Employment Law

Defending Against ADA Lawsuits

Coauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. ADA Abuse. Enter ADA “drive-by” lawsuits.

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Fair Share Agency Fees Struck Down by the United States Supreme Court

In a decision widely expected, the United States Supreme Court on June 27, 2018 struck down state laws that compelled public sector union employees to pay “fair share” or “agency” dues. In Janus v. AFSCME, the Supreme Court held that laws compelling these dues from unwilling members violated the First Amendment by requiring employees to, in effect, pay for speech with which they do not agree. The Supreme Court held that unions representing public employees have to fairly represent these employees regardless of whether they were dues paying members. The Supreme Court summarized its view as follows: Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such..

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Attorney Scott Lepak Receives President’s Award

Barna, Guzy & Steffen, Ltd. is pleased to announce that Scott Lepak received the President’s Award from the National Public Employer Labor Relations Association. This award was issued in recognition of Scott’s outstanding service to the National PELRA and his contribution to public sector labor relations. “This award means a lot to me”, Scott said, “The National and Minnesota chapter of PELRA are wonderful organizations”. As the long time editor of the MPELRA newsletter (back when it was printed out and mailed!) and frequent speaker, Scott knows how valuable these organizations are to labor relations professionals in the public sector. In his 30 plus years as a labor lawyer and chief labor negotiator, Scott has seen and been part of the massive changes in this..

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New Associate Attorney Joins BGS

Barna, Guzy & Steffen LTD. announces the addition of a new associate to our firm. Tyler W. Eubank has joined the firm’s Litigation and Employment Law department. He will be working closely with attorneys practicing in the firm’s growing Litigation/Employment Law area serving existing clients and enhancing the firm’s ability to serve our community. We are happy to welcome Tyler back to BGS as he previously worked in our Litigation/Employment Law department as a law clerk while attending law school. After graduating and receiving his JD, Tyler worked as a Judicial Law Clerk for Honorable Tammi A. Fredrickson. Before attending law school, Tyler spent 6 years living and working in Taiwan as an English Teacher, Intercultural-Manager and Area Trainer. Tyler graduated summa..

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Scott Lepak Presenting on Mental Health and Addiction Issues

Nationally recognized BGS employment law attorney Scott Lepak is presenting today in St. Cloud today on mental health and addiction issues in the workplace.  Speaking at the Advanced Employment Issues conference for the Minnesota Counties Insurance Trust, Scott is providing his perspective and advice on this growing issue in the workplace.  “Advising on mental health and addiction issues in the workplace is a regular part of my practice”, Scott says, “Employers have become much more adept at dealing with mental health issues since the Americans with Disabilities Act was enacted in 1990.”  He added, “With the nationally recognized opioid problem, employers are now becoming more adept at recognizing issues arising from the illegal use of drugs.”  Scott notes that, while..

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