Posts tagged employment compliance
New Ruling For Religious Employers Limits "Ministerial Exception" to Wage and Hour Claims

The California Court of Appeal recently waded into the First Amendment guaranty of separation of church and state in Su v. Stephen S. Wise Temple, decided March 8, 2019. The case arose when the California Labor Commissioner sued the Reform Jewish synagogue, Stephen S. Wise Temple, which operates a preschool, for failing to provide 10 minute rest breaks, 30 minute meal breaks, and overtime pay to its teachers, as required under California’s Labor Code. The Temple argued its teachers were exempt from the state’s law requirements under the “ministerial exception,” first developed by the courts in 1972 and universally recognized, including by the U.S. Supreme Court.

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California Employers face ever changing requirements in the second half of 2018—minimum wages are going up in certain cities arbitration agreements can include class action waivers, national origin discrimination expanded, and a new test to determine whether a worker is an “independent contractor” or an employee.

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