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Employment Law

‘Ministerial exception’ may not cover schools

07/30/2019
Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.

OK to punish insulting language in complaint

07/30/2019
HR specialists and managers know they can’t punish a worker for complaining about discrimination or many other internal complaints, including whistleblowing. But that doesn’t mean your hands are tied when the complaint itself is delivered in an outrageous way.

Anti-harassment policies evolving after #MeToo

07/30/2019
In a survey, 51% of companies reported reviewing their sexual harassment policies since the #MeToo movement emerged as a cultural and business force in the fall of 2017.

House votes to raise federal minimum wage to $15 per hour

07/23/2019
The House of Representatives voted July 18 to raise the federal minimum wage to $15 per hour by 2025, passing legislation that will probably not have even a committee hearing in the Republican-controlled Senate.

Scalia gets nod to become next secretary of labor

07/23/2019
President Trump announced July 18 that he would nominate Eugene Scalia to replace Alexander Acosta as secretary of labor.

Anti-military bias is self-inflicted wound

07/23/2019
Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Expanded definition of sexual harassment may be wave of future

07/19/2019
Laws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.

NLRB changes solicitation rules to favor employers

07/19/2019
The National Labor Relations Board in June issued a decision that reversed a longstanding precedent by holding that employers may bar nonemployee union representatives or organizers from soliciting employees or promoting union membership in public areas within an employer’s facility.

State of NY bans bias on the basis of hairstyles

07/19/2019
New York has become the second state to make it unlawful to discriminate against employees or applicants on the basis of the person’s hairstyle.

Classic ADA accommodation: Adjust work schedule

07/19/2019
Schedule changes may be inconvenient, but they’re an easy way to accommodate many disabilities. Courts aren’t likely to sympathize with employers that refuse to adjust a disabled employee’s schedule.