Staples, Inc.

Conventional retailers are working with industry groups to overturn a tax break that benefits e-commerce brands.

In a decision cheered by traditional retailers and many states, the U.S. Supreme Court agreed to revisit a 1992 decision in which it ruled that states could only require remote sellers to collect sales taxes if they had a physical presence in the state.

2018 is an election year which will shape the tone and tenor of every issue conversation throughout the year. Here are some key issues to pay attention to in the new year.

Wages

Overtime: A federal district court judge officially struck down the Obama-era overtime rule which would have raised the overtime threshold to $47,476/yr. The same judge issued a stay of the rule last December. The final decision was based on the argument that job responsibilities, and not just salary levels alone, should have been considered in setting the threshold.   

Wages

USDOL Tip Pooling Rule: The Labor Department will propose rescinding its regulations for tip pooling. The Obama administration issued rules that prohibited employers from redistributing tips to non-tipped employees, such as "back of the house" workers. Business groups oppose the rule and an association-backed lawsuit is still pending in the courts.

In “Democracy in America,” political theorist Alexis de Tocqueville wrote, “there is hardly a political question in the United States which does not sooner or later turn into a judicial one.” Nearly 200 years later, this statement rings true — maybe now, more than ever.   

This week, the Senate Judiciary Committee considered the nomination of Judge Neil Gorsuch to the United States Supreme Court. Since vacancies on the bench are rare and the political stakes so high, few spectacles in Washington D.C. invite this level of drama. He was confirmed by the committee but when his nomination eventually goes to the floor of the Senate for a vote, the real fun will begin. (See “nuclear option.”) Lost in the hype is what his eventual seat on the court will mean to retail operators.  

The party is over for shoppers that enjoyed tax-free online shopping — on Amazon, anyway.   Starting on April 1, Amazon will collect sales tax from all states that have a tax levy. Only the five states that do not have a state sales tax — Alaska, Delaware, Oregon, Montana and New Hampshire — will remain exempt.   

Walgreens Boots Alliance on Friday named two executives to the chief marketing officer and chief merchandising officer positions, promoting Adam Holyk and Joe Hartsig, respectively, to those roles.   Both will assume their new roles as of April 1 and report to Alex Gourlay, co-COO for Walgreens Boots Alliance.  

When it comes to retail operating costs, energy is one of the top three expenses. Lighting is of course a component of this, accounting for 50% of energy costs for non-food retailers. Each square foot of a typical retail store costs roughly $0.71/SF/year – a cost that quickly adds up at the store and chain level.^{1, 2, 3}