Legislature Contemplates Bill Protecting Jobs During States of Emergency

The New Jersey Legislature is considering a Bill that would prohibit certain employment actions against employees who are affected by a state of emergency.  The Bill defines “state of emergency” as a disaster or emergency, whether natural or man-made, for which either the Governor or a municipal emergency management coordinator declares a state of emergency.

The legislation would prevent employers from discharging or taking any adverse employment action against an employee who is not working due to a state of emergency.  Employers also would be prohibited from requiring the employee to use any sick, vacation, personal, or other leave for the time he or she is not working.  The employer, however, would not be required to pay the employee if he or she is not actively working at the place of business, unless he or she is working remotely.

If an employer were to violate the legislation’s provisions, the Bill would impose a monetary penalty of up to $5000 for the first violation and up to $10,000 for each subsequent violation.  Connell Foley’s labor and employment law attorneys will continue to track this pending legislation.

New EEOC Publications on Religious Garb and Grooming

Last week, the EEOC issued two new publications addressing religious garb and grooming in the workplace.  The guides are designed to provide practical advice to employers and employees regarding the applicable law and case examples.

The publications clarify that Title VII employers must make exceptions to their general dress and grooming policies for those applicants and employees who adhere to religiously-mandated dress and grooming practices.  The publications state, however, that employers need not permit such exceptions if they would pose an undue hardship, such as a safety, security, or health concern.  As set forth in the publications, employers are not permitted to segregate employees based on their religious garb by, for example, assigning an employee to a non-customer contact position.  Moreover, employers cannot engage in disparate treatment, retaliation, or harassment based on religious belief or practice.

Employers may need to update their employee handbooks and workplace policies in order to reflect this new guidance from the EEOC.  Please feel free to contact Connell Foley’s employment law attorneys for assistance in implementing these guidelines and any other workplace policy issue your company may be facing.