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The Modern Workplace

The Modern Workplace

  • Posts by Tammy M. Somogye

    Tammy Somogye concentrates her practice on education and employment law, representing educational institutions, municipalities and businesses. In addition to handling administrative proceedings, conducting ...

Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, requires employers with 15 or more employees to accommodate the sincerely held religious beliefs and practices of applicants and employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” 42 U.S.C. §2000e(j). On Thursday, June 29, 2023, the U.S. Supreme Court issued an opinion that clarified what “undue hardship” means in the Title VII religious accommodation context, raising the bar ...

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Companies with employees working in Colorado must prepare now for that state’s Family & Medical Leave Insurance (“FAMLI”) program, which will provide paid leave to eligible employees for certain qualifying events beginning in 2024. Covered employers will need to register for the FAMLI program and periodically submit certain wage data and required premiums to the State’s FAMLI Division to help fund the program. Some of the important steps for covered employers to take to comply with the new FAMLI Program include the following:

Step 1 – Post the 2023 Program Notice.

Step 2

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Posted in Discrimination

Under Title VII of the Civil Rights Act of 1964, an employer may not discriminate against any individual because of the individual’s religion. To comply with this requirement, employers must reasonably accommodate an employee’s sincerely held religious belief and practice, unless doing so would present an undue hardship. The Supreme Court has declined to review two cases where it could have clarified when a religious accommodation is reasonable, and federal appellate courts currently are divided on the issue.

On May 25, 2022, the Third Circuit Court of Appeals joined the ...

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Last month, on September 2, 2021, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which enforces federal government contractor requirements, rescinded a Trump-Era notice of intent not to use EEO-1 Component 2 employer pay data to analyze pay equity issues. The OFCCP stated that “it was premature to issue a notice stating OFCCP did not expect to find significant utility in the data.” 84 FR 49354 (September 2, 2021). The EEO-1 Component 2 Data was last collected by the federal government for calendar years 2017 and 2018 and consists of ...

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Posted in COVID-19, Leave
Here we go again… California has passed new legislation (Senate Bill 95) requiring a larger group of employers to provide paid leave for many more COVID-19-related reasons than previously allowed.
Q: Who must provide the SB 95 leave?

A: California employers (including public entities) with more than 25 employees nationally.

Q. Who is eligible for the SB 95 leave?

A. “Covered employees” is defined as California-based employees who are unable to work or telework for one of the qualifying reasons.[1]
Q. What reasons qualify for the SB 95 leave?
A. There are more qualifying reasons ...
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With COVID-19 cases surging, employers should take the time to review the federal Occupational Safety & Health Administrations recent guidance document, which was generated based on a review of data from citations issued, many of which were the result of complaints, referrals and fatalities in industries such as hospitals and healthcare, nursing homes and long-term care facilities, and meat/poultry processing plants. OSHA News Release (11/7/2020).

The guidance document identifies the standards that are most frequently cited in coronavirus-related OSHA inspections and ...
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For many, January 1, 2020 was the start of a new decade, full of optimism and hope for the future. As of June 1, 2020, this year has brought troubling times that include fear and pain due to racial injustice, a pandemic, unemployment, and growing isolation. 

Employees across the nation are hurting. Some are grieving the loss of one or more loved ones from COVID-19. Against the backdrop of rampant unemployment, many are anxious about how long they might be employed, looming pay cuts, child care challenges, and the rising cost of food. Combined with intense feelings about injustices and other ...

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