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Q. An employee requested an accommodation for a medical issue. We asked her to provide a note from her medical provider regarding the need for accommodation. She brought in a note but it’s unclear what the physician is trying to say. What should we do?
A bill requiring hospitals and other health care facilities to meet target nurse-to-patient ratios has made it out of a Minnesota House of Representatives committee. The Standards of Care Act requires hospitals to meet staffing levels recommended by professional nursing specialty organizations.
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.