Legislative, Regulatory & Legal

Walmart recently announced that it provided pay increases for its managers who are currently making approximately $45,000 per year. By raising their salaries to $48,500 and keeping their duties intact, Walmart will not need to worry about the new federal overtime rules that go into effect on Dec. 1. As we all know, Walmart sets the pace for change (e.g., selling unboxed deodorant and antiperspirant, selling groceries and general merchandise in the same store, etc.) but will retailers follow suit here by simply increasing wages? Likely not.  

Target’s voluntary recall is helping keep Halloween safe for young children.   The mass merchandiser recalled 127,000 Halloween-themed LED gel window “clings” because of the choking hazard they pose to children. The decals, an easy and affordable way to decorate windows and glass doors, light up when a dedicated button is pressed.  

Alibaba’s co-founder has a solution to ward off harmful cyber-attacks across China.   The online platform’s co-founder Jack Ma proposed that the nation’s top security bureau use big data to prevent crime — an announcement that endorses China’s budding efforts to build an unparalleled online surveillance system, according to Bloomberg.  

Walgreens, Rite Aid extend date of merger agreement to allow for store divestures   Walgreens Boots Alliance and Rite Aid announced that they have mutually agreed to extend the end date of their merger agreement from Oct. 27, 2016 to Jan. 27, 2017.   The companies now expect the transaction will close in early calendar 2017.  

The past decade has witnessed a monumental shift in regulatory oversight of retailers’ environmental compliance programs. As a result, retailers have faced a crash course in the myriad hazardous waste control laws, once widely believed to not be relevant in the retail context.   Historically, most enforcement has been at the state and local level. But in just the past month, we’ve seen a flurry of retail-related activity from the U.S. Environmental Protection Agency, including the following:  

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.     

More than 200 million Americans will shop online this year. Statistically, nearly 10 million of those shoppers will be visually impaired, more than 10 million will have a hearing impairment and more than four million of those will have severe limitations to their dexterity. For these shoppers, many goods and services offered online might be out of their reach.   

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.)  

Walmart is upping some managers’ salaries in anticipation of the Department of Labor’s new overtime rule, scheduled to take effect Dec. 1, 2016.     The retailer, the nation’s private employer, raised salaries for entry-level managers from $45,000 to $48,500 annually, Reuters reported, with the increase going into effect in September. Under the new rule, employers are required to pay overtime to salaried workers earning less than $47,500 a year. The current threshold is $23,660 a year.    

Updated regulations take effect Dec. 1 — are you ready?

In response to concern that wages at the low end of the pay scale were slow to rise, particularly for store managers and assistant store managers, the United States Department of Labor updated the Fair Labor Standards Act regulations defining which white collar workers must be paid overtime pay.