- Religious accomodation in the workplace
- Equal pay and prior salary information
- I quit! How to avoid constructive discharge
- You Can't Shred Email
- Navigating Unemployment Claims
- Considering Criminal History in Pre-Employment Decisions
- Defamation Claims from Former Employees
- Mixed Motive Causation
- Requesting Accomodation: Kowitz v. Trinity Health
- Antitrust Law in Human Resources
- An Evolving Standard: Joint-Employment
- What Does At-Will Employment Mean for Employers?
- Let's Talk About Wages
- THE FLSA: CHANGES ARE COMING
- Follow Up: Obesity and the ADA
- The Importance of Social Media Policies
- Is Obesity a Qualifying Disability under the ADA?
- Retaliation on the Rise: The EEOC Responds
- What Motivates You?
- "But I thought ...
- Who’s expecting? And what is he expecting?
- Are You Still Doing Annual Performance Reviews?
- Who is Your Employee?
- The unpaid intern trap Part II
- “We’ve been the victim of a cyber-attack”
- So, a Hasidic Jew, a nun in a habit and a woman wearing a headscarf walk into your office?
- The unpaid intern trap
- Pregnancy in the workplace
- Let's talk about honesty.
- "Did You Know" Series - Part I
- Conducting an Internal Investigation
- What HR can look forward to in 2015!
- The chokehold of workplace technology
- Does your company have trade secrets?
- North Dakota Construction Law Compendium for 2014
- Does the North Dakota baby boom affect you?
- Ban the Box? Why?
- The end of the world as we know it
- Everybody has an opinion
- Changes, Changes, Changes!
- Nick Grant presents at North Dakota Safety Council's 41st Annual Safety and Health Conference
- Email impairment: A potentially harmful condition
- Are Employers Required to Give Stressed-Out Employees Time Off?
- Can you obtain a credit report when investigating employee wrongdoing?
- Can’t we just sidestep the ACA?
- Should Your Employees Telecommute? Part III
- Should Your Employees Telecommute? Part II
- Should Your Employees Telecommute?
- Proper Investigation of Employee Misconduct
- Battles in the Wellness War
- Rules are rules! Aren’t they?
- What's going on in Bismarck
- A glimpse ahead
- Obesity as a disability under the ADA – reweighing the issue
- What’s next for your business under the Affordable Care Act?
- Criminal Background Checks
- Becoming a lawyer is a process, not an event [Section 5 of 5]
- Congress Says Yes To North Slope Energy Jobs Bill
- Test Your Knowledge of Social Media Policies and Employee Discipline
- Becoming a lawyer is a process, not an event [Section 4 of 5]
- What Every Employer Needs to Know About the NLRA
- Will the 2012 Elections Make A Difference
- Where There's Smoke...
- Dress Code Etiquette: Is Casual Friday Becoming Freaky Friday
- The Next Disaster May Be Yours
- Hostile Work Environment Claims
- North Dakota Employment Law Links
- There's An App For That
- Am I a “Business Associate”? Why Should I Care?
- Do You Recognize a Cat's Paw When You See One?
- Cell Phones Can Cost a Lot, Part II
- Becoming a lawyer is a process, not an event [Section 3 of 5]
- Cell Phones Can Cost a Lot, Part I
- The Economy - What HR Professionals Need To Know
- Becoming a lawyer is a process, not an event [Section 2 of 5]
- Three New Challenges For HR Professionals
North Dakota Employment Law LinksBy: Paul Ebeltoft
Many of us forget that there is a wealth of human resource information online. The trick is to know what information is helpful and which can mislead us, even unintentionally, to our detriment.
Of course, the Society for Human Resource Management’s site http://www.shrm.org/Pages/default.aspx is helpful and, in non-state specific ways at least, usually authoritative. However, even the SHRM® site contains the standard disclaimer that their material “is made available for informational and educational purposes only without representation or warranty of any kind,[and] is not a substitute for legal advice….”
The same admonition applies to this column. However, to ease some of the burden of finding guidance keyed to North Dakota law, I have created an index of the North Dakota Department of Labor site. I have included links to the more useful sections of the Administrative Code (often overlooked, even by attorneys). These will provide you a solid base from which to begin research. In a later article, I will provide the federal links that I find helpful.
It goes without saying, I suppose, but I will say it anyway. These are very general sources. The application of law to specific facts is vital to correct analysis. If in doubt, or to simply rest assured, seek the help of counsel experienced in employment law.
For information about:
• Minimum wage,
• Tip credit,
• Breaks and meal periods,
• Paid time off,
• Paydays and record keeping,
• Legal deductions from pay, and
• Unpaid wage disputes.
Go to: http://www.nd.gov/labor/wage/index.html
• Minimum wage and work conditions order in ND Admin. Code.
Go to: http://www.legis.nd.gov/information/acdata/html/46-02.html
• Minimum wage calculator
Go to: http://www.legis.nd.gov/information/acdata/html/46-03.html
For information about discrimination based on:
• National origin,
• Familial status,
• marital status,
• Receiving public assistance, and
• Engaging in lawful activity.
For information about discrimination in:
• Public accommodation,
• Public transport, and
• Credit transactions
Go to: http://www.nd.gov/labor/human-rights/index.html
For information about human rights practice and procedure under ND Admin. Code.
Go to: http://www.legis.nd.gov/information/acdata/pdf/46-04-01.pdf
For information about housing for older persons under ND Admin. Code.
Go to: http://www.legis.nd.gov/information/acdata/pdf/46-05-01.pdf
For information about youth employment laws
Go to: http://www.nd.gov/labor/youth/index.html
For information about independent contractor verification. (This is a process for voluntary verification of whether future or existing work relationships have independent contractor status).
Go to: http://www.nd.gov/labor/contractor/index.html
For information about retaliation
Go to: http://www.nd.gov/labor/retaliation/index.html
For information about employment agency licensing
Go to: http://www.nd.gov/labor/agency/index.html
For a general link to the ND Admin. Code, Title 46 (Labor Commissioner)
• General administration
Go to: http://www.legis.nd.gov/information/acdata/html/Title46.html
Reprinted with permission from an article submitted for publication in the July 2011 Southwest Area Human Resource Association newsletter.