by Julia Belagorudsky, Esq. “I would like to work from home one or two days per week. I have a medical condition, and it would be helpful to my situation if I could telecommute.” This is not an uncommon request, and while the answer, or at least what the answer that complies with the law, has never been black and white, it has recently become far less certain. This brief article explores the fundamental assessments an employer must make before responding to an employee’s telecommuting request. The Americans with Disabilities Act (ADA), the federal law governing the provision of “reasonable accommodations” for individuals with disabilities, does not mandate that the employer offer the exact accommodation requested by the employee.[1. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (2008). The ADA provides a right to a reasonable accommodation, but does not … [Read more...] about When An Employee’s Home Is His Castle… And His Office – Telecommuting And Employer Responsibilities Under the ADA
Litigation
Arbitration Clauses In International Commercial Disputes
Arbitration clauses contained in international commercial contracts – those involving parties domiciled in different countries and dealing with the cross-border supply and distribution of goods or services – are afforded more liberal construction by U.S. courts. Thanks to a United Nations Convention adopted by 144 countries, disputes arising out of or related to an international commercial contract containing a properly-drafted arbitration clause are highly likely to be arbitrated in the place specified in that clause, notwithstanding the creative legal maneuvers of an unwilling party. Surprisingly, the same cannot always be said of arbitration clauses in domestic commercial contracts. Courts Engage in Limited Inquiry Under UN Convention The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards[1. 9 U.S.C. §§201 et seq.; 21 U.S.T. 6997 (1970).] (the … [Read more...] about Arbitration Clauses In International Commercial Disputes