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North Dakota

8th Circuit rules on preemption

11/14/2017
The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

Worker must object to harassment before suing

10/24/2017
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.

Establish—and follow—standard policy for releasing employee records

09/26/2017
It’s not unusual for former employees or their prospective employers to ask for copies of personnel records. Make sure you follow a consistent policy that regulates how, when and to whom such records may be released.

8th Circuit backs NLRB: What happens on the picket line stays on the picket line

09/26/2017
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.

Document policy details, decisions based on them

09/21/2017
Be sure to document the reason why you treat some employees differently than others. For example, if employees can’t take leave until they have completed a probationary period, clearly explain that in your handbook.

Court: State and federal law are not mutually exclusive

08/09/2017
The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.

Give contractors plenty of leeway, so it’s clear they are truly independent

08/09/2017
If you plan on using independent contractors to get work done, be sure to grant those workers a great deal of autonomy and freedom to do their work as they see fit. The less effort you make to control how and when they do their jobs, the better off you are.

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

08/09/2017
The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Employees can almost always wear union logos

07/21/2017
The National Labor Relations Act provides powerful support for employees who want to join a labor union. It generally permits employees to wear a union logo on their clothing at work. Punishing employees for doing so will often result in the filing of unfair labor practices charges.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.