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Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essential job functions. The employer then can choose which accommodation it prefers.
Q. We would like to ask all of our employees to sign arbitration agreements. However, in light of the 2011 U.S. Supreme Court decision in AT&T Mobility v. Conception, we would like these arbitration agreements to contain class-action waivers. How should we handle this process, given that we are in the transportation industry?
Q. We currently have 15 employees, but several work part time. Are we required to provide reasonable accommodations under the ADA or the MHRA?
The NLRB has been stung several times in recent months, but continues to sting back. First, a federal appeals court ruled that several board members had been illegally appointed. Then an NLRB decision favoring striking health care workers was overturned. Regaining its footing, the NLRB decided to punish a nonunion employer for discouraging unionization in its handbook.
A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided.
Employers that do business in several states often have a single employee handbook covering all workers at all locations. If that describes your organization, be careful about how you handle details like arbitration agreements.
Q. Is it true that all California employers are required to post a human trafficking notice?
A bill before the Minnesota House of Representatives would severely curb employers’ ability to force employees to sign noncompete agreements. The legislation, patterned after laws on the books in California and Montana, would ban a contract that prohibits a party from exercising a lawful, profession, trade, or business except under certain circumstances.
In a case decided the same day as UTSWMC v. Gentilello, MD
, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.
What striking workers say on the picket line is largely protected speech, even if it’s offensive. What’s said on the picket line is protected speech under federal law, not willful misconduct under Pennsylvania law.