Retail

Managing retail employees grows more complex every year, and Payne & Fears LLP is dedicated to providing comprehensive legal solutions to support retail businesses at every level, including home goods and specialty stores, grocery stores, department stores, pharmacies, clothing stores, and Fortune 500 corporations.

By leveraging our wealth of experience and knowledge in retail industry employment issues, we are able to handle complex workplace issues, multi-state litigation, and successfully defend the full range of employment-related cases, from single-plaintiff claims to complex class actions filed on behalf of thousands of employees.

Our team routinely represents retail companies on the following legal issues:

  • Discrimination claims (all protected categories)
  • Sexual and other harassment
  • Wrongful termination claims
  • Wage-and-hour violations (including claims of unpaid overtime, meal and rest break violations, misclassification, unlawful deductions, off-the-clock, and all Fair Labor Standards Act (FLSA) and California Labor Code claims)
  • Whistleblower claims
  • Qui tam and Sarbanes-Oxley claims
  • Breach of contract / covenant claims
  • Unfair competition claims
  • Defamation and other employment-related tort claims
  • Class action lawsuits
  • Employee benefit plans (including claims of long-term disability, pension, 401(k), medical and life benefits)
  • Claims brought in federal court under the Employee Retirement Income Security Act (ERISA)
  • Single plaintiff and class action Americans with Disabilities Act (ADA) and related accessibility claims for retail clients
  • Investigations and compliance review related to accessibility standards and other regulations

Despite the fact that many of our cases are resolved by dispositive motions, early resolution, or mediation, we are skilled trial attorneys equipped to take employment cases of every size and type to trial or arbitration.

We also recognize ongoing prevention training is essential. We offer practical training, tailored to the retail employee base, to help managers identify and navigate potential landmines. Our courses cover a wide variety of topics and platforms:

  • Wage-and-hour compliance for retail employers
  • Defending FLSA/state claim hybrid actions
  • Final pay, minimum wage, vacation pay and travel pay
  • Suitable seating requirements under the California Labor Code
  • California employment law essentials for retail employers headquartered outside of California
  • Sexual harassment prevention training

We understand the challenges retail employers face in today’s market and we have the experience to meet those needs from every perspective.

Representative Retail Clients:

  • Albertsons
  • Safeway
  • Vons
  • Kohl's
  • Serena & Lily
  • Wal-Mart Stores

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Successes

2020

Payne and Fears Achieves Summary Judgment in Disability Discrimination Case

Payne & Fears (P&F) achieved another significant victory this week on behalf of a national retail company by obtaining summary judgment against a former employee’s disability discrimination and wrongful termination claims.

The former employee’s lawsuit advanced claims of disability discrimination, retaliation, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, and wrongful termination, all stemming from allegations that the employee was terminated the day after allegedly...

Alejandro G. Ruiz, Andrew K. Haeffele, Megan A. Mackie
2015

Wage-and-Hour Class Action Against National Retail Chain Resolved Efficiently

Payne & Fears LLP represented a national retail chain in a “second wave” class action lawsuit where the plaintiff alleged misclassification of the stores’ California‐based assistant store managers and purported wage-and-hour violations. Our attorneys were able to negotiate a very favorable settlement prior to the hearing on class certification, engaging in aggressive fact discovery (obtaining declarations from employees regarding allegations concerning the elements of the exemption analysis) and convincing plaintiff to attend an early...

Leila S. Narvid
2013

Obtained Summary Judgment Win for Employer in Wrongful Termination/Disability Discrimination Case

Payne & Fears LLP won a wrongful termination case by obtaining summary judgment for its client, a nationwide retail department store, in Los Angeles County Superior Court.  The plaintiff, a former manager, alleged that his employer violated the Fair Employment and Housing Act and the California Family Rights Act by terminating his employment days after he returned to work from a medical leave.  In its motion for summary judgment, Payne & Fears argued that there was no causal nexus between plaintiff’s termination and his...

Leila S. Narvid
2013

Obtained Summary Judgment Victory for Retail Client

Payne & Fears LLP obtained an order granting summary judgment in favor of its client, a nationwide retail department store, in a public accommodations lawsuit alleging claims under the Americans with Disabilities Act, the California Disabled Persons Act, and the Unruh Civil Rights Act. Under California law, prevailing plaintiffs in public accommodations cases can obtain injunctive relief and attorneys’ fees, as well as actual, punitive and statutory damages. This has given rise to a cottage industry of “professional plaintiffs” with sue...

Leila S. Narvid
2010

Defeated Statewide Class Action Alleging Unpaid Wages

Payne & Fears LLP helped lead counsel in Virginia obtain summary judgment in May, 2010 in favor of a major retail franchisor over a statewide class action lawsuit affecting thousands of employees. The named plaintiff, an employee of one of defendant's franchises, brought suit in the Imperial County Superior Court, alleging claims for breach of contract and unfair business practices. She alleged that she was a third party beneficiary to the franchise agreement and that she had been deprived of wages due to the payroll services defendant...