighten their belts and the retail industry as a whole has faced increasing pressure. Profits warnings have peppered the...more

EEOC Roundup: October 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Brinker for Dummies

On November 13, 2014, the Second District Court of Appeal, Division One, issued a decision in Walgreen Co. Overtime Cases. The opinion explains the meaning of Brinker Restaurant Corp. v. Superior Court as it applies to the...more

Comparing Franchise Relationships and Beer Distribution Relationships

Beer distribution laws differ from traditional franchise laws in many ways, but they do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer into a...more

Consumer Data Protection In Online Retail: On Protecting Privacy in the EU, US and China

Online retail presents unparalleled opportunities for reaching new consumer markets and collecting consumer data. With such opportunities, however, come heightened regulatory scrutiny, compounded by high-profile consumer data...more

How to Keep Your Business on the Nice List: 2014 Tips for Holiday Shopping Crowd Control

Effective crowd management should be a year-round priority for retailers, but Black Friday and the ensuing holiday shopping season elevates the importance of crowd control. It seems like each holiday season the media reports...more

Seventh Circuit: No Fraud in Billing Medicaid More than Private Insurers for Drugs

Last Wednesday the Seventh Circuit affirmed the dismissal of a whistleblower suit brought by a pharmacist against his former employer, the Shopko pharmacy chain, for what he alleged was fraudulent billing of Medicaid by...more

Status Updates - November 2014 #6

That’s a lot of latte. It turns out that Starbucks—not a company in the mobile payments business—was the first company to make in-person payments by mobile phone mainstream. According to recent statements by the coffee...more

Drone on Drones: “Amazon Air” Testing Takes Off in the U.K.

Last year, Amazon raised eyebrows in a now-famous announcement that it was considering launching a same-day delivery service for certain products through the air, using quadcopter drones. At the time, many in the tech and...more

Retail's Best Kept Secret against Non-Employee (Union or Otherwise) Protestors? Property Rights and an Evenly Enforced Policy...

As the holiday season approaches, non-employee protestors, labor organizers or otherwise, often target retailers in an effort to maximize the reach of their message due to the high foot traffic experienced at retail...more

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