North Dakota News & Analysis

  • Up in smoke: North Dakota rejects recreational marijuana

    On November 6, voters in North Dakota went to the polling booths to vote on a number of measures. Quite possibly the most controversial was Measure 3, the Marijuana Legalization and Automatic Expungement Initiative, which sought to legalize recreational marijuana in North Dakota.

  • Can you keep a secret? How to handle 'confidential' employee complaints

    As we noted in the previous article, the #MeToo movement just turned one. And while its long-term effects on the workplace remain to be seen, it's commonly expected that increasing numbers of women (and some men) will be informing their employers about problems with sexual harassment.

  • Exit interviews—some do's and don'ts

    Why? That's usually the first question that comes to mind for managers and employees alike when news gets around the office that an employee has resigned. (Unless, of course, the resignation catches everyone by complete surprise and they first ask, "What?!") While you may never understand all the reasons an employee decides to move on, you can learn a great deal if you make proper use of an exit interview.

  • How to claim paid family and medical leave tax credit

    The tax reform law passed late last year contained a little-noticed tax credit for employers that provide employees paid "family and medical" leave and meet certain other requirements. While the IRS hasn't finalized regulations pinning down the specifics of the new credit, it recently issued some helpful guidance. Let's take a look.

  • Agency Action

    DOL launches initiative to strengthen H-2B compliance. The U.S. Department of Labors (DOL) Wage and Hour Division (WHD) in September announced a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the landscaping industry. The initiative includes providing compliance assistance tools and information to employers and stakeholders as well as conducting investigations of employers using the program. The WHD announced that last year, its investigations led to more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the landscaping industry. A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary nonimmigrant workers. The H-2B program permits employers to temporarily hire nonimmigrant workers from outside the United States to perform nonagricultural labor or services in the country. The landscaping industry employs more H-2B workers than any other industry.

  • Workplace Trends

    Survey shows attitudes about talking politics at work. Job search platform Indeed in September reported results of a survey of 2,000 U.S. employees showing that 20% of those workers felt the workplace wasn't politically censored enough. The research also showed that 54% were comfortable with the current amount of sharing of political beliefs at work. Just 10% of respondents said they believed the workplace needed more political talk. The survey found that 23% of the respondents felt certain groups were being silenced at work. Of those, 60% reported that the source of silencing was statements or actions of peers, and 40% said it came from statements or actions from leadership.

  • Top 5 tips for social media and technology management

    Social media and technology have changed every aspect of our working lives. They can be valuable tools for promoting a company's image, products, and services as well as increasing productivity. Unfortunately, the same tools can also be the catalyst that creates a negative effect on a company's image, products, services, and productivity, and improper use can lead to legal liability. Understanding how to properly manage social media and technology practices in the workplace is of the utmost importance in today's "plugged-in" working world. This article provides a "top 5 list" for proactive social media and technology management.

  • Employee who quit too soon loses sexual harassment claim

    Many of our clients express surprise when they receive a notice from the Equal Employment Opportunity Commission (EEOC) informing them that a former employee has filed a harassment or discrimination charge against them. Often, that involves one of two scenarios:

  • Don't forget to properly classify independent contractors

    You likely recall a time not so long ago when the improper classification of employees as independent contractors was the hot topic for the IRS and the U.S. Department of Labor (DOL). In 2011, the agencies entered into a "Memorandum of Understanding" in which they agreed to share information about potential misclassifications in an effort to crack down on the common practice. The DOL also entered into similar agreements with roughly 30 state departments of labor.

  • Agency Action

    OFCCP releases directives on equal employment and religious freedom. The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) in August issued two new policy directives, one focused on equal employment opportunity and the other addressing religious freedom. The equal employment opportunity directive calls for more comprehensive reviews of contractor compliance with federal antidiscrimination laws. The religious freedom directive is aimed at protecting the rights of religion-exercising organizations. The DOL said it is implementing a comprehensive compliance initiative that will include adding focused reviews to its compliance activities. The religious freedom directive instructs OFCCP staff to take into account recent U.S. Supreme Court decisions and White House Executive Orders that protect religious freedom.