Legislative, Regulatory & Legal

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.    

The Retail Industry Leaders Association (RILA) is merging its sustainability-focused conference with Sustainable Brands.     Beginning in 2017, the two will produce a single conference together than includes a retail-specific program track, in addition to Sustainable Brands’ usual program, which covers sustainability-led brand innovation across multiple consumer-facing industries.  

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.

A couple from Georgia were charged with a complex scheme to defraud Staples of more than $1.4 million worth of product rebates and customer loyalty rewards.   The U.S. Attorney's Office in Massachusetts said John Douglas and an associate created more than 1,100 Staple rewards accounts using fake names, addresses and contact information, Masslive.com reported. His wife is accused of selling much of the fraudulently obtained Staples merchandise on eBay.  

The House of Representatives has passed a bill that would delay by six months the effective start date of the Department of Labor's (DOL's) new overtime regulations.   The new rule will require employers to pay overtime to salaried workers earning less than $47,500 a year, double the current threshold of $23,660.      Five House Democrats joined 241 Republicans to support moving the rule's effective date from Dec. 1 to June 1.   

In response to public 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 (DOL) updated the Fair Labor Standards Act (FLSA) regulations defining which white collar workers must be paid overtime pay.     The DOL estimates that more than 4 million employees nationwide who are not currently paid overtime will now have to be paid overtime, and the majority of those will be employees of retail stores and restaurants. 

In addition to posting its earnings, Pier 1 announced a plan to protect the company from potential takeover bids.    On Tuesday, the home decor chain announced a “Rights Protection Agreement,” which will protect itself from any single shareholder seeking to acquire a 10% stake or more, as summarized in an article in MarketWatch.