By: Christopher Vrountas, Esq. and Allison Ayer, Esq., Vrountas, Ayer & Chandler, P.C.
The Supreme Court of the United States (SCOTUS) recently declined to review several employment cases petitioned to the Court. One of those cases, EEOC v. Consol Energy, Inc., 860 F.3d 131 (4th Cir. 2017), sought review of a religious accommodation case where the employer refused to accommodate an employee who objected to using a biometric time tracking system because he believed it marked him as a supporter of the Antichrist. This case provides an interesting insight into the state of the law protecting religious practice in the workplace and is worth understanding. The Case: The facts of the case make for good reading. The employee was a devout evangelical Christian who had worked for the employer for nearly forty years. He had no record whatsoever of poor performance or any other workplace incident. But that changed when he refused to use the employer’s required tracking system. Relying on specific excerpts of scripture and a letter from his pastor, the employee told his employer that he could not use the company’s time tracking system because he believed that if he placed his hand on the biometric scanner to punch in and out, he might receive the “Mark of the Beast”, branding him a follower of the Antichrist and condemning him to everlasting punishment. As an alternative, the employee offered to check in with his supervisor upon arrival or departure, or punch in and out on a time clock as he had done in the past. The employer refused to allow this, instead insisting that the employee use the biometric scanner. The employee decided to retire given what he believed was a risk of eternal damnation. The EEOC sued on the employee’s behalf, and prevailed at trial. The employee was awarded over $500,000 in back pay, front pay, lost benefits and compensatory damages. LEGISLATURE PLANS TO WRAP UP 2018 SESSION IN TWO WEEKS: The New Hampshire House and Senate are scrambling to finish up their 2018 Session by May 24. This week committees of conference comprised of House and Senate members will meet to hammer out the differences between the House and Senate passed versions of bills. These committees of conference must reach agreement on the final wording of the bills. If they can’t do this by Thursday, the legislation dies. The full House and Senate will then meet on May 23 and 24 to vote on the final versions of the bills. After that, they will come back into Session for one day to take up any bills the Governor vetoes.
SERVICE OF ALCOHOL AT BEVERAGE MANUFACTURERS: A Committee of conference on SB 418 will meet on Tuesday, May 15 at 2:00. The House-passed version would allow wineries to sell up to one 5-ounce glass in lieu of 2-ounce samples, or if food is made available, to sell 2-five ounce glasses. Additionally, it would allow beverage manufacturers to serve one pint of their product in lieu of 4 oz samples, and two full pints if food is available. NHLRA is lobbying the conferees to pass an amendment brought forward earlier in the Senate that would essentially establish a new license enabling beverage and wine manufacturers to serve their products if they meet the requirements of a restaurant. Nano-breweries are currently allowed to do this. Food could also be provided by a licensed third-party vendor. LABOR LAW CHANGES: A committee of conference on SB 318 will meet on Wednesday, May 16 at 12:30 p.m. The House-passed version increases the number of hours 16 or 17 year olds can work during shortened school weeks. Current law limits the number of hours during any school week to no more than 6 consecutive days or more than 30 hours. The bill keeps the 30 hour limit on regular school work weeks, but loosens it as follows: no more than 6 consecutive days or more than 40 hours if school is in session for 4 days that week; and no more than 6 consecutive days or more than 48 hours if school is in session from 1 to 4 days. The bill further makes it clear that employees can purchase company garments beyond any uniform that is purchased for the employee by the employer. Finally, it makes it clear that there will be no penalty for failure of an employer to provide notification to an employee concerning changes to their wage when the minimum wage is increased by statute. Senator Andy Sanborn asked his Senate colleagues to go to a committee of conference to try to get some the other reforms the Senate passed earlier in the Session incorporated back into the bill. NHLRA supports the bill. SERVICE OF ALCOHOL AT BEVERAGE MANUFACTURERS: The House passed SB 418 with amendment. As amended, it would allow wineries to sell up to one 5-ounce glass in lieu of 2-ounce samples, or if food is made available, to sell 2-five ounce glasses. Additionally, it would allow beverage manufacturers to serve one pint of their product in lieu of 4 oz samples, and two full pints if food is available. Meanwhile, a similar bill, HB 1725, remains on the table in the Senate. HB 1725 will eventually die on the table in the Senate. The House and Senate haven’t yet come to agreement on this issue, so they will likely create a committee of conference next week on SB 418 to try and resolve their differences.
LABOR LAW CHANGES: The Senate voted to non-concur with the House changes to SB 318 and to request a committee of conference with the House. As amended by the House, the bill increases the number of hours 16 or 17 year olds can work during shortened school weeks. Current law limits the number of hours during any school week to no more than 6 consecutive days or more than 30 hours. As amended, the bill keeps the 30 hour limit on regular school work weeks, but loosens it as follows: no more than 6 consecutive days or more than 40 hours if school is in session for 4 days that week; and no more than 6 consecutive days or more than 48 hours if school is in session from 1 to 4 days. The bill further makes it clear that employees can purchase company garments beyond any uniform that is purchased for the employee by the employer. Finally, it makes it clear that there will be no penalty for failure of an employer to provide notification to an employee concerning changes to their wage when the minimum wage is increased by statute. Senator Andy Sanborn was disappointed that the House removed many reforms the Senate had passed earlier this Session. He wants to try to get some of them incorporated back into the bill. NHLRA supports the bill. ENTERTAINERS CONSUMING ALCOHOLIC BEVERAGES WHILE PERFORMING: The Senate passed HB 1285, which would allow entertainers and “dancers” in establishments that are licensed to serve alcoholic beverages to drink alcohol while performing. The bill now goes to the governor for his signature. SEPARATE BATHROOMS FOR EACH SEX: The Senate voted to lay HB1382 on the table. The bill would repeal the requirement that restaurants provide separate bathrooms for each sex. May 3 was the last day for the Senate to act on bills in its possession, so this means that HB 1382 will die on the table when the Session ends in three weeks. |
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