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Retail

Retail employers face complex challenges with respect to hiring and retaining talent in an environment marked by high turnover.

Overview

Jackson Lewis offers an interdisciplinary approach to meet all the workplace law needs of its retail industry clients. In addition to representing retail employers ranging from local and regional companies to multinational retailers with operations throughout the U.S., we provide legal counsel to industry-related organizations. This experience—in conjunction with the insight provided by Jackson Lewis attorneys who formerly served as in-house counsel at major U.S. retail companies—has allowed us to develop a deep understanding of the industry.

We are experienced in assisting retailers ensure compliance with wage and hour laws, monitor safety issues, and manage family and medical leave. We are also well aware of the risks our retail clients face in the context of union organizing and are sensitive to the challenge of melding management styles and cultures from various stores and distribution centers throughout the country.  Some of the specific services we provide include:
 
  • Defending systemic discrimination class actions and advising on class action litigation prevention through preventive audits to ensure consistent implementation of company pay and promotion policies; 
  • Defending class and collective actions alleging misclassification of workers' exempt status, overtime pay violations, off-the-clock work, inaccurate time and payroll records, time clock rounding practices, and other wage and hour issues;
  • Reviewing wage and hour policies and practices for compliance with state and federal laws;
  • Reviewing employment handbook policies and designing training for management personnel;
  • Providing collective bargaining representation and advice; 
  • Implementing integrated disability management systems and advising on corporate wellness programs;
  • Advising on compliance with privacy and data security mandates across the country, including HIPAA privacy and security regulations, as well as best practices when implementing a written information security program;
  • Advising on workplace safety issues inherent in employee operation of dangerous machinery at distribution centers and the presence of non-employee customers at store locations during working hours;
  • Advising on executive and individual employment agreements, employee raiding claims, unfair competition claims and other employment-related business torts; and
  • Advising on legislative and regulatory developments as they relate to retail companies.

The Team

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March 27, 2017

New Jersey Bill Will Make Whistleblower Settlement Agreements with Public Entities Public Records

March 27, 2017

Proposed legislation that would make whistleblower settlement agreements involving public entities available to the public has been approved unanimously by the New Jersey Assembly on March 23, 2017. The New Jersey Assembly Bill (A-4243) would bar public entities and public employees from entering into confidential settlements of... Read More

March 27, 2017

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

March 27, 2017

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine when a basis for employer liability exists if harassment is proven, and offer suggestions for preventive practices... Read More

March 22, 2017

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

March 22, 2017

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators Marco Rubio and Ted Cruz, both of whom have known Acosta for years. Rubio described Acosta as... Read More

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