The purpose of workplace accommodations is to assist employees in the performance of essential functions of their positions. If an employee is unable to perform those functions, with or without a reasonable accommodation, then the employee should not be able …
We’ll see you next week with another Wiley Reber Friday Update!
If an employment practice exists that an employer finds unfavorable, it will usually do its best at the bargaining table to give notice to the employee group that the practice is no longer in effect. Sometimes this is referred to …
Employers spent A LOT of time preparing for the new Earned Sick and Safe Time (“ESST”) law, which went into effect January 1, 2024. As with most new laws, the legislature has learned that there were some holes in the …
In Minnesota, you can always count on a few things every year: mosquitos, snow (oops), the Vikings being completely useless, and the Minnesota Public Employer Labor Relations Association (“MPELRA”) Winter Conference being a fantastic time! This year, we have an …
We spent A LOT of time discussing the changes to Minnesota’s Duty Disability law this last year. The new program is in full swing, and while not everyone is clear on how the program is going to work when it …
Grievance procedures include timelines for a reason. Arbitration is supposed to be a quick alternative to the trial process, so that the parties may resolve their issues and continue their relationship. However, it is always a difficult proposition for employers …
The hiring process for many public employers has changed in recent years with the reduction in applicants available. However, back in the post-recession era, employers had giant lists of candidates from which they could choose and used competitive examinations for …
Well, it took a while, but the U.S. Department of Labor has finally modified the “Final Rule” from January 2021, and returned to a “totality-of-the-circumstances” test. While this is simply a rule and not a regulation passed by Congress, it …
In employee performance management and discipline regarding employee speech, public employers must toe the line between regulating work performance and regulating employee speech on matters of public concern. In the case of Baker v. City of Woodbury, an employer was …
