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North Dakota

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Prepare to justify any adverse employment action affecting members of the military

03/17/2014
Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.

Act fast on hostile workplace complaints–or prepare for costly, complicated lawsuit

03/17/2014
Employers that ignore the first or second complaint about a racially hostile workplace do so at their peril. The fact is, if you don’t do something to stop the harassment fast, it’s likely to get worse—much worse.

Court: Less than stellar review isn’t retaliation

03/17/2014
Proving retaliation is often easier than proving the underlying discrimination that was the basis for the original complaint. Still, an ordinary employer action—such as preparing a performance review that’s generally favorable—isn’t retaliation, even if the employee thinks he deserved a better review and more praise.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/07/2014
When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true. It’s not necessary for someone to have protected status to complain about harassment or discrimination.

Investigate all allegations of harassment, even those made by poor performers

02/19/2014

Just because an employee is doing a lousy job doesn’t mean she isn’t also being sexually harassed. Ignoring her complaints and focusing strictly on her performance may backfire if you terminate her. A jury may decide that harassment affected her performance or that, even if you fired her for legitimate reasons, she deserves compensation for the har­­ass­­ment she endured.

Argument in the workplace isn’t harassment

02/19/2014
Sometimes, employees lose their tempers. That’s unfortunate and you certainly should discourage it. But a loud or tumultuous argument between a supervisor and a subordinate isn’t necessarily grounds for a harassment lawsuit.

Testifying for fellow employee in race case provides retaliation protection

12/23/2013
Employees who testify in an internal investigation, an agency in­­vestigation or in court are protected from retaliation whether or not they belong to the same protected classification as the employee whose case their testimony supports.

OK to ask worker to cancel M.D. appointment; that isn’t the same as denying FMLA leave

12/23/2013
Taking time off for medical appointments is a legitimate use of FMLA leave if the treatment is related to a serious health condition. But that doesn’t mean that em­­­ployees can schedule those appointments whenever they want.

When employees violate anti-violence policy, make sure everyone is disciplined equally

10/29/2013
Nothing will get you in trouble faster than discipline that’s harsher for members of some classes than others. That’s especially true in cases where someone has been accused of violating anti-violence policies.