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Posts by John (Jack) P. Schaedel

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Showing 3 posts by John (Jack) P. Schaedel.

Two New California Employment Laws To Take Effect in January

On October 12, 2017, Governor Brown signed two new laws that take effect January 1, 2018, that will affect California employers. Senate Bill (SB) 63 mandates that small businesses provide 12 weeks of baby bonding to employees. Assembly Bill (AB) 168 bans employers from inquiring about a job applicant’s salary history. Read More ›

New FLSA Regulations Enjoined!

We have posted several blog entries regarding the FLSA regulations announced in May that drastically increased the minimum salary threshold for most executive, administrative and professional employees from $455 per week (or $23,660 per year) to $913 per week (or $47,476 per year). Late Tuesday afternoon, the United States District Court for the Eastern District of Texas granted a motion brought on behalf of 21 states and supported by business groups led by the United States Chamber of Commerce to preliminarily enjoin the new overtime exemption regulations set to go into effect on December 1, 2016.  

The Elements for Preliminary Relief Were Satisfied by the States

At the outset, the court had to determine if the states will “likely succeed on the merits” as the case is further litigated, and if a permanent injunction is on the horizon. The states’ case was premised on both constitutional and statutory grounds. The court concluded that while the states’ constitutional claims were unlikely to succeed, their statutory arguments appeared strong and likely to succeed.  Read More ›

Accommodation of Religion in the Workplace: A Primer

Of the various types of discrimination employers have known they must not commit for 50 years, discrimination based on religion remains one of the most challenging. Unlike race, gender, age and similar “immutable” characteristics, religion is more than what someone is; it is also what someone practices and believes. Therefore, Title VII of the Civil Rights Act of 1964 sometimes requires that employers treat people differently because of their religion. In further contrast, one does not “preach” an immutable characteristic by trying to convince others to change race, age, or gender, but many feel comfortable, or even obligated, to share religious views with others and possibly even try to convert them. The challenge of accommodating religious practices without fundamentally altering the workplace keeps employers and their HR teams up at night. Here are some practical tips for understanding and handling these sometimes conflicting challenges. Read More ›