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North Dakota

Details matter when documenting discipline

07/19/2017
Smart employers make sure they document—in advance—the underlying reasons for any disciplinary actions. When preparing documentation, be sure to provide all the details, especially if two employees committed arguably similar offenses but were punished differently.

Address job-hunting key employee with care

06/30/2017
If you learn a key employee is job hunting, you might be tempted to try to persuade him to stay. Be careful what you say. Asking the worker to stop looking and making even vague promises of continued employment may backfire if you have to terminate the employee later.

Vehicle modifications could jeopardize Motor Carrier Act overtime exemption

06/28/2017
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.

When bias charges loom, documentation proves discipline was warranted

06/28/2017
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.

Isolated comments not enough for lawsuit

06/28/2017
Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

OK to set high anti-harassment standard

06/28/2017
When it comes to preventing harassment, Title VII of the Civil Rights Act sets a minimum threshold for compliance. Employers are free to hold employees to a higher standard.

Tough economy no excuse for pay bias

05/17/2017
The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.

Courts won’t hold it against you: Take a chance on hiring raw candidate

04/19/2017
Taking a chance—hiring the minimally qualified applicant—may mean having to turn around and terminate him a short time later. That’s usually fine.

Isolated incidents don’t add up to harassment

04/19/2017
Courts don’t expect workplaces to be perfectly harmonious, without any hint of harassment. As long as the behavior doesn’t repeat or become progressively worse, courts generally hesitate to intervene.

Use last-chance agreements to show you’re fair about making termination decisions

03/29/2017
Sometimes, it makes sense to use a last-chance agreement in which an employee agrees that one more violation of a company rule will mean immediate termination.