Labor, Employment and Benefits Law Update
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Tentative Settlement Reached in Religious Discrimination Lawsuit at Gold’n Plump Facility in Minnesota By Chris M. Heffelbower In September 2008, the Equal Employment Opportunity Commission (“EEOC”) and Muslim employees reached a tentative settlement in their religious discrimination lawsuit against Gold’n Plump Poultry, Inc. The lawsuit alleged that the company failed to provide religious accommodation by prohibiting Muslim employees who practice Islam to engage in prayer and other violations of the law. Gold’n Plump denied that it engaged in any unlawful religious discrimination and argued that it reasonably accommodated the religious practices of its employees. The EEOC Provides New Guidance on Religious Discrimination in the Workplace By Chris M. Heffelbower and Jay Reding* In July, the Equal Employment Opportunity Commission (EEOC) issued a new section to its Compliance Manual concerning religious discrimination in the workplace. This new section, identified as “Section 12” of the Compliance Manual, provides insight into the EEOC’s position on the law and provides guidance to employers regarding best practices for avoiding liability for religious discrimination claims. Section 12 of the Compliance Manual covers a wide-wage of topics, including the definition of “religion,” what constitutes “religious harassment,” and the circumstances under which an employer must accommodate the religious practices and beliefs of its employees. By Bruce J. Douglas and Britta L. Orr* As part of the Emergency Economic Stabilization Act of 2008, signed by President Bush on October 3, 2008, Congress included provisions relating to mental health parity which amend the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code. In broad brush, these provisions mandate that any group health plan that provides both medical and surgical benefits as well as mental health or substance use disorder benefits make the latter no more restrictive than the former. In other words, when offered, mental health benefits must be treated the same as physical health benefits. Retirement Plan Limits for 2009 By Mary L. Komornicka The IRS has just released the new Cost-of-Living Adjustments for retirement plans. HEART Act’s Impact on Employee Benefits By Mary L. Komornicka The Heroes Earnings Assistance and Relief Tax (HEART) Act, enacted this summer, contains some easily-overlooked provisions that may have significant impact on your company’s employee benefit programs. In general, these provisions are voluntary and only apply if you have employees who have been called to active military duty. However, a few provisions are mandatory.
This alert is provided as a service to our clients and firm associates. While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice. | November 2008 About our Practice: The Larkin Hoffman employment law team identifies and resolves workplace issues in this rapidly evolving and highly regulated area. Our attorneys provide counsel and advice to employers. We represent employers in state and federal courts and administrative agencies including the EEOC, MHRA, NLRB, OSHA and DOL. Contact our employment law attorneys: Email 952.896.3275 Email 952.896.3312 Bruce J Douglas Email 952.896.1569 Email 952.896.3288 Chris M Heffelbower Email 952.896.1543 Sejal Desai Winkelman Email 952.896.3325 Carrie L Zochert Email 952.896.3353 Julia H Halbach Email 952.896.3264 Contact our employee benefits law attorneys: Email 952.896.3355 Email 952.896.3270 Email 952.896.3225 |