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North Dakota

Appeals court rules against health-care employee who refused vaccine

02/04/2019
The ADA prohibits employers from forcing employees to undergo medical testing before being offered a job. Employers should always be prepared to justify testing before requiring employees to participate.

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

8th Circuit refuses to entertain sweeping expansion of religious discrimination claims

01/02/2019
The EEOC has argued that merely requesting a religiously based reasonable accommodation is protected activity and that any adverse employment action that follows may be retaliation for making the request. But the 8th Circuit declined the invitation.

Travel reimbursements could be FLSA wages

01/02/2019
Under IRS rules, employers that provide a payment for travel expenses in lieu of requiring proof that workers incurred expenses don’t have to withhold taxes or contribute to and remit Social Security taxes based on the payment. But the Fair Labor Standards Act treats such payments differently.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

8th Circuit just made it easier to negotiate settlements

10/29/2018
Getting court approval for settlements just got easier in the 8th Circuit. The court said it’s not inclined to second-guess agreed-upon settlement details.

Dollar General discounted employee’s USERRA reinstatement rights, now may have to pay

10/29/2018
USERRA allows returning service members to request reinstatement by any means, and employers can’t restrict how they ask.

Business necessity can justify criminal ban

10/29/2018
A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Employee who complains isn’t immune from discipline

10/25/2018
Employers can’t retaliate against employees who file discrimination or harassment complaints. But that doesn’t mean you can never discipline those employees.

Fire if manager falsifies employee hours worked

10/25/2018
Time clocks and other time-tracking systems are designed to ensure workers receive all the pay they are entitled to. Manipulating those systems can easily lead to huge back-pay awards.