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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

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

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

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

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

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

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

Predictive Scheduling Marches Onward

Perhaps no industry in history has been targeted for its basic employment requirements like the retail industry has been targeted over scheduling practices. The philosophy behind the rise of these ordinances is that having a...more

Combating The Flu: Retail Sector Employers Among Most Prone To Workplace Disruptions

In most workplaces across the country, a perfect attendance record will be met with applause. Employees who “tough it out” and sneeze their way through the workday are congratulated, while those who stay at home to nurse an...more

New Light On Handbooks And Work Rules

During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social...more

FMLA Regs May Soon Get Revamped To Ease Employer Burdens

If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave...more

A Step-By-Step Guide To Terminating Employees For Theft (Part Two)

In our last issue, we looked at some ideas about how to investigate, catch, and terminate employees who are stealing from your company. In this conclusion, we’ll talk about some ways to avoid—or at least reduce the...more

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

The I-9: How Much Trouble Can One Piece Of Paper Cause?

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

The New And Evolving Standard For Accommodating Pregnant Employees

When the U.S. Supreme Court issued a March 2015 decision creating a new standard for how employers should accommodate pregnant employees, retailers took notice. After all, approximately 50% of retail employees are female, and...more

Criminal Activity At Work Can Land Retailers In Hot Water

Recent workplace violence incidents have driven some employers to take steps to minimize the risk of criminal behavior at their locations. Whether it is beefing up physical security measures on premises, installing...more

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