Overview
The retail industry is uniquely informed by its interaction with customers. Much of the legal and regulatory framework governing the industry is aimed at protecting those customers, as well as the employees who engage them.
As retailing moves inexorably into e-commerce (often while maintaining its "brick and mortar" facilities)—and e-commerce retailers expand to physical stores—customer expectations increase, and the attendant legal needs grow more complex.
At Epstein Becker Green, we represent retailers of all types and sizes—big-box stores, grocery chains, pharmacy chains, restaurants, luxury stores, and much more—both on- and offline. We advise them on their myriad issues of labor, employment, and workforce management. We also bring a special focus to health care retail, a rapidly expanding field with its own particular compliance challenges.
Employment, Labor, and Workforce Management Services
In a field characterized by high employee turnover, attendance issues, and a wide range of staffing problems, our attorneys handle all aspects of the employment relationship as applied to retailers. This includes defending clients in litigation, particularly in wage and hour disputes; claims of wrongful discharge, retaliation, harassment, and discrimination; and Americans with Disabilities Act (discrimination and accommodation) disputes.
Our lawyers advise retail clients on constantly changing regulatory and compliance issues, which vary widely by state and by locality. We help clients draft their employment agreements and employment policies, train their workforces in proper procedures, and provide day-to-day advice on employment matters. Retail clients also seek our guidance on employee benefits and executive compensation, immigration, and worksite enforcement matters and on the protection of their trade secrets and other proprietary information. We are also highly experienced in more traditional labor issues—collective bargaining, grievance arbitration, unfair labor practices, etc.—and we help retailers avoid or counter unionization efforts. Finally, our attorneys are squarely at the intersection of technology and the workplace, and they counsel our retail clients on potential legal risks to implementing technologies that leverage artificial intelligence, biometrics, and other similar workplace innovations.
Health Care Retail Services
As the health care industry continues to grow exponentially, it has given rise to a substantial retail component. We represent clients across the entire spectrum of health care retail, including pharmacies, clinics, and every type of ambulatory care facility. We help them address the myriad compliance obligations they face, including those pertaining to distribution, marketing, prescription drugs, reimbursement issues, and data privacy and security. We facilitate their transactions, including hospital-physician joint ventures, contract pharmacy arrangements, and in-store clinics.
We also represent health care retailers in disputes. Our skilled litigators regularly defend them in administrative charges—federal, state, and local—as well as in mediations, arbitrations, and commercial litigation matters. We also handle bankruptcies and out-of-court restructurings.
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Focus Areas
Services
- ADA and Public Accommodations
- Affirmative Action/OFCCP Compliance
- Appellate
- Business Torts, Competition & Trade Secrets
- Class Actions
- Commercial and Contract Litigation
- Construction Law
- Corporate & Transactional
- Corporate Financing
- Corporate Governance
- Corporate Reorganization
- Cross-Border Data Transfers
- Cross-Border Transactions
- Cybersecurity Risk Assessment
- Data Asset Management
- Data Breach and Incident Response
- Data Breach/Cybersecurity Investigations & Litigation
- Data Protection
- Diversity, Equity & Inclusion Counseling
- Employee Benefits and ERISA
- Employment Compliance Counseling
- Employment Litigation
- Employment Training
- Employment, Labor & Workforce Management
- ERISA – Retirement and Benefit Plan Litigation
- Executive Compensation
- Financial Restructuring and Bankruptcy
- Foreign Multinational Counseling and Litigation
- Immigration
- Insider Threats
- Intellectual Property
- Intellectual Property Litigation
- Labor and Employment Due Diligence
- Labor Management Relations
- Litigation & Business Disputes
- Mergers, Acquisitions & Divestitures
- Occupational Safety and Health (OSHA)
- Pandemic Workforce Issues
- Pay Equity
- Privacy Compliance Strategies
- Privacy, Cybersecurity & Data Asset Management
- Ransomware
- Real Estate
- Remote and Hybrid Work
- Social Media and the Workplace
- State Privacy Law Compliance
- Tax and Tax-Exempt Counseling
- Trade Secrets & Employee Mobility
- Wage and Hour
- Whistleblowing and Compliance
- Workforce Government Relations
- Workforce Restructuring and Other Cost-Saving Mechanisms
- Workplace Investigations
Trending Issues
Experience
- Defeated a class action lawsuit alleging that a global retailers’ failure to provide Braille gift cards violated federal, state, and local accessibility laws. Our attorneys got the cases completely dismissed, and established not only that the claims had no basis in the law/regulations but that the clients also sufficiently provided access in other ways.
- Defended a large independent shoe retailer against attempts to certify a nationwide Fair Labor Standards Act collective action involving the exempt status of store managers. We challenged the plaintiff’s contention of common practices by proving the plaintiff had limited knowledge of payment practices at other store locations.
- Mitigated potential total exposure in a novel wage and hour class action that affected thousands of a national retailer’s workforce located in New York State. Upon investigating and confirming that the client had inadvertently violated the statute at issue and faced approximately $25 million in exposure, we strategically focused on mitigation by pursing mediation. Through creative arguments, we successfully resolved the matter for less than $2 million.
- Represented a luxury retailer in successfully managing its nationwide restructuring as a result of the COVID-19 pandemic. We helped the client implement layoffs and furloughs by providing strategic advice to successfully avoid litigation and comply with an ever-changing legal landscape. We also provided advice on how to restructure the organization effectively to be able to compete in the current and post-pandemic environment.
- Negotiated the terms of, and drafted contracts to implement, numerous 340B contract pharmacy arrangements among retail pharmacy chains, hospitals, and 340B technology services vendors.
Our Team
Media
Events
Past Events
- November 29, 2023
- March 23, 2023
- March 9, 2023
- March 8, 2023
- December 19, 2022
Insights
Insights
- Media CoverageAdam Forman Joins NRF Summit to Discuss Risks of AI Misuse in Retail Industry2 minute read
- BlogsPay Transparency Comes to Washington, DC7 minute read
- Firm AnnouncementsEpstein Becker Green Named Among “Leading Edge Law Firms” by BTI Consulting Group2 minute read
- Firm AnnouncementsEpstein Becker Green Continues West Coast Expansion by Adding Employment Attorney Haley Morrison in Portland3 minute read
- BlogsD.C. Expands Coverage of Minimum Wage Law2 minute read
- Blogs
Privacy Officer's Roadmap: Data Breach and Ransomware Defense – Speaking of Litigation Video Podcast
42 minute read - Firm AnnouncementsEpstein Becker Green’s Complimentary Wage & Hour App Provides Employers with Updates on Key Laws for 20243 minute read
- BlogsNJ Approves Cannabis Regulatory Amendment with Major Impacts on Class 5 Retail License Holders6 minute read
- Media CoveragePaul DeCamp Quoted in “Ambiguity Is Key to Triggering Agency Deference”3 minute read
- PublicationsNYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies ...11 minute read
- BlogsGetting a Grip on Griping6 minute read
- Media CoverageJeff Ruzal Quoted in “1 Way to Wrap Up Wage-Hour Suits Without Court Review”3 minute read
- Media CoveragePaul DeCamp Quoted in “DOL Tip Rule Nonsensical, Restaurant Groups Tell 5th Circ.”3 minute read
- Media CoverageWes Scott Featured in “People on the Move”1 minute read
- Media CoverageWes Scott Featured in “Legal Notes: New Partners”2 minute read
- BlogsState and Local Minimum Wage Increases on January 1, 202418 minute read
- PublicationsReminder for New Jersey Employers: Review Employment Law Updates and Poster Requirements for 202419 minute read
- PublicationsNew York State Follows New York City in Enacting Freelance Worker Protections9 minute read
- Firm AnnouncementsEpstein Becker Green Expands Capabilities in Nashville with M&A Attorney Wes Scott3 minute read
- Media CoverageWes Scott Featured in “Epstein Becker Adds M&A Specialist to Health Care Practice in Nashville”4 minute read
- PublicationsCorporate Transparency Act Brings Expansive New Federal Reporting Requirements for Entities in 202419 minute read
- PublicationsNew Year, New Changes for California Employers in 202422 minute read
- PublicationsMaking Sense of New Paid Leave Obligations in Illinois – Coming SOON26 minute read
- Media CoverageJeff Ruzal Quoted in “Wage Division Reports Banner Year for Fines, Record Low Actions”4 minute read
- PublicationsNew York Further Restricts Agreements Involving Claims of Discrimination, Harassment, or Retaliation8 minute read
- BlogsICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts” ...8 minute read
- Media CoveragePaul DeCamp Quoted in “Judges Order Arrests in Rare Labor Agency ‘Punch’ Over Defiance”2 minute read
- Media Coverage
Featured in Los Angeles Sentinel: Attorney Kimberly Carter Joins Epstein Becker Green Law Firm
1 minute read - Media Coverage
Featured in Law360: Employment Attorney Kim Carter Joins Epstein Becker Green
2 minute read - Media CoverageKim Carter Featured in “Wake Up Call: Laterals, Moves, In-House”1 minute read
- Firm AnnouncementsEpstein Becker Green Bolsters West Coast Presence with Employment Attorney Kimberly Carter3 minute read
- Media CoverageKim Carter Featured in “Epstein Becker Green Adds Employment Attorney as Member in LA”1 minute read
- Firm AnnouncementsEpstein Becker Green’s Digital Marketing Strategies Earn Several “Top Performer” Rankings in the 2023 Social Law ...3 minute read
- BlogsNew York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination3 minute read
- Firm AnnouncementsEpstein Becker Green Awards 2023 Annual Core Values Champions4 minute read
- Media Coverage
As Featured in Law360: Epstein Becker Promotions Inch Up with 12 Members Named
2 minute read - Firm AnnouncementsEpstein Becker Green Announces 2024 Promotions6 minute read
- Firm Announcements
Epstein Becker Green’s Pete Steinmeyer Honored in Crain’s 2023 Notable Leaders in Employment & Labor Law
1 minute read - PublicationsDealing with Controversial Commentary? Some Guidance and Guardrails for Employers19 minute read
- Media CoverageEpstein Becker Green Featured in “Share of Women Among Partner Promos Continues Growing”3 minute read
- Firm Announcements
Epstein Becker Green Recognized Among 2024 “Best Law Firms” by U.S. News – Best Lawyers®
6 minute read - Media CoveragePaul DeCamp Quoted in “11 States Support Bid In 5th Circ. to Nix DOL Tip Rule”4 minute read
- BlogsAnswering a Major Question No One Asked: NLRB Issues Final Rule on Joint-Employer Status5 minute read
- BlogsMassachusetts Employers: Don’t be Scared! Key Updates Coming to the Massachusetts Paid Family and Medical Leave Law ...4 minute read
- Media Coverage
Featured in The Legal Intelligencer: Epstein Becker Green Snags Employment Benefits Team to Launch Pittsburgh Office ...
2 minute read - Media CoverageKathryn English, Sandra Mihok, Heather Stone Fletcher, William Carter, Samuel Nolan Featured in “5-Person Benefits ...3 minute read
- Media CoverageEpstein Becker Green Expands Pittsburgh Footprint Following Addition of 5 Former Attorneys from Eckert Seamans1 minute read
- Firm AnnouncementsEpstein Becker Green Expands Employee Benefits Practice with Five-Attorney Group in Pittsburgh3 minute read
- PublicationsCalifornia Makes Its Strict Noncompete Law Even Stricter5 minute read
- PublicationsCalifornia Employers: Increased Paid Sick Leave Effective January 1, 20246 minute read