South Dakota News & Analysis

  • Can I tell employee to please shut up? Well, it depends

    Sometimes the schoolteacher refrains "everyone be quiet" or "back to your corners" can feel like an excellent tool for managing employees. Be aware of the pitfalls, however, when you ask them to avoid certain topics of conversation or behave in a particular way.

  • How to conduct proper workplace investigations

    Last month, we discussed the sigh of relief you can breathe now that the National Labor Relations Board (NLRB) has held employers may require confidentiality during workplace investigations (see "NLRB approves of confidentiality in workplace investigations"). The sharp inhale may return, however, when trying to determine how to handle the investigation. When an employee complains she has been harassed or faced discrimination or retaliation, an investigation must ensue. But what does that look like?

  • Fired administrator's USERRA claims rejected because of insufficient evidence

    The U.S. Court of Appeals for the 8th Circuit (whose rulings apply to all Iowa, Minnesota, Nebraska, North Dakota, and South Dakota employers) recently affirmed a ruling by the U.S. District Court for the District of Nebraska in a case brought by a military veteran against his former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The veteran accused his employer of discriminating and retaliating against him because of his service in the military and his attempt to exercise certain statutory rights.

  • Was it an accident or a crime? Healthcare workers' duty to report injuries

    Healthcare providers, especially hospitals and clinics, routinely deal with people who are injured, but when is a patient's injury reportable? It depends on the circumstances. For example, if a person shows up at the hospital with a facial laceration because he hit a deer with his car, his injury doesn't need to be reported to the authorities. But if someone comes in with a facial laceration because he was punched, his injury might have to be reported. Let's take a closer look.

  • Lack of conclusive evidence does not undermine termination's lawfulness

    The 8th Circuit recently affirmed that employers facing discrimination charges don't need to prove they were right to prevail—they merely need to show they acted in good faith.

  • Ready for the future of recruiting? AI in the spotlight

    Some tout the use of artificial intelligence (AI) in hiring as a means of quickly and efficiently screening job applicants and, perhaps more important, removing human bias from hiring. But others point to AI doing just the opposite—actually introducing bias into the process. Regardless of the pros and cons, employers need to realize AI isn't going away and is instead gaining ground in various facets of the workplace.

  • Sorting out rules on joint employment: DOL, NLRB, EEOC all involved

    Figuring out when a joint-employment arrangement exists can be like traveling a dusty, winding road. When will the dust settle, and where will the road go? Those questions haven't been completely answered. One answer became clear in January when the U.S. Department of Labor (DOL) announced its final rule on joint employment. But the National Labor Relations Board (NLRB) also is at work on the issue, and the Equal Employment Opportunity Commission (EEOC) is working on a rule. Here's a look at where the issue stands.

  • Is 'OK, Boomer' age discrimination? Supreme Court might tell us

    Life may be a meme—or at least it may seem that way sometimes, especially after a meme embodying intergenerational conflict recently worked its way into arguments in an age discrimination case before the highest court in the land. At oral arguments in Babb v. Wilkie, Chief Justice John Roberts asked one of the advocates if using the phrase "OK, Boomer" during the hiring process was age discrimination.

  • Dress code tips inspired by JLo and Shakira's halftime show

    Is it just me, or did JLo and Shakira's halftime performance at the Super Bowl receive more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was magnificent and empowering, while others derided the show as a burlesque sequel to JLo's stripper role in the movie Hustlers.

  • Cutting-Edge HR

    Hiring trends over next decade identified. Recruiting and job review site Glassdoor has mined its worldwide trove of job and hiring data and created a list of eight HR and recruiting trends for 2020 and the coming decade: (1) Artificial intelligence will get a seat in upper management, (2) 2020 will begin a culture-first decade for employers, (3) companies will refresh hiring playbooks ahead of a potential recession, (4) employers will further prioritize diversity and inclusion jobs, (5) recruiters will adapt as 65 and older Baby Boomers become the fastest-growing workforce, (6) more people will find their next job on a mobile device, (7) Brexit will threaten tech hiring in the United Kingdom, and (8) the 2020 election cycle will unleash companies political side.