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
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
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
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
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
1/8/2020
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Hiring & Firing ,
Job Descriptions ,
Job Duties ,
Popular ,
Reasonable Accommodation
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
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
1/4/2018
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Terms ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Frivolous Lawsuits ,
Hiring & Firing ,
Indemnification ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Retail Market ,
Retailers ,
Title VII ,
Vendors ,
Wage and Hour