In North Dakota, employment is presumed to be “at-will,” meaning an employer has the right to terminate an employee at any time, with or without cause or notice. The North Dakota Supreme Court has recognized limited...
Employment Law Letter
It was not an April Fools’ Day joke. On April 1 of this year, Coach Roy Williams announced his retirement from coaching basketball at the University of North Carolina. Not to be outdone, two months later, on June 2...
Arbitration agreement provisions stating the arbitrator’s decision cannot be reviewed by an appellate judge are enforceable under the Federal Arbitration Act (FAA), the U.S. 4th Circuit Court of Appeals (whose rulings...
In nearly all workplace injury cases, workers’ compensation laws provide the employee’s exclusive remedy. It’s still possible, however, for a New Mexico employer to be sued for damages by an employee who gets injured on...
Q An employee organized a mass “call in sick day” on social media and bad-mouthed the company. She also posted confidential financial information, including her coworkers’ pay rates. Can we fire her? A The posting of...
The U.S. District Court for the District of New Jersey recently upheld the dismissal of an employee’s discrimination and retaliation claims filed under the Family and Medical Leave Act (FMLA). The employee claimed she...
On June 8, the New Jersey Supreme Court affirmed the Appellate Division’s ruling that an employee asserting a failure-to-accommodate claim doesn’t have to establish separately that she suffered an adverse employment...
The 2021 Nevada legislative session has already brought changes to state employment law. Among the most noticeable developments is Assembly Bill (AB) 47, which amends the statute governing noncompete agreements. AB 47...
Claims filed under Title VII of the Civil Rights Act of 1964 require employees to demonstrate several specific elements to prove race discrimination, retaliation, hostile work environment, or constructive discharge by a...
It has been said consistency is more important than perfection. Though that is arguable in the legal world, the importance of an employer’s consistency cannot be overstated. A recent decision by the U.S. 5th Circuit...
Earlier this year, President Joe Biden issued an Executive Order (EO) directing the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) to develop an emergency temporary standard (ETS)...
As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring...
A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Minnesota employers) recently ruled...
Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an...
Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees’ I-9 documents remotely. In 2020, ICE first announced it would provide employers...