As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.
Mr. Trump recently announced the nomination of Robert Lighthizer to serve as US trade representative, another indication that the new Administration intends to make good on campaign promises to curb imports that are seen as hurting US businesses. A longtime adviser to US steel industry companies, Mr. Lighthizer served from 1983 to 1985 as deputy US trade representative during the Ronald Reagan. Mr. Lighthizer is known as a master strategist for trade sensitive domestic manufacturers, and he joins Commerce Secretary-Designate Wilbur Ross, a longtime steel industry investor, and economist Peter Navarro, a leading China trade critic, to constitute a trade policy team decidedly skeptical of past free trade conventions.
On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers. Although implementation of the federal regulations has been delayed, as noted in this Arent Fox alert, New York State is continuing with its regulation. This means that, regardless of the outcome at the federal level, more New York State employees will become eligible for overtime pay throughout the state.
Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items. This decision will raise red flags for retailers because the customers had learned the truth about the discount’s limitations at the cash register before making their purchases.
Reversing the trial court’s grant of summary judgment on standing grounds, the appellate court ruled that the plaintiffs raised a triable issue of fact as to whether they had suffered an economic injury and whether the unfair business practice or false advertising caused that injury. The appellate court reasoned:
On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous flammability testing requirements applicable to children’s sleepwear.
Arent Fox's Government Relations practice of attorneys, former elected officials, and political insiders have published a forecast for the legislative and regulatory agenda in 2017 that offers insight into how it could impact key industries and sectors.
The California Court of Appeal has held that employers’ itemized wage payment statements do not have to include the monetary value of an employee’s accrued vacation or paid time off (PTO). The decision in Soto v. Motel 6 Operating, L.P. held that, although such amounts are “wages” under California law, an employer does not have to itemize the value of the balance due until the end of employment. To avoid any mistake, however, employers must be mindful that the California paid sick leave law now does require employers to list an employee’s available number of hours of unused PTO or sick leave.
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