Religion in the workplace: a constitutional right

We frequently receive questions regarding employers’ obligation to accommodate religion in the workplace—particularly as it deals with Sabbath observance. The following outlines important information that every employer should understand about Sabbath observance and the workplace:

• The Equal Employment Opportunity Commission has recognized that a claim to Sabbath work restriction may be brought by an individual based on his personal belief, even if he is not a member of any established group with rules about Sabbath work.
• Courts recognize that businesses activities may regularly involve Saturday and Sunday work. In these circumstances companies may be required to provide scheduling and/or unpaid leave accommodations.
• To be entitled to accommodation, an employee must make known his religious obligations to his employer and be reasonable in considering his employer’s good faith efforts to accommodate.
• An employee’s request must be based on religious observances, not on optional activities or convenience. Nevertheless, the law protects more than the observance of strictly mandated activities. For example, the law requires accommodation to attend a bar mitzvah, but does not require accommodation to allow an employee to prepare for a church social activity.
• The EEOC and several federal circuit courts have determined that an employer satisfies the duty of reasonable accommodation of a Sabbath or holiday request when it allows an employee to exercise a right to seek job transfers or shift changes with coworkers. However, where the employee’s religious objections include the view that to induce another employee to work in his stead on the Sabbath would be wrong, such trading opportunities would not satisfy the reasonable accommodation requirement.
• Employers are not required to make accommodation if that accommodation would result in an undue hardship on the conduct of their business. Factors in considering whether a requested accommodation will constitute an undue hardship include the size of the employer, the nature of the employer’s business, the type of accommodation required, the cost of the accommodation, whether the employee provided reasonable notice to the employer of the desired accommodation, and the composition and structure of the workforce.

Strategic planning: your roadmap to the future

Strategic planning is an integral management tool. To succeed in today’s chaotic business environment, the executive team must understand and adopt strategic planning as part of its regular methodology for doing business. For organizations unfamiliar with strategic planning, the best way to learn and implement the planning process is through practice.
BAI’s two-day Strategic Planning workshop will guide your executive team through strategic planning. This includes reviewing the organization’s mission and values, performing a SWOT analysis, identifying key results and forming an action plan to initiate and sustain necessary changes.

2013 Obamacare mandates

Now that implementation of the Patient Protection and Affordable Care Act (Obamacare) is poured in concrete, it is critical for employers to understand and comply with the administrative impact of the legislation. Below is a summary of the legislative requirements effective January 1, 2013:

• W-2 reporting for benefits provided during the previous year. Employers with over 250 W-2’s will be required to report the total cost of coverage under and employer-sponsored health plan. This information is intended to provide employees information regarding the actual cost of health insurance. The employer contribution is not taxable at his point.
• Flexible spending account contribution limits are reduced to $2,500 annually. This amount only applies to employee contributions and does not cap employer matching or other contribution programs.
• Medicare tax will increase for high earners. The current Medicare tax rate of 1.45% will increase to 2.35% for all wages over $200,000 for single filers, $250,000 for joint filers, and $125,000 for persons who are married filing separately. Employers are not required to consider the spouses wages or an employee’s wages at a second job. The tax would begin at the point the employee’s annual wages exceeds $200,000.
• First dollar coverage for women’s preventive care services is required. Companies will be prohibited for imposing co-payments, deductibles or other cost-sharing mechanisms for certain women’s preventive care services including contraceptive methods and counseling.

In addition to the January 1, 2013, changes, effective March 1, 2013, employers will be required to provide notices to employees regarding state health insurances exchanges which must be operational in 2014.

When was the last time you took the pulse of your organization?

When was the last time you asked your employees how they feel about working for you? The BAI employee opinion survey process is an invaluable tool that secures and analyzes employee perceptions on a variety of critical business issues. Not only does it generate the hard data required to make sound decisions related to successfully managing employees, it helps identify training needs, potential discrimination or harassment problems, perceived salary inequities, possible union organizing initiatives and a myriad of other issues that cost organization’s valuable time, attention and money.

Ultimately, the BAI employee opinion survey process creates greater employee commitment to the organization and its ongoing success by giving employees an opportunity to share their opinions and perspectives in a meaningful way.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.