Retailers

News & Analysis as of

‘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

Real Property, Financial Services & Title Insurance Update: Weeks Ending October 24, 31 & November 7, 2014

REAL PROPERTY UPDATE - - Commercial Landlord Duty: commercial landlord has no common law duty to provide automatic external defibrillator in its stores for use in medical emergency – Verdugo v. Target Corp., No....more

Unregistered Design Rights: The Karen Millen Case

The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No....more

A Five-Point Checklist for the Holiday Shopping Season

The Halloween costume pop-up stores are gone, and they’re starting to be replaced by other seasonal attractions. Before long the snow will by flying, and shoppers will be ready to hit the stores before work, on their lunch...more

New England Employers Beware Holiday Opening Bans

Over the past several years, many retailers have moved up the start times of their “Black Friday” sales so that they start on Thursday—which is Thanksgiving—instead of Friday. Despite some public disapproval, this move...more

Missouri Minimum Wage to Increase to $7.65 Per Hour Effective January 1, 2015

On January 1, 2015, the Missouri minimum wage will increase from $7.50 to $7.65 per hour and from $3.75 to $3.825 per hour for tipped employees. Compensation for tipped employees must total at least $7.65 per hour when tips...more

Commercial Landlord Citing Lease Terms to Prevent Stores from Closing on Thanksgiving Day

It's rare that an ordinary commercial lease term can make national news, at least indirectly. Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more

Summary Judgment Granted in “Known Condition” Premises Case

Federal District Court in Columbia Holds No Duty to Warn of Rainy Conditions - Retailers and hospitality-related entities doing business in South Carolina should be encouraged by a recent premises liability decision...more

Five Holiday Season Tips for Retail Landlords

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

Payment Industry Council Issues Best Practices For Security Awareness

Recently, the Payment Card Industry (PCI) Security Standards Council published guidance to help organizations strengthen their security awareness. The guidance, developed by retailers, banks, and technology providers, details...more

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