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Government Doubles Down On Warning To Employers Accepting Small Business Loans

Following rapid depletion of funds available to small businesses under the CARES Act and subsequent Congressional action to refill the well, the Treasury Department today vowed to conduct “full audits” of companies receiving...more

Don’t Forget the Basics When Reopening Your Retail Business: A 5-Point Plan

The COVID-19 coronavirus pandemic that closed hundreds of thousands of business around the country is unprecedented. Fortunately, many retailers were able to maintain a fairly high level of continuity as essential businesses...more

Retail Industry Guidance For COVID-19 Coronavirus Outbreak

Many sectors of the retail industry are critical to the nation’s efforts to fight the spread of COVID-19. After all, retailers that sell necessities such as food, medication, personal care products, and household supplies...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

Customer Complaints: How To Avoid Discrimination Claims From Your Clientele

The story of two African-American men arrested for trespassing at a Starbucks while waiting for a friend made national headlines this summer. But the incident did not surprise many African Americans. “Shopping while black” is...more

New Trend In Accessibility Lawsuits: The Class Action Complaint

Most retailers have by now faced a Title III lawsuit under the Americans with Disabilities Act (ADA) contending that a store is not accessible to disabled individuals. There remains a plethora of attorneys who make a living...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

The NLRB, Franchisees, And Temporary Employees

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...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

On-Call Scheduling Under Attack

The Bureau of Labor Statistics recently released its annual report on productivity and costs for the retail trade industry, and there’s good news and bad news for retailers. The good news is that, for 2014, productivity in...more

Retailers Should Heed Supreme Court Guidance On Religion

Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more

Swatting Gnats

Since the early 2000s, the buzzing gnats of employment litigation involving retailers have been individual Fair Labor Standards Act (FLSA) lawsuits. Whether brought for unpaid overtime, working through lunches, or working off...more

Supreme Court (Sort of) Allows Courts To Review EEOC Mediation Efforts

Wednesday, the Supreme Court unanimously held that the Equal Employment Opportunity Commission’s statutory duty to conciliate to remedy a Title VII violation prior to filing a lawsuit on the violation is subject to some level...more

Federal Wage Claims? That's The Easy Part!

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

Goodbye – Come Back Soon!

The U.S. Supreme Court is currently considering the issue of whether under the Pregnancy Discrimination Act, an employer who provides light-duty work to some employees, (such as those injured on the job) but not to all...more

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