EEOC’s 10/25/2021 Updated Technical Assistance Regarding COVID-19 Vaccination Religious Exemption Requests Really Doesn’t Change Much

On October 25, 2021, the EEOC issued updated guidance related to COVID-19: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”  You can find the updated guidance here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws.

The new guidance adds section L.1 through L.5 dealing with Title VII and religions objections to COVID-19 vaccine mandates. In my opinion, the updated guidance does not change much and should really be more of  a re-affirmation of what you are already doing.

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Back to the Basics

Some of you probably know that my father is the former head football coach of the LSU Football Tigers.  My Dad used to tell me that if you take care of the basics: knowing your assignment, blocking, and tackling, the wins will usually follow. In HR, like football, there are some basic concepts that we really need to get right if we are going to be successful.  (Have you ever seen a more tortured segue from football to wage and hour law?)

One of the basic concepts that I have recently seen employers neglect is that an employee can almost never qualify as exempt from overtime under the FLSA if they are not paid on a salary basis.  Over time, deductions from salaries seem get implemented without anyone noticing that they are jeopardizing the exempt nature of the position.

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