Even in the midst of the COVID-19 pandemic, employees still have the right to take their annual holidays. However, the corona crisis makes the execution of this right more difficult than in previous years. This article looks at the issue regarding the location of the holiday destination, if the employee intends to go on vacation […]
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
-
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.
-
Decades of providing advice to and litigating all issues on behalf of international retailers operating in Canada.
-
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.
-
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.
-
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.
-
Advised with multinational retailers to source, interview and negotiate agreements with third party logistics providers to provide both online fulfilment and FTL freight services.
-
Partnered with retailers to open retail locations, recruit management and staff and performed several retail restructuring projects both in Canada and internationally.
-
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.
-
Developed and implemented country-wide collective bargaining strategies in the United States involving multiple distribution centres and unions for a big box retailer.
Retail Sector Group Newsletter
Articles
NOW 2.0 entered into force on June 26, 2020. Applications can be made in the period from July 6, 2020 to August 31, 2020. In this news item, we discuss the main elements in outline. Sales decline An employer with a turnover loss of at least 20% can request a compensation for wage costs for […]
The current scenario has changed and retail companies are experiencing constant changes thanks to phenomena such as process automation, the impact of digitization and constant changes of employees. The role of technology and the values of new generations have transformed customer habits. E-commerce has grown in recent years and simultaneously investment in digital marketing and […]
Opening a retail location in a new jurisdiction requires a great deal of planning. Retail human resources professionals must consider the relevant workplace legislation, local best practices and workplace norms. Below we discuss five important issues that retailers commencing operations in Canada need to know. Workplace laws vary between provinces Each province and territory in […]
Paris, March 16, 2020 – The Coronavirus and the disease it causes, COVID-19, have important legal implications for employers and their workers. The health and political situation in France is quickly evolving, on a daily basis. Below you will find guidelines on the situation as well as answers to some of the more common questions […]
The outbreak of the novel coronavirus (officially abbreviated as “COVID-19”) took place in China in January 2020. Since then, due to the grim situation of epidemic prevention, the Chinese government has taken a series of measures to curb the virus spread, including city closedown, road closure and centralized or home-based quarantine. The epidemic prevention measures […]
As of March 10, 2020, the World Health Organization reports 113,702 confirmed cases of COVID-19 across the globe and 4,012 deaths, the majority of both which arise out of China. These numbers outside of China are greatly increasing, however, as the WHO reports outside of China there are 32,778 confirmed cases and 872 deaths impacting […]
The outbreak of coronavirus disease, officially named COVID-19, was first detected in Wuhan (China) on December 31, 2019. As the outbreak continues to spread outside China, on January 30, 2020, it has been declared as a global emergency concern by the World Health Organization. The Covid-19 has already affected Europe and is creating challenging situations […]
While coronavirus is gaining more and more ground, employers in Poland try to figure out what means should be undertaken so their employees stay safe and their companies work as regular. It’s especially important for the employers in retail as their employees usually have direct contact with hundreds of customers. The employers have become particularly […]
The French Defender of Rights is regularly seized of complaints about the requirements of employers regarding physical appearance, at the time of hiring or during their career, and which may relate to the way of dressing, hairstyles, facial hair, the requirements of size and thinness and body modification through tattoos and piercings. Such questions have […]
‘Tis the season for shoppers to descend upon retailers in search of that perfect gift for loved ones. However, not all shoppers are having a perfect shopping experience. As Dr. Cassi Pittman, an assistant professor of sociology at Case Western Reserve University has noted, while money is portrayed as a great equalizer, her recent research […]
It’s that time of the year again! Retail employers are hiring and onboarding seasonal employees in preparation for the upcoming demanding holiday season. Although most seasonal employees are hired for a short term, which often commences in November/December and ends in January, these workers are still “true” employees with legal rights and protections under employment […]
In Poland, 2018 started off with a revolution for retail employees. On 10th January 2018 the Act on Restraint of Retail Trade on Sundays, Holidays and other days entered into force. The Act was initiated by the biggest Polish trade union – NSZZ Solidarnosc and their intention was to improve the life and working conditions […]
As from 1 January 2020, Dutch employment law will be amended on a few points as a result of the Dutch Balanced Labour Market Act (Wet arbeidsmarkt in balans) entering into effect. This includes amendments in respect of on-call workers. An on-call agreement exists when: the working hours are not determined as one fixed number […]
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
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
