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North Dakota

Being placed on improvement plan isn’t automatic proof of poor performance

03/29/2017
Don’t expect a court to simply take your word for it that an employee was doing a poor job.

ADA claims can live on even after death

02/16/2017
A federal appeals court has decided ADA disability discrimination claims can continue even though the employee has died.

Accommodate disability, insist on performance

01/18/2017
Smart employers make reasonable accommodations without too much hassle, and they still keep an eye on disabled employees’ performance to make sure they’re successfully doing their jobs.

Good records help win discrimination cases

12/22/2016
Employers that keep good records seldom lose when an employee claims he was fired for discriminatory reasons.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016
A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.

Always consider disability accommodations

11/14/2016
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

Motor Carrier Act limits OT for interstate truckers

10/17/2016
Generally, truck drivers who engage in interstate commerce are covered by the Motor Carrier Act rather than the Fair Labor Standards Act as far as compensation and working conditions are concerned.

OK to voice concern about age as long as you don’t base termination decision on it

10/17/2016
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Union accepted practice? That kills FLSA claim

10/17/2016
In a rare case showing that there may be some benefit to having a unionized workplace, a court has refused to consider whether employees should be paid for time spent putting on and taking off protective clothing.