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Wage and Hour › Religious Beliefs

Amundsen Davis LLC

National State Employment Law Update

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Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more

Jackson Lewis P.C.

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

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Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act...more

Cozen O'Connor

New Illinois Law Limits Employer Speech in the Workplace

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On July 31, 2024, Illinois Governor JB Pritzker signed into law Illinois Senate Bill 3649, or the Worker Freedom of Speech Act (WFSA), prohibiting employers from holding mandatory meetings to discuss company views on...more

Constangy, Brooks, Smith & Prophete, LLP

Five ways to ensure your workplace is inclusive for transgender employees

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Employers are increasingly focusing on Diversity, Equity, and Inclusion, but DEI policies and practices often overlook issues relating to gender identity. This blog post provides suggestions for helping to ensure that...more

Jackson Lewis P.C.

Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

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Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

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Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Jackson Lewis P.C.

What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

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The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee...more

Constangy, Brooks, Smith & Prophete, LLP

Religious Accommodations, Part Deux: Is the religious belief sincere?

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In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodations, Part 1: What’s a “religion”?

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On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city,...more

Constangy, Brooks, Smith & Prophete, LLP

Hair, beards, and the invigorated duty to accommodate religious practices

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Hair. In some religions it is considered a sacred gift from God that should not be cut. In other religions, it must be styled, covered, or cut in particular ways. These religious practices may result in employees’ requesting...more

Jackson Lewis P.C.

Accommodations Developments Add Scheduling Challenges for Retailers

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For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court...more

Jackson Lewis P.C.

Legislation Banning ‘Captive Audience’ Meetings Enacted in Minnesota, Awaiting Enactment in New York

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Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodation at the Supreme Court

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On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases. Under every...more

Jackson Lewis P.C.

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

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The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more

Sherman & Howard L.L.C.

Supreme Court Poised to Increase Obligations for Accommodating Workers’ Religion

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Earlier this month, the U.S. Supreme Court agreed to revisit the threshold for accommodating workers’ religious beliefs or practices that clash with workplace requirements. The current standard doesn’t require employers to...more

Miller Nash LLP

Washington Court Revives Public Employee’s Religious Accommodation Claim

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Adelina Suarez was a Certified Nursing Assistant (CNA) who worked for a state-operated certified residential nursing facility for vulnerable, disabled adults in Yakima, Washington. Throughout her employment, which was covered...more

DirectEmployers Association

OFCCP Week In Review: November 2021

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

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I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Amundsen Davis LLC

Wage And Hour Questions On The Vaccine Mandate: Pitfalls For Illinois Employers Covered By The Executive Order

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On August 23rd Governor Pritzker issued Executive Order 2021-20 requiring health care workers, school personnel, higher education personnel and students, and state-employees and contractors who work at state-owned or...more

McGlinchey Stafford

How Can Employers Prepare For Biden’s Vaccine/Testing Mandate?

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On Thursday, September 9, 2021, President Biden announced that the Department of Labor is preparing to mandate that all business with 100 or more workers require their employees to either get vaccinated against the...more

Husch Blackwell LLP

Frequently Asked Questions Regarding Employer Vaccine Requirements

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Now that the federal Food and Drug Administration (FDA) has issued its formal approval of the Pfizer-BioNTech COVID-19 vaccine, many employers are beginning to implement vaccine requirements for employees. This article...more

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