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
4/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
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
1/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Corporate Counsel ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
10/9/2023
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Certiorari ,
Chevron Deference ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Hiring ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
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
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
8/28/2023
/ Business Closures ,
Disaster Aid ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury ,
Workplace Safety
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
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
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
This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
9/9/2022
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
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
8/16/2022
/ Bonuses ,
EEO ,
Employment Discrimination ,
Hairstyle Discrimination ,
Hiring & Firing ,
Louisiana ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Paid Leave ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remote Working ,
Restrictive Covenants ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
5/29/2020
/ Bonuses ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Hazard Pay ,
Interim Final Rules (IFR) ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans