Associations

The National Retail Federation and a coalition representing retailers, manufacturers, truckers, transportation intermediaries and other business groups have asked the Federal Maritime Commission to set new policy preventing terminal operators and ocean carriers from charging unfair fees when uncontrollable incidents such as storms and strikes keep cargo from being picked up from ports on time.  

Olshan Properties will pay tribute to the new president-elect and fellow developer Donald Trump at the International Council of Shopping Centers New York Deal Making show, which kicks off at the Javits Center on Monday.   Staffers at the Olshan booth will be sporting blue “Make Retail Great Again” baseball caps as they promote a message, said a release, of elevating retail to bring local communities together by connecting with their hometown shopping centers.  

Retailers finally have their reprieve. Late yesterday afternoon, a federal court in the Eastern District of Texas granted a nationwide injunction blocking the enforcement of the FLSA overtime rule. Employers are no longer required to meet the Dec. 1 deadline.  

A federal judge in Texas issued a preliminary injunction blocking an Obama administration rule that would have allowed more employees to qualify for overtime pay by raising the salary limit to $47,476 from $23,660. The new regulations were set to take effect on Dec. 1.   The Labor Department said it “strongly disagreed” with the decision and was “considering all of our legal options.”        

The National Retail Federation welcomed a judge’s ruling late Tuesday that will prevent the Labor Department’s changes to federal overtime rules from taking effect as scheduled on Dec. 1.   U.S. District Judge Amos Mazzant issued a preliminary injunction in a lawsuit brought by NRF, attorneys general from 21 states and dozens of business groups arguing that the changes are unlawful. The ruling effectively pauses implementation of the rules until the courts reach a final decision on their legality.  

Is Visa violating retailers’ “freedom of choice?”   The National Retail Federation, among other retail associations, believe so, claiming that the card issuer is using new Europay MasterCard Visa (EMV) technology to steer debit card transactions to its own processing network. According to the Federal Reserve, this violates merchants’ legal right to competition over who will process the transactions, according to a statement from NRF.  

Target Corp. has knocked Walmart off its perennial top spot in an annual ranking of the U.S. companies with the most solar energy capacity.      Target now has 147.5 megawatts (MW) of installed solar capacity, according to the Solar Energy Industries Association’s 2016 Solar Means Business report, which ranks companies based on capacity current through the third quarter of this year.     

Michael O’Hanlon, a 35-year real estate industry veteran, has been hired as OliverMcMillan’s new chief operating officer. The company’s properties include The Shops at Buckhead in Atlanta and the River Oaks District in Houston.  

Organized retail crime does not discriminate.      In a unanimous finding, a full 100% of retailers reported that their companies had experienced ORC in the past year, up from 97% in 2015, according to the 12th annual ORC study released by the National Retail Federation. It is the first time in the survey’s history that all responding companies reported being a victim.     

Two senators have introduced legislation to change the Americans with Disabilities Act.      On Sept. 28, Senators Jeff Flake (R-AZ) and Roger Wicker (R-MS) introduced a bill that contains a “notice and cure” provision that would create a temporary halt in ADA litigation for up to 120 days to allow property owners to correct identified barriers to access. (A similar bill was introduced in the House.)