Labor & Employment

Boca Raton, Fla. - Jeffrey Smith, CEO of investment firm Starboard Value LLP, has resigned from Office Depot’s board of directors, effective immediately. The nominating and governance committee will commence a search for a replacement.

Smith, who joined the board in August 2013 to help Office Depot smoothly transition to a new combined company with OfficeMax and find a new CEO, said he is leaving because he is satisfied that Office Depot has reached both goals.

New York -- Fitch Ratings downgraded the credit ratings of Sears Holding Corp. from “CCC” to “CC,” citing the “magnitude” of the retailer’s drop in profitability and lack of visibility to turn operations around as a significant concern.

Fitch also cited the company’s cash burn rate, calling it a “significant concern.”

Philadelphia – Five Below plans to open a new distribution center in Oldmans Township, New Jersey, in 2015. The center will replace an existing 421,000-sq.-ft. facility located in New Castle, Delaware.

Five Below will occupy approximately 700,000 sq. ft. of the facility to start with, and plans to grow to one million sq. ft. over time. The new distribution center, which is expected to be fully operational in the second half of 2015, will support the company's continued growth and expansion on the East Coast.

Atlanta – A Home Depot customer has reportedly filed a lawsuit against The Home Depot Inc. alleging the retailer did not properly protect consumer data from the recent cyber attack that occurred. According to Reuters, Illinois resident Kelsey O’Brien filed the suit Sept. 9 in Chicago federal court.

Duluth, Minn. -- Maurices, a subsidiary of the Ascena Retail Group, announced that Ali Wing has been named chief marketing officer, executive VP of digital commerce. Wing joins Maurices after 10 years as CEO and founder of giggle, a multichannel retailer, wholesaler and licenser of baby products.

Plano, Texas – J.C. Penney Company Inc. is raising capital by selling $350 million worth of senior notes due in 2019. The proceeds will mostly be used by pay off fees and expenses related to previous senior notes offering coming due in 2015, 2016 and 2017.

Washington, D.C. -- Retailers concerned by the lack of a West Coast longshoremen’s contract will continue to bring merchandise into the country at above-average levels this month but volume will drop from the record set in August, according to the monthly Global Port Tracker report released by the National Retail Federation and Hackett Associates.


Five Below has signed a lease for a new distribution center in Oldmans Township, New Jersey. The 1,045,000-sq.-ft. facility, located at 5 Gateway Blvd. in Pedricktown, will replace the company's existing 421,000-sq.-ft. facility located 12 miles away in New Castle, Delaware.