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Employment Law

Court rules ministerial exception is limited

The ministerial exception is based on the U.S. Constitution’s prohibition of state interference with religious practices. In a recent California state court case, a religious employer found the exception is limited.

Beat bogus bias claim with detailed account

If an employee sues you for discrimination, you will need to put up a vigorous, detailed defense even if you have done nothing wrong. If you can counter the employee’s claim by explaining exactly what happened, that puts the ball back in the employee’s court.

Bill would add data-breach notification requirements

A bill before the California Assembly would expand the types of data breaches requiring victims to be notified. Employers may regularly store several kinds of data that would be newly protected by Assembly Bill 1130.

EEOC got employers to pay $505 million last year

That’s a 27% increase over 2017, even though total charges fell 9%.

You’re responsible for outsourced mistakes

Employers may assume that outsourcing an HR function to an expert provider will insulate them from liability in case of some legal mistake. That’s not always true.

LGBT issues to be argued before Supreme Court this fall

The U.S. Supreme Court has agreed to hear three cases that could decide if Title VII of the Civil Rights Act protects lesbian, gay, bisexual and transgender employees from discrimination.

Supreme Court throws cold water on group arbitration

The U.S. Supreme Court delivered good news to employers on April 24 with a 5-4 decision that said employees cannot demand class-wide arbitration unless the arbitration agreement they signed explicitly allows it.

What to do now about old #MeToo allegations

What began with a few female Microsoft employees sharing horror stories among themselves via email has morphed into hundreds of harassment complaints old and new that HR could not ignore. If a similar reckoning comes to your organization, follow this roadmap to address harassment once and for all.

Cooperative dialogue versus interactive accommodations process

Q. I’m a New York City employer. One of my workers recently requested a copy of the decision to deny her an accommodation. She says she’s entitled to a copy of the cooperative dialogue decision. Do I have to give her something in writing?

Federal vs. New York overtime rules: Do board, lodging and other allowances count?

Q. Currently, to satisfy the New York state overtime rules, we include board, lodging and other allowances and facilities in that salary. We hit the $679 salary level contemplated in the federal DOL regs already if we include that amount. Do we have to back that amount off?