Tag Archives: business lawyer

A Well Drafted Employee Arbitration Agreement Is Essential to Avoiding Costly Lawsuits

FLSA Lawsuits can cost employers significant amounts of money, both in defense costs and paying claims, however, there is a way to avoid these costly lawsuits. A well drafted arbitration agreement that covers actions brought under the Fair Labor Standards Act (FLSA), and other state/federal laws, is essential to avoiding several kinds of lawsuits. An arbitration agreement is an agreement that your employees sign which obligates them to bring their issues to an arbitrator you select, rather than to court. Employees who represent Plaintiffs in FLSA, and other, cases, rarely wish to pursue any action that involves arbitration, because it requires a significant investment on the part of the attorney in a type of case usually taken on contingency. The significant investment comes in the form of a filing fee for the arbitration. A filing fee for arbitration can cost that attorney ten times what bringing a lawsuit costs, and most Plaintiff’s attorneys are hesitant to invest that type of money up front, especially because under a contingency agreement they are only paid if they win. It is rare to find a Plaintiff’s Lawyer who wants to bring any type of case to arbitration because of cost, but also because arbitrators picked by employers tend to favor employers. Courts will enforce arbitration clauses, especially in FLSA lawsuits, but they must be written properly, and written to cover actions properly brought under the FLSA. An insufficient arbitration agreement, or a poorly written arbitration agreement, may not be enforced by a court. For help in drafting a proper arbitration agreement that a court can uphold contact Joshua Sheskin at Lubell Rosen’s Broward County Headquarters. – By: Joshua H. Sheskin, Esq., 954-880-9500JHS@LubellRosen.com.

 

Accommodating an Employee is Not Always Required Under the ADA and Other Federal Regulations

On Tuesday a Federal Court in New Jersey ruled that the Port Authority would not be subject to a lawsuit for discrimination based on their failure to accommodate a Jewish employee’s request not to work on the Sabbath and Jewish Holidays. This does not mean that employers are free to ignore an employee who asks for accommodations. Religious accommodations have different requirements based on what type of employer you are. Private employers face cases based on an employee’s religion infrequently by comparison to lawsuits filed for failure to accommodate an employee under the Americans With Disabilities Act (ADA).

In the instance of a failure to accommodate a disability, the same concept applies that caused the Court to dismiss the claim against the Port Authority. An employee must offer a reasonable accommodation to a disabled person under the Americans with Disabilities Act (ADA), if they are capable of performing the essential functions of that job with the accommodation. However, when the accommodation would have a significant negative impact on other employees with the same job, violate rights granted to employees under a collective bargaining agreement, or change the nature of the job, the law does not always require the employer to accommodate the employee. When these exceptions apply is a complex legal issue and getting it wrong can mean significant legal liability. For help determining whether or not you must grant an employee an accommodation, under the ADA, call Attorney Joshua Sheskin at the Broward County Headquarters of Lubell Rosen. – By Joshua H. Sheskin, Esq., 954-880-9500JHS@LubellRosen.com