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SCOTUS Says Forced Lateral Job Transfers Can Support Discrimination Claims in Some Circumstances: Key Employer Takeaways

An employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – may violate federal civil rights law in some situations if it’s based on discriminatory reasons. According to a SCOTUS...more

SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more

Can a Lateral Job Transfer Ever Be Discriminatory? Supreme Court Will Soon Weigh In

When is a job transfer not just a transfer? The Supreme Court will soon decide whether lateral job transfers, with no change in pay or benefits, violates federal civil rights law if done for discriminatory reasons. Read on...more

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

The 7 Most Common Questions Asked by Mississippi Employers Hiring Minors

With the holiday season coming up, Mississippi employers may be considering hiring minors for seasonal work. However, you must take special care in employing minor workers, as both federal and state laws impose special rules...more

Retail Industry Snapshot: 3 Important Lessons about Holiday Hiring

Welcome to FP Retail Industry Snapshot, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact retail employers. This edition focuses on holiday hiring – a...more

Workplace Investigation Notes: To Keep or Not to Keep? Recent Case Provides Guidance to Retailers

Conducting investigations of internal complaints of discrimination and harassment is one of the most important jobs for retail employers to undertake. More than simply helping your business avoid liability, these...more

Hiring Remote Employees in Louisiana? The 4 Main Laws You Need to Know

With the rise in remote work, employers are finding themselves subject to a new set of laws based on each employee’s residence – and those finding themselves with workers in Louisiana are no exception. Our state has long held...more

State Pregnancy Accommodation Laws Can Be a Trap for the Unwary Retailer: 7 Steps to Compliance

Given that the retail workforce is 57% female, chances a retailer will have pregnant employees at any given time is high. The CDC warns women, “Physical demands at work could increase your chances of miscarriage, preterm...more

Retail Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

The news that the economy has shrunk for a second straight quarter might not come as a surprise to businesses in the retail industry. After all, the results of our FP Flash Survey on Economic Uncertainty revealed that retail...more

A Lawyer’s Confession: Don’t Count on Contracts and Courts to Protect Your Company’s Confidential Information

Many people were shocked by the recent leak of a Supreme Court draft opinion. The idea that an employee would subvert confidentiality rules at the nation’s highest court on matters of national significance seemed far-fetched....more

COVID-19 as a Disability: Firing Retail Employees for Attendance Issues Becomes Risky

Almost two years into the pandemic, federal workplace discrimination officials issued guidance on when an individual who contracted COVID-19 might have a disability under disability law. The overall tenor of the guidance from...more

What Mississippi Employers Need to Know about the State’s New Equal Pay Law

Mississippi Governor Tate Reeves recently signed a new equal pay law into effect in an effort to reduce the wage gap between men and women in the state. The “Equal Pay for Equal Work Act,” signed on April 20 and taking effect...more

6 Questions Retailers Should Ask Before Hiring Minors to Address the Labor Shortage

Some companies are well known for providing teenagers their first jobs and providing a learning foundation on what it takes to be successful in the workplace. But many retailers have long held policies against employing...more

Retailers’ Obligations to Accommodate Work Schedules that Conflict With an Employee’s Religion

Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more

ADA Title III Lawsuits Find a New Target: Gift Cards

Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more

Two New Louisiana Employment Laws: Pregnancy Accommodations and Limiting the Use of Criminal History in Hiring

While Louisiana has not typically been at the forefront of introducing concepts into employment law, the state legislature recently act on two topics that have been seeing increased interest from state and local governments...more

Employer’s Internal FLSA Audit Becomes Evidence in Misclassification Claim

Wage and hour litigation remains one of the top types of litigation filed in federal courts. In 2020, in the midst of a pandemic, plaintiffs filed more than 5,000 Fair Labor Standards Act (FLSA) lawsuits. Because many of...more

Handling The Retail Strain: Training Is Critical

Retail employees have done as much as anyone in responding to the needs of the country created by the pandemic. Simply coming to work and doing their jobs has been an invaluable service to society. As the pandemic...more

Chart Guides Employers Through Common COVID-19 Return-To-Work Scenarios

Although the Centers for Disease Control and Prevention has published guidelines to help employers navigate the many different return-to-work scenarios presented by COVID-19, it is difficult to understand your obligations and...more

SBA Releases Important New Rules Regarding PPP Loan Forgiveness

The Small Business Administration (SBA) just released important new rules regarding forgiveness of Paycheck Protection Program (PPP) loans. The June 22 Revisions to Loan Forgiveness Interim Final Rule and SBA Loan Review...more

What You Need To Know About Louisiana’s COVID-19 Protections For Businesses

The COVID-19 pandemic has created significant uncertainty for businesses across the country – but there is some good news for Louisiana employers and businesses. As offices, worksites, and other places of businesses reopen,...more

New Paycheck Protection Loan Rules Provide Some Answers

Questions about employee bonuses, payments made to owner employees and the Small Business Administration’s (SBA) authority to audit Paycheck Protection Program loans (PPP) were answered just before the long Memorial Day...more

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