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Retail Industry Workplace Law Update – Summer 2020

Responding to COVID-19 Concerns as a Retailer

The COVID-19 pandemic is challenging retailers in ways unique to the business.

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We Are Open: Practical Guidance for Retailers

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DOL Withdraws ‘Retail or Service Establishment’ Lists for Commissioned Employee Exemption Analysis

The U.S. Department of Labor withdrew its interpretative rules on the types of businesses either not qualifying, or only possibly qualifying, as “retail or service establishments” when determining whether a commissioned salesperson may be exempt from overtime under the Fair Labor Standards Act.

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Supreme Court: Title VII Protects LGTBQ+ Employees

The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act.

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Bereavement Leave, the Next Potential Mandated Leave in California

California is known for having a multitude of leaves available to employees from sick leave to organ donation leave.

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Rhode Island High Court Upholds ‘Reasonable Grounds’ Drug Testing, Dismissal of Employee

An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held.

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Virginia’s New Pay Transparency Law

Virginia has adopted a pay transparency law that prohibits employers from discharging or taking any other retaliatory action against an employee for discussing wages or compensation with another employee.

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Please contact a Jackson Lewis attorney if you have any questions about these developments.

© Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. 

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.