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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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January 4, 2017

Retail Employer Workplace News - Winter 2017

January 4, 2017

Class Action Trends Report on Defending Class Discrimination Claims Experienced plaintiffs’ counsel have turned to class claims alleging systemic gender, race, or other forms of discrimination as a mechanism for bringing large-scale, large-dollar lawsuits against all sectors of the business community. Read more… Labor... Read More

December 13, 2016

New York City Council Seeks Major Workplace Reforms for Fast Food, Retail Workers

December 13, 2016

The New York City Council has introduced six bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislation, introduced on December 6, 2016, follows Mayor Bill de Blasio’s September announcement that his administration plans to... Read More

October 28, 2016

Employees Unlawfully Disciplined for In-Store Protest, Labor Board Decides

October 28, 2016

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations Board has determined. Wal-Mart Stores, Inc., 364 NLRB No. 118 (Aug. 27, 2016). The Board termed the protest a... Read More

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