Legislative, Regulatory & Legal

New York -- The battle for control over American Apparel Inc. shifted into high gear with the company adopting a one-year stockholder rights plan, or so-called poison pill, aimed at stopping founder and ousted chairman and CEO Dov Charney from seizing control of the chain.

Charney is American Apparel’s largest shareholder, with a 27.2% stake in the company. On Wednesday, he signed a deal with Standard General whereby the New York firm would buy at least 10% of the company’s stock and then loan Charney the funds to acquire the stake.

The Arts and Crafts retailer went to the mat over its religious convictions, and on Monday the U.S. Supreme Court sided with the privately held company in a rebuke of the Patient Protection and Affordable Care Act of 2010.
 
Hobby Lobby co-founder Barbara Green said her family was overjoyed by the Supreme Court’s decision.
 

New York -- The Supreme Court of Canada has ruled that Wal-Mart violated Quebec labor law by closing its store in Jonquiere, Quebec, in 2005.
 
In a 5-2 decision announced on Friday, the court ruled that the 190 employees who were terminated when the store was closed are entitled to compensation, according to CBC Montreal.  
 

Arlington, Va. – With the deadline to resolve the union contract negotiations at West Coast closing in, the Retail Industry Leaders Association (RILA) on Friday said that undertaking essential measures to avoid work stoppage and preserve reliable channels for retail supply chains should be the top priority.

RILA issued the following statement, which it attributed to Kelly Kolb, VP government affairs:

Conshohocken, Pa. -- Ikea is planning to raise the hourly minimum wage for employees in its U.S. stores by an average 17%, beginning January 1, 2015. In a move unprecedented among U.S. retailers, Ikea’s wage hike will vary in that it will be based on the cost of living in each store’s location. According to Ikea, the change will take the average minimum hourly wage in its existing U.S. stores (as of June 2014) to $10.76, a $1.59 or 17% increase, and $3.51 above the current federal minimum wage.

Executive authority suffered a blow this week when the U.S. Supreme Court sided with Pepsi distributor Noel Canning in a dispute over president Barack Obama’s use of an arcane “recess appointments” clause to load the National Labor Relations Board with pro-union choices.

Austin, Texas – Whole Foods Market Inc. is being fined about $800,000 for charging excessive prices in California. Inspections of Whole Foods and Mrs. Gooch’s stores in the state revealed that the retailer was charging for the weight of salad bar containers, selling prepared foods by the item rather than the pound, and labeling items as heavier than their actual weight.

Tewksbury, Mass. – Demoulas Supermarkets Inc. has fired CEO Arthur T. Demoulas. The retailer also fired director of operations Bill Marsden and VP of grocery Joe Rockwell.

Demoulas had been waging a public battle with his cousin Arthur S. Demoulas, a stakeholder and director of the company, about finances. Arthur T. Demoulas has claimed that his cousin seeks to raise prices and lower wages. The cousins have also publicly disagreed about agreements with suppliers and vendors.

New York -- Dov Charney, the ousted chairman and CEO of American Apparel Inc., is fighting back against his dismissal.

Boston – The Massachusetts House of Representatives has approved a bill that would gradually raise the state’s minimum wage from its current hourly rate of $8 to $11 by 2017, which would make it the highest state minimum wage in the country.

The state Senate has already approved the bill, which is expected to be approved by Gov. Deval Patrick (D) after a procedural Senate vote. Under the legislation, the minimum wage would rise to $9 per hour on Jan. 1, 2015; to $10 on Jan. 1, 2016; and finally to $11 on Jan. 1, 2017.