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HTMLWage-Hour Class Action Must be Reconsidered under U.S. Supreme Court’s Demanding Standards
Mark S. Askanas; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2013, previously published on March 22, 2013
A class action alleging unpaid overtime and other wage and hour violations under the federal Fair Labor Standards Act and California law has been decertified by the U.S. Court of Appeals for the Ninth Circuit in light of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131...

 

HTMLZip Code Requests Off-Limits in Massachusetts Credit Card Transactions
Martin J. Bishop, Martin J. Bishop, Thomas I. Elkind, Thomas I. Elkind, Michael C. Lueder, Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
March 22, 2013, previously published on March 21, 2013
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card transaction violates a Massachusetts statute [G.L.c. 93,...

 

HTMLMassachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During Credit Card Sales
Cynthia J. Larose, A. W. "Chip" Phinney; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 19, 2013, previously published on March 14, 2013
“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at, for example, a store check-out or a self-serve gas station. A...

 

HTMLThe Retail Sales Tax Act Still Has Some Teeth Under HST
Weirfoulds LLP;
Legal Alert/Article
March 15, 2013, previously published on Winter 2012
Effective July 1, 2010, Ontario harmonized its retail sales tax (RST) with the federal goods and services tax (GST) to form a harmonized sales tax (HST). However despite harmonization, some rules in Ontario's Retail Sales Tax Act (RSTA) continue to have application today.

 

HTMLCommon Area Maintenance Clauses and the Debate Over “Caps”, “Exclusions” and “Capital Improvements”: Creative and Practical Ways to Find Common Ground
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
In today's retail real estate climate, many Tenants (often regardless of size or credit-worthiness) seek to limit the year-over-year increases on common area maintenance costs incurred by Landlord and passed through to the Tenant. For instance, a shopping center Tenant may agree to pay its...

 

HTMLPractical Tips for Commercial Lease Assignments
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
When representing a Landlord or a Tenant in a lease assignment transaction, as part of a sale of a business or otherwise, there are many issues to identify and address. First and foremost, a thorough review of lease documents should be performed to identify all consents that are required and any...

 

HTMLCommon Issues in Negotiating Exclusive Use Restrictions in Shopping Center Leases
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
Making a long-term leasing commitment in a shopping center entails a substantial investment in space improvements (or even constructing a new building and related site improvements under an outlot ground lease), fixturing, staffing, and stocking of a store. Therefore, a retail tenant has a...

 

HTMLCreative Financing of a Big Box Tenant’s Income Stream
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
This article briefly describes a creative financing technique that could be utilized under the appropriate circumstances to separately finance rental payments from a big box retail tenant’s lease.

 

HTMLRetailers and Workplace Violence
Fisher Phillips LLP;
Legal Alert/Article
March 11, 2013, previously published on March 1, 2013
Under OSHA’s general-duty clause, all employers have the obligation to maintain a safe workplace regardless of whether OSHA has adopted any particular standard relating to how the tasks at issue are to be performed. In the current administration, OSHA is showing a willingness to stretch the...

 

HTMLCourt Holds Fee for Carryout Bags Not a Tax Under Proposition 26
Best Best Krieger LLP;
Legal Alert/Article
March 7, 2013, previously published on February 25, 2013
The County of Los Angeles adopted an ordinance prohibiting retail stores from providing plastic carryout bags. The ordinance further required stores to charge customers 10 cents for each paper carryout bag provided. The fee for the carryout bags was not approved by the county’s voters. In...

 


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