Legislative, Regulatory & Legal

Retailers and other employers of minimum-wage earners can expect to see their labor costs go up in four states.    Voters in the states of Colorado, Maine, Washington, and Arizona all approved measures to raise their state’s minimum wage in Tuesday’s election.   The biggest hike will be in Maine, where the minimum hourly pay will increase from $7.50 to $12 by 2020, and later increasing with inflation.    

Because of the tone and tenor of the presidential campaign, lots of folks might be surprised to learn there are many other significant races going on across the country. These so-called “down-ballot” elections for governors’ offices, U.S. House and Senate seats, state legislatures and other offices may hold the real clues for what the next four years entail for employers, no matter who wins the White House. Believe it or not, there are substantive candidates actually discussing substantive kitchen table issues that impact families and communities.

The hits keep on coming for the embattled American Apparel Inc., which is reportedly on the brink of its second bankruptcy filing in less than two years.   

One of the retail industry’s most environmentally-activist brands is shutting down operations for Election Day.   Patagonia will close its 30 U.S stores and headquarters in Ventura, Calif., on Election Day, Nov. 8, in an effort to encourage customers, employees and citizens to head to the polls. The company, which is giving its employees a paid holiday for the day, will also shutter its distribution and customer service center in Reno, Nevada.  

Lumber Liquidators widened its net loss in the third quarter, though the retailer did move the needle on net sales, which rose 3.4%.   Lumber Liquidators reported a bigger-than-expected net loss of $18.4 million for the quarter, compared to a loss of $8.5 million in the year-ago period, amid higher-than-expected expenses, including legal fees, as the company continues to rebound from last year's investigation into formaldehyde levels in flooring it had previously sold.  

The chip card (EMV) era has arrived with the promise that data in retail environments will be better protected. Cardholders will have much greater security at the point of sale with their own card data. But, while it will be much more difficult for thieves to steal card data at the point of swipe, the hackers are still hacking and data is still being lost – almost daily.  

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.