From the time that S. Truett Cathy opened his first Chick-Fil-A in 1946, he made the decision to close his restaurants every Sunday to give his employees “an opportunity to rest, spend time with family and friends, and worship if they choose to do so.” When I heard the news that S. Truett Cathy passed away yesterday, his management philosophy reminded me of an employment law enacted by Texas lawmakers in 1993 requiring retailers to give their employees a weekly break for worship or rest.
Specifically, retail stores cannot force an employee to work seven consecutive days without giving the employee one day off to worship or rest. Like the ADA, retail stores must also accommodate the religious beliefs of employees unless it would impose an undue hardship on the business of the stores.
If a retailer denies an employee a day off to worship, they’ll need to hire a criminal lawyer to defend the Class C Misdemeanor that they could be charged with. If, however, the employee volunteers to work and signs a written statement to that effect, the employer has an affirmative defense to prosecution.
In my last post, I suggested that employers not set out on a mission discover each employees religious beliefs. This remains true in this setting as well. Retailers should consider giving employees a random day off, unless they request a specific day off. If an employee requests a specific day off, remember that you should accommodate the employee’s request unless it would impose an undue hardship on the store’s business.