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Jul 2020The Supreme Court Holds That Catholic School Teachers are “Ministers” and Cannot Bring Employment Discrimination Claims
By Luis F. Calvo On July 8, 2020, the U.S. Supreme Court issued a 7-2 decision holding that Catholic schoolteachers cannot bring employment discrimination claims against the religious institutions that employ them. The Court reached its decision citing the so-called “ministerial exception,” based on the First Amendment’s protection of the rights of religious institutions “to decide for themselves, free from state interference, matters of church...
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Jun 2020The Supreme Court Extends Title VII Protections to LGBTQ Employees
By Luis F. Calvo On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision extending Title VII of the Civil Rights Act of 1964’s prohibitions against discriminations “because of sex” to gay, lesbian, and transgender employees. As a result, “[a]n employer who fires an individual merely for being gay or transgender” violates Title VII. The Supreme Court issued a single decision...
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Mar 2020How to Receive Employer Tax Credit for Paid Sick Leave During Coronavirus
Written by David S. Hansen Among the early stimulus/relief measures that the U.S. government passed earlier this month was a refundable tax credit for paid sick leave paid by certain employers under specified conditions. The IRS recently released some guidance regarding how employers receive credit here: https://www.irs.gov/newsroom/treasury-irs-and-labor-announce-plan-to-implement-coronavirus-related-paid-leave-for-workers-and-tax-credits-for-small-and-midsize-businesses-to-swiftly-recover-the-cost-of-providing-coronavirus The pertinent section telling employers how to receive the credit and how much of a credit is here:...
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Mar 202009
Oct 201908
Mar 2019DOL Issues Its New Proposed Rule for Salary Threshold for Exempt Employees
On March 7, 2019, the U.S. Department of Labor issued its long-awaited replacement of the Obama administration’s controversial overtime rule, raising the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s “white collar” exemptions to $35,308 per year ($679 per week), from the previous $23,660 per year ($455 per week), which had been in effect since 2004. The new Proposed...
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06
Oct 2017Two Important Legal Tide Changes This Week
By Rosemary M. Marin, Attorney & Shareholder; Chair, Labor & Employment TWO IMPORTANT LEGAL TIDE CHANGES THIS WEEK This week, the Trump Administration announced two big changes in its interpretation of the law, as compared to prior interpretations by the Obama Administration. TITLE VII Does Not Extend To Transgender On October 5, 2017, U.S. Attorney General Jeff Sessions announced that Title VII, the federal law...
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05
Oct 2017ScottHulse and EPSHRM present Fall Employment Law Update
EL PASO, TX – More than a hundred attendees participated in the Fall Employment Law Update, presented by ScottHulse Law Firm in partnership with the El Paso Society for Human Resource Management (EPSHRM). Labor & Employment attorneys from ScottHulse PC, a full service commercial firm based in El Paso, San Antonio and Las Cruces, presented topics specific to Human Resource professionals for the half-day event.Topics...
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Jul 2017New Version of USCIS Form I-9 is Now Available. Deadline for Implementation of the New Form I-9 is September 18, 2017
On Monday, July 17, 2017, the United States Citizenship and Immigration Services Department (“USCIS”) released another revised version of the Form I-9, Employment Eligibility Verification. The latest version of the Form I-9 contains minor changes to the Instructions section and the List of Acceptable Documents. Specifically, the Instructions section contains the following revisions: In addition to the revisions to the Instructions section, the List of...
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