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North Dakota

No discrimination if worker didn’t suffer adverse action

10/10/2013
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.

To pay or not to pay for donning & doffing?

10/10/2013
A few years back, the U.S. Supreme Court ruled that chicken processing employees had to be paid for time spent putting on and taking off special protective clothing before and after their shifts. Since then, numerous lawsuits have challenged “donning and doffing” pay practices. Now, the 8th Circuit Court of Ap­peals has provided a bit of clarification.

For OT, it’s the truck’s weight classification–not the load–that counts

09/16/2013

Employers have long relied on the truck weight classification—not the actual weight the truck is carrying—to determine whether a driver received overtime. That was recently challenged in a class-action lawsuit.

Don’t expect to get away with paying undocumented workers less than law requires

09/16/2013
In a case that shows courts are losing patience with employers that hire undocumented ­workers and then flout wage-and-hour laws, a federal court has zapped an em­­ployer almost $285,000 in unpaid wages and penalties, and another $150,000 to pay the former em­­ployees’ legal fees.

How not to handle a union movement

09/16/2013

It’s natural to feel betrayed and up­set if you have an open-shop workplace and find out some employees have invited outsiders to help organize a union. But if you handle the news badly, you may end up in the cross hairs of the NLRB before a single union vote is cast.

Not all FMLA mistakes will cost you in court

08/20/2013
What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013
Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Long ago comment won’t taint current legitimate disciplinary action

07/17/2013
Here’s some good news for em­ployers that promote an employee into a supervisory position not knowing she may have made racist comments in the past. As long as the new supervisor follows company disciplinary rules and HR carefully documents any performance and disciplinary problems, chances are the old comments won’t sink the em­­­ploy­­er’s defense of a discrimination claim.

Worry about disciplinary inequities from one supervisor, not every boss

06/27/2013
Yes, all employees are supposed to be treated equally when they break the same rule. But when courts compare discipline, they don’t do so across the entire organization. They focus on one supervisor at a time. Company-wide variations are normal and not absolute proof of discrimination.

Fair investigation all that’s needed to support discharge

06/24/2013
Employers don’t have to be absolutely right before disciplining an employee. They merely have to investigate first.