Author: North Dakota Employment Law Letter

Hostile Work Environment: Employee Warned to ‘Find God’ or ‘Go to Hell’

Claims of unlawful religious discrimination under Title VII of the Civil Rights Act of 1991 may involve your unwillingness to reasonably accommodate an employee’s religious practices, oral or physical harassment, or unwelcome imposition of religious views or practices on an employee. A hostile work environment can exist when the workplace is permeated with discriminatory intimidation, […]

Deterring Intermittent FMLA Leave Abuse

by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]

It’s the Customer, Stupid

It’s hard to believe but 2009 is coming to an end. For many, 2009 can’t be over soon enough. For most businesses, it has been a challenging year. And while we’ve seen a rebound in the stock market, most companies are reporting earnings that, while they beat analysts’ estimates, are still significantly less than they […]

Double Trouble

Litigation Value: up to $5,000-7,500 to settle Erin’s sexual harassment claim; $2,000 for sexual harassment training (again); up to $10,000 to settle with Michael for failing to protect him from Pam’s slap … and Pam might be spending some of her own money on defending against Michael’s battery claim. This week on “The Office,” we saw our […]

Will Congress Require Paid Sick Days for Flu?

Congress Members Introduce More Paid Sick Leave Legislation – November 18, 2009 A U.S. House committee is set to consider a bill during the week of November 16 that would temporarily require employers to provide paid sick days for employees sent home or told to stay home from work because of the flu. U.S. Representative […]

House Health Reform Bill’s Impact on Employers

Update Dec. 16: COBRA Subsidy Extension Provisions Likely to Be Enacted As Part of DOD Appropriations Act By Ashley Gillihan and John Hickman Last week Nancy Pelosi (D-California), the Speaker of the U.S. House of Representatives, released a 1,990-page health care reform bill called the Affordable Health Care for America Act. The bill is a […]

Employers Need Understanding of Canadian Work Permits

By Lesli Sheinberg and Isabelle Dongier When do foreign workers need to obtain a Canadian work permit? The rules often are misunderstood, and that misunderstanding can lead to complicated situations for employers and foreign workers. Sometimes the workers learn of the work permit requirement only upon arrival in Canada, and that can result in many […]

Hot List: Bestselling “Business Motivation” books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, November 2, in the “Business Motivation” section of the “Business and Investing” category. 1. Presenting to Win: The Art of Telling Your Story, Updated and Expanded Edition by Jerry Weissman. Teaches presenters […]

OSHA Going for Record Fine Against BP

Signals that the U.S. Occupational Safety and Health Administration (OSHA) is ramping up enforcement became clearer with the levying of a record $87,430,000 proposed penalty against BP Products North America Inc. on October 30. The previous largest penalty, $21 million, was issued in 2005, also against BP, according to OSHA. OSHA levied the proposed penalty […]

Managing Employee Health Insurance Premiums under Revised FMLA Regulations

When an employee takes unpaid Family and Medical Leave Act (FMLA) leave, how do you legally manage his share of premiums for group health care coverage under the new FMLA regulations? What are the potential liabilities, and how can you avoid them? What are an employer’s rights? The answers to those questions are provided below. […]