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North Dakota

COBRA coverage continues even if carrier changes

09/22/2016
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Loading freight is key to FLSA exclusion

09/22/2016
Some positions aren’t covered by the Fair Labor Standards Act because they are specifically excluded and covered by other laws – for example, the Motor Carrier Act.

Good worker, bad attitude? Fire if you must

08/15/2016
You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

FMLA leave and evidence acquired after the fact

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

Your new litigation danger: Conspiracy charges against rogue managers

02/12/2016

If managers somehow collude to discriminate against an employee, that may be grounds for a conspiracy lawsuit. It happened in a recent case.

Exempt or nonexempt? That depends on actual duties, not title or job description

02/12/2016

Don’t expect a quick ruling when challenged on whether and employee has been properly classified as exempt or nonexempt.

Applicant selling himself short? That’s no reason to pay him less

11/13/2015

Sometimes, applicants don’t know how much money to ask for. That’s especially true if their target employer isn’t open about salary ranges or how much it is willing to pay for a particular job. What should you do if an applicant is asking for less money than the position potentially pays?

Courts grow impatient with class-action suits

10/28/2015

For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.

Be prepared to comply with Minnesota’s requirement to explain involuntary termination

10/28/2015

Minnesota employers have to walk through a minefield in order to terminate someone. Consider, for example, what might happen if the newly discharged employee asks for a written explanation of her termination. Offer one that’s less than honest, and you may be violating Minnesota’s Section 181.933.