Helping clients navigate complex NLRB rules to respond to marked increase in retailer-centric union organizing efforts, petitions and elections, and unfair labor practice charges; assessing conditions and crafting communications around core retail workplace issues of job security, predictable scheduling, workplace safety and benefits; providing collective bargaining support, grievance and arbitration representation, and strategic advice.

Labor Relations

Helping retailers navigate wage and hour issues such as overtime pay, misclassification of employees, and compliance with all state and local minimum wage laws, including more unique ones around pay frequency statutes and related qualifying “manual worker” definitions. We review related policies and defend against 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 nationwide.

Employment Litigation
Trials and Appeals
Wage and Hour

Advising on policies and programs to comply with federal and state regulations for keeping employees safe from potential hazards inherent in serving the public, particularly in high-traffic stores; working with or near loading, moving and packing equipment; and responding to public emergency declarations. We counsel on all OSHA enforcement and state equivalents, pandemic-era safety expectations, and development of workplace violence prevention policies, including mandated training, reporting systems, provisions for victims and presence of security alarms, panic buttons, and other related emergency devices.

Workplace Safety and Health

Advising on the entire range of Title III ADA mandates impacting brick-and-mortar and virtual sites: Complying with the ADA’s physical accessibility requirements for existing sites and planned new construction and/or renovations; ensuring online platforms are accessible to the sight and hearing disabled and other users; developing policies and training programs for reasonable accommodations of customers with disabilities and service animals; implementing integrated disability management systems; addressing disability-related complaints from customers and advocacy groups; and defending against single plaintiff and class action disability access lawsuits and noncompliance claims brought by individuals with disabilities, advocacy groups and the DOJ.

ADA Title III 

Reviewing and developing enterprise-wide strategies for entire range of workplace and customer data technology use and related privacy issues: Integrating AI in hiring practices and employment decisions, counseling on predictive analytics and other data-driven solutions that comply with applicable workplace laws; safeguarding employee and customer data and maintaining privacy compliance with mandates across the country, from policy inceptions through data breach response.

Artificial Intelligence & Automation
Privacy, Data and Cybersecurity

Developing and defending policies and agreements for workers from the stockroom to the C-suite, including managing the potentially disproportionate downsizing impact of tariffs on the retail industry; advising on and litigating disputes regarding executive and individual employment agreements, employee raiding claims, unfair competition claims and other employment-related business torts; counseling employers on expeditious international transfers and travel strategies for specialized employees.

Restrictive Covenants, Trade Secrets and Unfair Competition
Reductions-in-Force/WARN Act 

Helping retailers successfully maintain safe and respectful work environments in relation to a wide range of employee allegations. We design and execute investigation strategies to help ensure compliance and mitigate risk, and represent clients before federal and state courts and government agencies in class and collective actions, as well as single-plaintiff cases, including whistleblower and FCA claims; defending against wrongful termination, discrimination, harassment and retaliation, and wage and hour claims; defending privacy claims arising out of employer use of surveillance technologies; handling matters before the NLRB; and all other employment-related business torts.

Employment Litigation
Trials and Appeals

Providing advice and legal-tech tools for the efficient and effective compliance with the patchwork of federal, state and local leave laws (like FMLA, paid sick leave, and new family leave programs), the added accommodations layer of the Pregnant Workers Fairness Act, religious accommodations and more; development and implementation of gender-affirming care and other employee benefits; and employee classification and independent contractor determinations for benefits provision or protections.

Accommodations
Employee Benefits
National Compliance and Multi-State Solutions