Keith Mack
Store policies are generally enforceable, but they cannot conflict with federal or state laws. For example, a store policy that prohibits firearms on the premises would not overrule a state law that specifically allows employees to keep firearms in their vehicles while at work. In this case, the state law would take precedence over the store policy. However, the company would be within its rights to terminate the employee for violating the policy, especially in an at-will employment state. Additionally, while stores may have their own policies, they are still subject to federal and state laws regarding public accommodations, such as anti-discrimination laws.
Can store policy override state laws?
| Characteristics | Values |
|---|---|
| Store policy on refunds and exchanges | In California and Ohio, stores must notify customers of a "no refund/no exchange" policy. |
| Store policy on dress code | Dress code requirements must not impinge on protected statuses under state or federal law. For example, a requirement that patrons wear no head coverings may be problematic. |
| Store policy on firearms | In states with at-will employment, companies can terminate employment for violating a policy on firearms that employees have agreed to keep. |
| Store policy on discrimination | Stores are subject to federal and state anti-discrimination laws, such as Title II of the Civil Rights Act of 1964 and the Americans with Disabilities Act. Some states have additional protections based on age, gender, sexual orientation, and military status. |
| Store policy conflicting with state law | A company's policy cannot conflict with the minimum requirements of federal or state law. |
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What You'll Learn
Store policies on refunds and exchanges
While store policies on refunds and exchanges are generally decided by the retailers themselves, they cannot conflict with federal or state laws. In the US, there is no federal law requiring a merchant to give refunds or allow exchanges. However, several states have laws governing the disclosure of refund and return policies, and these laws may expand options for customers to cancel a purchase. For example, in California, retailers with a "no refund/no exchange" policy must inform consumers about their refund policies by placing a written notice in a conspicuous location, and not just on the receipt. Similarly, in Ohio, a refund policy must be clearly and conspicuously posted, and not only printed on the receipt. In Maryland, the law requires retailers to post their return and refund policy on the storefront wall, merchandise, or the receipt. Without a posted policy, retailers in Maryland and Massachusetts must accept returns within a reasonable time period.
Retailers in Arkansas, Colorado, Connecticut, and Michigan can dictate the terms of their returns and refunds. In Michigan, however, refunds must still be issued for defective goods even if the store has a "no refunds" policy. In some states, sellers must prominently display refund policies at the place of purchase to make them valid. For example, in California, if a retailer only authorizes exchanges but not refunds, this must be displayed. In addition, the policy must state whether a cash refund, store credit, or exchange is given for the full purchase price, and the time period for which a refund, credit, or exchange is authorized.
Some common exceptions to refund and exchange policies include perishable items, goods damaged after purchase, customized goods, merchandise without its original packaging, and exchanges that cannot be made due to public health reasons.
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State laws on discrimination
In the United States, state laws vary, and store policies fall into different categories. While there is no single rule, a company's policy cannot conflict with federal or state laws.
Some states have enacted laws that go beyond federal protections. For example, California has enacted broad protections against discrimination in all business establishments, including on the basis of sexual orientation and gender identity. As of 2025, 21 states and 1 territory, including Washington, D.C., explicitly prohibit discrimination based on sexual orientation and gender identity. Additionally, 6 states interpret their existing prohibitions on sex discrimination to include sexual orientation and gender identity.
Furthermore, some states extend their anti-discrimination policies to protect customers from refusals of service based on criteria such as age, gender, sexual orientation, and military status. Title II of the Civil Rights Act of 1964 prohibits discrimination in places of public accommodation based on race, colour, religion, or national origin, while the Americans with Disabilities Act prevents discrimination based on physical, mental, or emotional impairments.
Housing non-discrimination laws also exist to protect LGBTQ individuals from being unfairly evicted, denied housing, or refused the ability to rent or buy housing based on their sexual orientation or gender identity. These laws vary across states, with some states providing explicit protections, while others interpret existing sex protections to include sexual orientation and gender identity.
It is important to note that dress requirements in stores must be crafted carefully to avoid impinging on any protected statuses under state or federal law. For example, a requirement that patrons wear no head coverings may be problematic, while a requirement to wear shirts and shoes is generally acceptable.
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Dress code policies
A company's dress code policy outlines its expectations for employee attire and appearance, and helps to communicate the organisation's desired image. Dress codes can be formal or informal, and may include uniforms. They are often used to uphold standards of professionalism and safety, and to provide wardrobe guidance to new employees.
A dress code policy can be as short as a single sentence or a lengthy, detailed document. It should, however, provide an overview of the company's expectations regarding cleanliness and professionalism. It should also outline the general dress code classification, such as casual, business casual, or business professional. It is important to note that terms like "business casual" can be confusing, so providing examples of acceptable and unacceptable clothing choices is helpful.
Some companies may also include guidance on jewellery, tattoos, piercings, and grooming standards. While dress codes can vary depending on the industry and role, it is important that they do not impinge on any protected statuses under state or federal law. For example, a requirement that patrons wear no head coverings might be problematic, while requiring shirts and shoes is likely to be acceptable.
Companies should also be mindful of religious and ethnic practices when creating their dress code policies. While these policies are not intended to prohibit such practices, it is important to ensure that employees' appearance and attire align with the company's culture and goals while respecting employees' rights.
In terms of enforcement, supervisors should reprimand employees who violate the dress code and may ask them to change. Repeated violations may lead to disciplinary action, including termination. However, it is important to note that a company's policy cannot conflict with federal or state laws.
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Right to carry firearms
In the United States, the Second Amendment of the Constitution provides the right to bear arms. However, gun laws vary across states. While some states allow the open carry of firearms, others have restrictions in place. For example, California, Florida, Illinois, and Washington, DC, generally prohibit people from openly carrying firearms in public. On the other hand, states like New York, South Carolina, Massachusetts, Minnesota, and New Jersey have more nuanced approaches, prohibiting the open carry of specific types of firearms, such as handguns or long guns.
The topic of "right to carry firearms" is complex due to the differences in state gun laws. Each state has its own regulations regarding gun permits, and some states have entered into reciprocity agreements to recognize concealed carry permits from other states. This means that an individual with a concealed carry permit from one state may be allowed to carry their firearm in another state with a reciprocity agreement. However, some states, like California, New York, and Maryland, do not honor other states' concealed carry permits, effectively banning non-residents from carrying handguns within their borders.
Additionally, certain states have implemented extreme risk protection order laws, also known as "red-flag" laws. These laws empower family members or law enforcement officers to petition state courts to temporarily remove firearms from individuals who may pose a danger to themselves or others. As of May, 19 states and Washington, DC, had some version of these red-flag laws in place.
The accessibility of firearms is further impacted by the emergence of "ghost guns," which are created using 3D printers or gun assembly kits. Ghost guns lack serial numbers, making them untraceable, and their accessibility poses a challenge to law enforcement and regulators. The legality of ghost guns is still evolving, with court cases ongoing.
While the Second Amendment guarantees the right to bear arms, the specific regulations surrounding the "right to carry firearms" vary from state to state. These variations include open carry laws, permit requirements, reciprocity agreements, and extreme risk protection orders. As a result, individuals must be aware of the specific laws in their state or states they intend to travel to while carrying a firearm.
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At-will employment
The at-will employment relationship is 'fundamentally contractual', and unless there is an actual or implied contract in place—which is rare—the employment is at-will. This means that if an employer's termination decisions do not breach a substantive contract provision, they are not precluded by the covenant. For example, an employer may not terminate an employee in bad faith if there is an implied covenant of good faith and fair dealing in the employment relationship.
The existence of an express or implied contract removes employment from the at-will realm. An implied contract may be created by an employer's statements, standard practices, or assertions in an employee handbook. For instance, an employer stating that they only fire employees 'for cause' may create an implied contract.
While at-will employment is common, there are exceptions to the general rule. No employee, regardless of their employment arrangement, can be fired for unlawful reasons, such as retaliation or discrimination. Federal law and state laws vary, and store policies fall into different categories, so it is important to refer to specific state laws. For example, California has enacted broad protections against discrimination in all business establishments.
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Frequently asked questions
No, a store policy cannot override state laws. For example, in Georgia, state law allows employees to keep firearms in their vehicles while at work, but Walmart's policy does not allow this. In this case, the state law takes precedence, and employees can keep firearms in their vehicles. However, Walmart is also within its rights to terminate employment if an employee violates this policy.
No, a store policy cannot override state laws. For example, a store policy requiring patrons to remove head coverings may be problematic and could be considered discrimination. Stores must comply with federal and state laws prohibiting discrimination based on race, colour, religion, or national origin, as outlined in the Civil Rights Act of 1964.
No, a store policy cannot override state laws. While there is no federal law requiring merchants to offer refunds or exchanges, several states, including California and Ohio, have laws mandating that customers be notified of any "no refund/no exchange" policies. These notifications must be clearly posted and written in understandable language.
A store policy can set dress code requirements for employees, but it must not impinge on any protected statuses under state or federal law. For example, a policy requiring patrons to wear shirts and shoes would likely not violate anti-discrimination laws.
No, a store policy cannot override state laws. While a store owner can argue that a customer has an obligation to pay for something they have damaged, states generally do not have laws requiring customers to pay for accidental damage. Store owners typically carry insurance to cover such incidents.
