Legislative, Regulatory & Legal

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.  

For landlords and tenants alike, co-tenancy provisions are among the most important pieces of the retail-leasing puzzle. The right mix of tenants can create powerful synergies. For a retail tenant, the stakes are high: the right neighbors can mean the difference between success and failure. Consequently, understanding the different types of co-tenancy clauses, becoming familiar with the nuances and negotiations that accompany their inclusion in a standard lease, and appreciating the concerns and considerations that make them so important should be a priority for any retailer.

Walmart has agreement to a settlement in a lawsuit that accused the retailer of discrimination against gay employees who were unable to get healthcare coverage for their same-sex spouses.      Under the terms of the proposed agreement, the discounter will set aside $7.5 million to compensate the employees affected by the denial of spousal benefits from 2011 to 2014.  (Walmart changed its policy to include same-sex spouses on Jan. 1, 2014, shortly after the Supreme Court legalized same-sex marriage.)   

More than half (56%) of retailers plan to comply with the planned Fair Standards Labor Act (FLSA) overtime rule for exempt employees on Dec. 1, the date it was to go into effect, despite a Nov. 22 injunction that puts the plan on hold.   That is among the findings of a spot survey of U.S. retailers by the Hay Group division of Korn Ferry.    

Sheetz is moving forward as planned to implement the changes outlined in the new overtime rule.        

The TJX Companies isn’t letting a federal judge’s decision to block the Obama administration rule expanding overtime pay get in the way of its plans to comply with the rule.   

A lawsuit dating back to 2008 has ended in a federal jury handing down a $55 million verdict against Walmart, and opening up the retailer to penalties.   The jury found that Walmart failed to pay about 850 of its truck drivers in California all of the compensation to which they were entitled, Reuters reported.   

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.