Month: November 2023

When an employee’s sincere religious observances or practices conflict with workplace requirements, Title VII of the Civil Rights Act of 1964 (Title VII) requires the employer to provide a reasonable accommodation unless doing so would impose an “undue hardship on the conduct of the employer’s business.” In 1977, the United States Supreme Court appeared to indicate in Trans World Airlines, Inc. v. Hardison that an accommodation creates an undue hardship when it imposes “more than a de minimis cost.” In June 2023, in Groff v. DeJoy, a unanimous Court reevaluated its precedent and announced a new rule: to deny a religious accommodation, an employer must show that the burden of accommodation “is substantial in the overall context of an employer’s business.”

Title VII prohibits employers with at least 15 employees from discriminating against employees and applicants on the basis of religion, as well as race, color, sex, and national origin. Religious discrimination includes the failure to reasonably accommodate an employee or job applicant’s religious observance or practice, unless the employer can show that accommodation imposes an “undue hardship on the conduct of the employer’s business.”

An accommodation is a change in the employer’s policies, practices, or the work environment to allow an employee to engage in a religious practice or observance. In Hardison, the Supreme Court held that the standard for assessing whether accommodating a religious employee’s request is an “undue hardship” is whether it would require an employer “to bear more than a de minimis cost.”

In Groff, the Supreme Court considered whether it should confirm the “de minimis test” for undue hardship as stated in Hardison or use a new test. In a unanimous opinion, the Supreme Court created a new standard by which to review requests for religious accommodations. The Court held that an “undue hardship” exists when a burden is substantial in the overall context of an employer’s business, noting that this is a fact-specific inquiry. The Court defined a “hardship” as, at a minimum, “something hard to bear” and more severe than a “mere burden.”

Thus, an employer cannot avoid Title VII liability simply by showing that an accommodation would impose some sort of additional costs. The modifier “undue” means that the requisite burden must rise to an “excessive” or “unjustifiable” level. Interpreting “undue hardship” in this way is “something very different from a burden that is merely more than ‘de minimis.’”

Q. How much is the minimum wage in New Jersey?

A. Effective January 1, 2024, the New Jersey minimum wage for most employees is $15.13 per hour. You can find scheduled increases in the New Jersey’s Minimum Wage Chart.

Q. If I am a tipped employee, is my employer required to pay the minimum wage rate?

A. Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. The hourly rate is up to your employer; however, effective January 1, 2023, the required rate is a minimum of $5.26 per hour. If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference.

Q. When is overtime pay due?

A. Overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.

Q. Does my employer have to pay me overtime or double time for working on a holiday, Saturday, or Sunday?

A. No. Overtime must only be paid at a rate of time and one-half times the employee’s regular rate of pay for each hour actually worked in excess of 40 hours in the workweek.

Q. If I work 40 hours and get 8 hours of holiday pay for a total of 48 hours of pay for the week, does my employer have to pay overtime for the hours over 40?

A. No, unless the employee physically worked over 40 hours in the workweek. Only hours actually worked count towards overtime.

Q. Can my employer require me to work overtime?

A. Yes. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement.