On March 1st 2018 an act of January 10th 2018 on limitation of trading on Sundays, holidays and some other days came into force. The act forbids assigning work to the employees or other workers (e.g. working on the basis of a contract of mandate) within the field of trade or other activities related to trade on Sundays and appointed holidays. From January 1st 2019 trading on Sundays is only allowed on the last Sunday of each calendar month
Companies in the retail sector face a number of challenges in today’s ever changing and complex marketplace, such as the online consumer, wage and hours of work regulation, restrictions on the hours and days of operation, and increased concern about privacy and data breach.
We advise our retail clients on the full range of labour and employment issues, from international regulatory compliance to conducting whistle-blower and corporate ethics investigations.
We counsel a range of retail businesses, such as consumer goods, consumer health, electronics, food & beverage, luxury fashion, cosmetics and e-commerce.
Our Retail Sector Group spans borders, offering to be your partner for local and international issues relevant to the sector. As a result of our experiences, we can provide industry best practices and practical solutions to common concerns in the retail sector.
Experiences
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Advised a diversified retail and wholesale/cash and carry group on all international employment law matters impacting more than 244,000 employees in 30+ countries worldwide.
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Decades of providing advice to and litigating all issues on behalf of international retailers operating in Canada.
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Represented and advised Canada’s best known retail clothing brand in its expansion throughout Canada and internationally and in its transition from private to public ownership.
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Represented some of Canada’s and the world’s, largest international retailers in the hardware, electronics, grocery, luxury accessories, shoe, clothing, cosmetics, children’s clothing, and eyewear sectors.
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Advised multinational retailers on implementing corporate ethics, whistle blower and harassment complaint procedures. Modified U.S. based wage and hour, overtime exemptions and paid time off policies to comply with all regulatory compliance issues.
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Advised with multinational retailers to source, interview and negotiate agreements with third party logistics providers to provide both online fulfilment and FTL freight services.
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Partnered with retailers to open retail locations, recruit management and staff and performed several retail restructuring projects both in Canada and internationally.
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Advised an important American multinational retail corporation in Mexico on employment and labour matters, including the drafting and implementation of internal policies with respect to wages, work shifts, among others, as well as advice related to litigation and complex labour negotiations to avoid strikes and stoppages.
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Developed and implemented country-wide collective bargaining strategies in the United States involving multiple distribution centres and unions for a big box retailer.
Articles
Reforming its first instance ruling, Turin Court of Appeal has recognized that Foodora’s “riders” belong to the so-called “etero-orgnaizational” collaboration and shall be treated like employees
The Court of Appeal has found that supermarket chain Morrisons was vicariously liable for the actions of a rogue employee who, driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online.
The Federal Circuit Court of Australia has held that an account manager was entitled to overtime and weekend penalty rates despite being paid an annualised salary that exceeded the corresponding minimum rate of pay prescribed under the relevant Modern Award.
The EAT has found that an employee on a zero hours contract was an agency worker because of the temporary nature of his assignment
Legislative Decree no. 101/2018 will enter into force on September 19, 2018 and is aimed to harmonize and coordinate the national privacy legislation (the so-called “Privacy Code”) to the new provisions of the "GDPR" concerning personal data protection and processing. The general part of the Italian Privacy Code has been almost entirely replaced by the provisions of the EU Regulation, so that rules on processing, information and prior consent of the data subject are repealed and replaced by the European ones
The storage of video material from a lawful open video surveillance, which shows the commission of criminal offences by an employee, is not inappropriate due to the lapse of time. This applies as long as the employee can be prosecuted under labor law
The National Labor Court of Appeals of the City of Buenos Aires, in a recent judgment, decided that the employer may not fairly dismiss an employee based on evidence obtained from the employee’s corporate email, if the use of the corporate email has not been specifically regulated and formally communicated to the employees
