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Although the Court's rulings on affirmative action and religious accommodation will have different short-term impacts, it is highly likely that each decision will give rise to new legal challenges.
The lawsuit was brought by a former Twitter employee who oversaw the company's employee benefits program on behalf of thousands of employees who were laid off after Elon Musk acquired the company in 2019.
Employers must now show that a requested religious accommodation would result in substantial increased costs in relation to the conduct of their business before denying the accommodation.
"We have recently seen an uptick in such challenges, and that trend may well accelerate in light of the Supreme Court's analysis and the media attention it has received," said Christopher Collins, a partner at Sheppard Mullin.
Most plan sponsors are monitoring regulatory changes, properly managing plan operations and have appropriate fund and investments offerings, but even with diligent effort, mistakes will happen.
A cautionary tale for businesses to avoid falling back on stereotypes when recruiting employees: Employers are paying big bucks in response to gender stereotype lawsuits from the federal agency.
The article argues that, given the federal government's endorsement of RBP and its proven efficacy in reducing employer costs and expanding participant options, it is now virtually impossible for a plan fiduciary to lawfully discharge their duties in accordance with ERISA without at least considering the implementation of RBP.
Oil and gas company field technicians, who worked 84 hours a week or more, were considered exempt from the federal law addressing overtime pay because they were primarily administrative employees.