Author: North Dakota Employment Law Letter

Alcohol abuser creates dilemma for employer

by Caren W. Stanley Q We have an employee in a high-risk, safety-sensitive position who recently admitted to extreme alcohol abuse. We are now concerned that he, his colleagues, and our company are at risk because we can’t depend on his work. We’d like to discharge him, but we’re unsure of the legal risks.  A […]

Rude isn’t racist: Supervisor’s alleged poor treatment doesn’t amount to discrimination

by Carrie Pond A Kentucky federal court recently dismissed a claim of hostile work environment racial harassment because the employee failed to show the harassment was race-based. Despite allegations that, if believed, demonstrated the employee’s supervisor “treated [her] very badly,” she failed to establish that the treatment was racially motivated.   Facts Marilyn Harris, who is […]

Vermont approves highest state minimum wage in country

by Sophie Zdatny On June 9, Governor Peter Shumlin signed House Bill 522 into law, making Vermont the first state to approve a minimum wage above the $10.10 goal set by President Barack Obama. As of January 1, 2015, Vermont’s minimum wage will rise to $9.15, from its current level at $7.25. The minimum wage […]

DOL issues proposed rule on $10.10 minimum wage for federal contractors

U.S. Secretary of Labor Thomas E. Perez announced a proposed rule on June 12 that will raise the minimum wage for workers on federal service and construction contracts to $10.10 per hour. The proposed rule implements the executive order President Barack Obama announced on February 12. The proposed rule provides guidance and sets standards for […]

NLRB rejects common handbook policies barring ‘negativity’

by Brian R. Garrison The National Labor Relations Board (NLRB) has been focusing its attention on policies in nonunion companies’ employee handbooks, finding certain policies violate the National Labor Relations Act (NLRA) by restricting employees’ ability to engage in protected concerted activity. Continuing that trend, the NLRB recently found that work rules barring employees from […]

Class of 2014: Will new grads fill employers’ needs?

The 2014 wave of college graduates has hit the employment shore, providing employers with a flood of eager applicants ready to put their newly acquired skills to work. But are they landing on solid ground or shifting sand? Some statistics indicate the terrain is more stable than in recent years, but the road is still […]

In the heat of the moment, it’s best to look before you leap

by Dan Oswald My mother often said to me, “Look before you leap.” She was warning me to stop for a second and think before I threw myself headlong into whatever it was I was considering. That’s because out of her four children, I was probably the most impulsive. Let me reword that—I was the […]

Virginia broadens unemployment eligibility for transferred military spouses

by Rachael E. Luzietti A new Virginia law taking effect on July 1 will make more military spouses eligible for unemployment benefits. Senate Bill 18, which was proposed by Senator Mamie E. Locke (D-Hampton), provides that “good cause” exists if an employee leaves his job to accompany a spouse on active military duty who is […]

Beating the Heat

Last week, basketball royalty and media-superstar LeBron James was forced to make an early exit from Game 1 of the NBA Finals due to severe leg cramps. The King’s cramps were due in large part to the malfunctioning air-conditioning system at the AT&T Center, home of the San Antonio Spurs. Combined with the Texas summer […]

Hiring new and young staff this summer? Think safety first!

By Deanah Shelly A few summers ago, Ontario employers were surprised by a monthlong young worker safety inspection blitz. During the blitz, Ontario Ministry of Labour inspectors visited 2,024 workplaces across Ontario and issued 5,862 orders. Of those, 105 were stop-work orders, forcing workplaces to stop production until they complied with the listed requirements. On […]