News & Analysis as of

Undue Hardship Wage and Hour

Whiteford

Employment Law Update: Workplace Religious Accommodations and Islamic Prayer

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Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement...more

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Jackson Lewis P.C.

Maine Department of Labor Releases Proposed Rules for Paid Family and Medical Leave Program

Jackson Lewis P.C. on

The Maine Department of Labor announced proposed rulemaking on May 20, 2024, to implement the upcoming Maine Paid Family and Medical Leave Program. Maine DOL’s rulemaking has been expected following the Maine Legislature’s...more

Jackson Lewis P.C.

Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

Jackson Lewis P.C. on

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

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

Houston Harbaugh, P.C.

New Year’s Review of Legal Changes in Employment Accommodation

The New Year serves as a time to take note of some significant employment law changes in the past year to longstanding rules and requirements regarding employer accommodation obligations. This article addresses a U.S. Supreme...more

Amundsen Davis LLC

Illinois Paid Leave for All Workers Act – Brand New Guidance Ahead of the 1/1/24 Effective Date

Amundsen Davis LLC on

With the January 1, 2024, Leave of Absence Request form and peneffective date of the Illinois Paid Leave for All Workers Act (IPLAWA) quickly approaching, employers need to ensure they are analyzing their existing paid leave...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

Fox Rothschild LLP

EEOC Employee Demographic Data Collection Starts Soon: What Employers Should Know

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The U.S. Equal Employment Opportunity Commission (EEOC) requires certain private employers and federal contractors to submit and certify reports concerning their workforce demographic data. This data collection, known as the...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Fox Rothschild LLP

SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation Cases

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In the flurry of controversial U.S. Supreme Court rulings issued at the end of this term, one unanimous opinion flew under the radar which impacts how employers must accommodate religious practices and expressions of their...more

Roetzel & Andress

The Supreme Court’s New Test for Determining Undue Hardship for Religious Accommodation Requests— A “Substantial” Change

Roetzel & Andress on

In an Opinion dated June 29, 2023, the United States Supreme Court unanimously created a new, more difficult standard for employers to apply in weighing the burden a worker’s religious accommodation request would impose on...more

Warner Norcross + Judd

Supreme Court Clarifies Religious Accommodation Undue Burden Test Under Title VII

Warner Norcross + Judd on

Yesterday, in Gerald E. Groff v. Louis DeJoy, Postmaster General, the United States Supreme Court clarified what an employer must show if it denies an employee’s request for a workplace accommodation based on religious...more

Roetzel & Andress

Elevated Protections for Pregnant Workers Now in Effect

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The Pregnant Workers Fairness Act (“Act”), now in effect, requires covered employers—private and public sector employees with at least fifteen employees, Congress, federal agencies, employment agencies, and labor...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodation at the Supreme Court

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

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

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Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Sherman & Howard L.L.C.

Supreme Court Poised to Increase Obligations for Accommodating Workers’ Religion

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

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Parker Poe Adams & Bernstein LLP

Pregnant and Nursing Employees Receive New Protections From Congress

Deep within the omnibus spending bill passed in the waning days of 2022 were two new laws providing important new rights to employees who are pregnant or nursing. First, the Pregnant Workers Fairness Act (PWFA) requires...more

Littler

Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?

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Dear Littler:  We are a retail store with locations across the country.  We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.  A number of employees in several of...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

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