Practical HR Tips, News & Advice. Updated Daily.
Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]
In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial […]
Yesterday, we looked at the first part of a case involving a spa director who was allegedly pushed out of her job following a family leave. Today, the conclusion of the case – plus a new webinar on California family leave that you won’t want to miss.
By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy. The employer granted the full 12 weeks […]
GINA is, of course, the Genetic Information Nondiscrimination Act, says attorney Peter Lowe, and you do care about GINA and Facebook, because Facebook pages are likely to reveal prohibited genetic information. What is GINA: The Genetic Information Nondiscrimination Act prohibits employers from collecting genetic information or discriminating based on genetic information. Genetic information includes information […]
New guidance on a group health coverage reporting requirement raises some important issues regarding COBRA coverage and provides a silver lining for employers, who should be able to use their current COBRA premiums to determine the reportable cost of health coverage — making the new burden of this requirement a little easier to bear, according […]
The flood of donning and doffing disputes under the Fair Labor Standards Act that we saw a few years back may have leveled off. But some pay issues relating to this routine taking off and putting on of clothes are not yet resolved. The Supreme Court had two opportunities in its current term to pick […]
The calendar now says 2012, but employers may notice that their Family and Medical Leave Act (FMLA) forms from the U.S. Department of Labor (DOL) carry a December 31, 2011, expiration date. What to do? For now, just keep using the old forms. The DOL’s Wage and Hour Division (WHD) has submitted the forms for […]
By Shlomo D. Katz This time of year, when snow and ice pose challenges in many parts of the country, many employers wonder about the rules for paying employees in the event they must close the office due to bad weather and unsafe road conditions. Below we provide answers to some frequently asked questions. The […]
Employers wanting to be in compliance with employee privacy laws should ensure that employees understand that e-monitoring policies affect the employee’s reasonable expectation of privacy. In other words, if employees are told that their electronic communications will be monitored, then they cannot reasonably expect that they will be private. In a CER webinar titled “HR’s […]