Attorney James Sherman Presented in
March to the Twin Cities Hospitality Association on a Variety of Recent and Ongoing Developments in Labor, Employment and Other Workplace Laws
FirmPresident/CEO,
James
Sherman,
gave a presentation this month to the Human Resources Professional of the Twin Cities Hospitality Association (TCHA) on significant legal trends and developments in 2016. Of particular interest to attending employer representatives from
the Twin Cities hospitality industry, were:
1. Labor issues and NLRB developments;
2. Religious accommodations for diverse workforces; and
3. The DOL's anticipated final rule on exempt salaries affecting overtime pay for millions.
"By far, the greatest concerns expressed by the audience of human resources professionals from area hotels, restaurants, and other employers in the hospitality industry, involved the DOL overtime rule changes," said Mr. Sherman after his presentation. These employers face having a substantial percentage of their workers essentially "reclassified" from exempt, to non-exempt workers by a stroke of a pen.
Complying with state and federal laws mandating accommodations to the religions of the diverse workforce that exists in the hospitality industry, also drew a great deal of attention from the audience. Mr. Sherman noted: "Employers have a tough time dealing with multiple requests for time off, prayer breaks and refusals to perform certain tasks based on differing employee religious observations. Balancing religious needs with the business needs of the employer, can be very difficult. The main thing employers must do is to interact with employees on an individualized basis when it comes to religion (e.g. not all Christians, Muslims, Jews observe their religions in exactly the same way, nor does the law require that they do so).
It is hard to go wrong when a mutually agreeable arrangement can be achieved through dialogue."
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