Retail & Hospitality

Employers in the retail and hospitality industry face legal challenges both old and new. From wage and family medical leave laws to data breach and equal pay audits, our team of retail and hospitality attorneys has the experience and expertise to help you navigate those laws.     

What Sets Us Apart

Constangy, Brooks, Smith & Prophete has the diversity to service the diverse workforces of the retail and hospitality industries—from retail clothing stores to e-commerce sites and large national retailers. While we are proud to have the first African American named partner in the NLJ350, our commitment to diversity does not stop there. About 64 percent of Constangy’s executive committee, as well as overall leadership (including office heads and practice leads), are women or minorities. Vault has ranked Constangy as the #1 law firm for minority attorneys, and the #1 firm for women attorneys. Our legal team understands your service employees.

Constangy also has the geographic diversity to service large national retail and hospitality clients, with offices spread across the country. Although our firm has a large footprint, the size of each office is deliberately kept small enough to foster a real sense of camaraderie, but large enough to meet the needs of the marketplace. We recognize the importance of the human element in the attorney-client relationship, so we make sure that each client has an attorney they can reach at any time to address any FLSA, OSHA, or Title VII issue that may arise. For our national clients, we develop dedicated teams consisting of partners, associates, and paralegals in each office so our clients receive a consistent level of service across the country.

We have worked with retail clients for decades and understand not only the legal issues they face but also their evolving business needs. Whether it is litigating a class action case or understanding the business impact of a new state employee privacy law, an attorney at Constangy is just a phone call away.

What We Do

Assisting a retailer involves more than analyzing a case or writing a brief. Attorneys at Constangy work with you to achieve your strategic, financial, and operational goals, as well as to resolve the underlying legal issues.

Here are some current legal issues facing employers in the retail industry and ways we can help:

• Wage and Hour Compliance. In 2024, the U.S. Department of Labor is actively working to increase the minimum salary level necessary for employees to qualify as exempt from the FLSA’s overtime requirements. Additionally, many states are continuing to raise their minimum wage requirements and enact other employee-friendly wage and hour laws. Constangy can help Stand Out For Good stay compliant with these evolving wage and hour laws, navigate the complexities of multi-state retail operations, and represent the company in any potential legal challenges.
• ADA Accessibility Lawsuits. There has been a significant rise in lawsuits under Title III of the ADA, which covers the accessibility of both physical spaces and digital properties, including e-commerce websites. Constangy can assist you in defending against lawsuits and provide clear guidance on complying with complicated Title III ADA regulations.
• OSHA Reporting Requirements. New OSHA regulations require certain employers to electronically report injury and illness data. Constangy can help ensure that Stand Out For Good complies with these reporting requirements and avoid potential penalties.
• Predictive Scheduling Laws. Cities like San Francisco, Seattle, and New York City have implemented predictive scheduling laws that limit employers' scheduling practices. As more cities and states are expected to pass similar laws, Constangy can help develop compliant scheduling policies and procedures.
• Title VII and Workplace Discrimination. The recent implementation of the Pregnant Workers Fairness Act regulations brings a host of new and old considerations. Constangy can help you prevent discrimination cases through comprehensive workplace training for supervisors and HR personnel.
• Employee Data Privacy and Cybersecurity. The fashion retail industry faces a complex landscape of federal and state data privacy and breach notification laws. Alongside HIPAA, many states require employers to notify employees when their personal information is compromised and have laws restricting the disclosure of social security numbers. Constangy can assist you in understanding and complying with these data privacy laws and help develop robust cybersecurity measures to protect employee and customer data.

Representative Matters

• Obtained summary judgment in favor of national plumbing wholesaler, in a suit alleging race discrimination and retaliation in violation of Title VII of the Civil Rights

• Obtained summary judgment in favor of the national retail chain in a suit alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act.

• Obtained dismissal of an ADA accessibility claim for the national restaurant chain.

• Obtained favorable resolution of an ADA accessibility claim for a Nashville restaurant ownership group.

• Obtained favorable resolution of a retaliatory discharge claim for the global hotel management company.

• Obtained summary judgment in favor of the automotive retail group in a suit alleging sexual harassment and retaliation.

• Obtained summary judgment in favor of global hotel chain in a suit alleging sexual harassment and retaliation.

• Obtained favorable resolution of a retaliation claim for a large real estate owner/manager/developer group.

• Obtained defense verdict in favor of the national auto parts retailer in a suit alleging retaliatory discharge.

• Obtained summary judgment in favor of the national restaurant chain in a suit alleging pregnancy discrimination.

• Obtaining favorable resolution of an FLSA collective action for a regional grocery retailer.

Multimedia

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