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North Dakota

How to thwart bias lawsuits: Have supervisor who did the hiring also handle firing

06/20/2013
Here’s a tip that can help prevent successful termination lawsuits: Set up your system so that the same individual or individuals who make hiring decisions also make the final termination decisions. It will help you prevail in court if the fired employee tries to sue you for discrimination.

Discovered wage-and-hour irregularities? Act fast to fix

05/09/2013
When it comes to paying hourly employees for all hours worked, the best policy is to fix any mistakes as soon as you can. Chances are, doing so will reduce your liability down the line.

Ensure supervisors understand they must be alert for FMLA scenarios

05/09/2013
Employees don’t always know to ask specifically for FMLA leave. Some may not even know they are entitled to time off for a serious health condition. But that doesn’t mean you can ignore the obvious and discipline a worker for missing work when it’s clear he or she may be entitled to FMLA leave.

When rude boss spouts off, expect little sympathy from juries

03/21/2013
A supervisor’s foul temper can alienate employees—and wind up costing an employer big bucks.

Clearly label delivery fee ‘not a gratuity’

03/15/2013
If your business delivers food and adds a small delivery charge, make extra sure customers understand the fee is not a gratuity.

Quest for ‘new blood’ could bleed bank account if it results in huge punitive damages award

03/15/2013
If you place an older worker who has complained about age discrimination on a performance improvement plan  that is essentially impossible to complete, watch out! You’re setting yourself up to pay out huge punitive damages—even if the employee winds up winning just a modest retaliation verdict.

Whistle-blower isn’t doing her job? Feel free to discipline

03/15/2013
Here’s an important reminder when management gets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.

Clairvoyance not required to ID need for FMLA

03/15/2013

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

Don’t try to guess reasonable accommodations

03/15/2013
Employers have no obligation to try to anticipate if a disabled employee needs reasonable accommodations. It’s up to employees to ask for accommodations help.

Ask your attorney about class-action waivers

02/20/2013
The 8th Circuit Court of Appeals has ruled that an employee who previously agreed to waive her right to file a class-action overtime lawsuit does indeed have to rely on individual arbitration of her claim.