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2021
- Denial of Work-From-Home Requests: A New Era of Discrimination?
- April Showers Bring
- Restrictions on Employee Social Media
- Can Employees Be Forced to Get the Covid-19 Vaccination?
2020
- Holidays...To Pay or Not to Pay, What is Required
- EEOC Update on COVID-19
- Protection of Employee Health Information
- Civil Rights Win for LGBTQ Employees
- OSHA Recordkeeping Requirements During the COVID-19 Pandemic
- The Line Between At-Will Termination and Wrongful Termination
- Regulating Firearms in the Workplace
- Social Media Use in Hiring
2019
2018
- What Not to Wear
- Vicarious Liability for Unlawful Harrassment
- Employee Surveillance & Union Formation
- A Lesson in Retaliation
- Employers May Sometimes Judge a Book By Its Cover
- Mind Your P’s and Q’s . . . and BFOQs
- Severance Agreements
- U.S. Department of Labor "Paid" Program
- Revisiting Records Retention
- Calculating the Regular Rate
- Independent Contractor or Employee?
2017
- Sexual Orientation Discrimination
- DRI Membership: It’s Personal
- Is Extended Leave a Reasonable Accommodation?
- Parental Leave
- Pay Disparity
- 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
2016
- 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?
2015
- "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!
2014
- 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
Feb 17, 2020
Although people have the right to possess firearms, many workplaces have enacted policies and procedures that prohibit employees from bringing firearms to work. It holds true that employers are free to prohibit firearms within the actual confines of the workplace, but what about the parking lot? There are several states, including North Dakota, that have passed laws that allow an employee to keep firearms in a personal vehicle in the parking lot, so long as it’s locked up and others do not have access to it.
The Law:
Under North Dakota law, a public or private employer may not prohibit an employee from keeping a legally owned firearm in the employee’s privately owned vehicle, so long as the firearm is locked inside the vehicle. Likewise, an employer may not prevent the employee from entering the parking lot or the employer’s place of business because the employee’s private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the employee’s vehicle. An employer may not inquire as to whether the employee has a firearm in their personal vehicle in the parking lot. Further, if the employer is informed that an employee has a firearm in their vehicle, the employer may not take any action against the employee, so long as the vehicle is privately owned by the employee and the firearm is lawfully owned.
It is important to note that North Dakota law does not give an employee carte blanche to possess or exhibit a firearm in the workplace. An employee must still remain in compliance with all other laws relating the possession and use of firearms. Moreover, they do not have any right to exhibit the firearm on company property for any reason other than a lawful defensive purpose.
There are also exceptions to the blanket prohibitions. These laws do not apply if the workplace is a public or nonpublic school, a correctional facility or institution, or a state hospital. Additionally, these laws do not apply if the property is used for activities involving national defense, aerospace, or homeland security, or if the property’s primary business involves the manufacture, use, storage, or transportation of combustible or explosive materials. Lastly, if the vehicle the firearm is being stored in is owned, leased, or rented by the employer, then these laws do not apply.
Any violation of these laws carries a potentially steep penalty. Any person damaged by a violation of the law has a right to bring a civil action to enforce their rights to recover any personal damage suffered. The prevailing party in a lawsuit brought under this section is entitled to costs and attorney fees.
The Takeaway:
Considering the great number of gun violence and mass shootings that have affected the United States over the years, the thought of allowing firearms on workplace property may be scary. Employers are encouraged to review any workplace policy addressing the possession of firearms to ensure compliance with North Dakota law. It is also important employees know if they carry a firearm with them in their privately owned vehicles the doors must be locked and the firearm should not be visible through the windows. Additionally, managers and supervisors should be educated on the North Dakota gun laws as they relate to the workplace.
Our Interest in Serving You:
Our law firm’s goal is to give understandable information and to foster discussion about real-life issues facing human resource professionals. If we are not achieving that goal or if you would like us to address other employment law issues, please email us at mcerkoney@ndlaw.com or amann@ndlaw.com. We promise to take your comments and ideas to heart.
Disclaimers
(Otherwise known as “the fine print”)
We make a serious effort to be accurate in these writings. These articles are not exhaustive treatises, though, so do not consider them complete or authoritative. Providing this information to you does not create an attorney-client relationship. Do not act upon the contents of this or of any article on our homepage or consider it a replacement for professional advice.
Marissa R. Cerkoney l Lawyer
2272 Eighth Street West l Dickinson, ND 58601
701.225.LAWS (5297) tel
701.225.9650 fax
Allison Mann l Lawyer
2272 Eighth Street West l Dickinson, ND 58601
701.225.LAWS (5297) tel
701.225.9650 fax
Regulating Firearms in the Workplace
The Second Amendment of the United States Constitution grants the people the right to keep and bear arms. No, I’m not talking about “bear arms” as in our fuzzy friends like Smokey or Pooh, and I’m not talking about “bare arms” as in ditching the long-sleeves as soon as summer hits. The right to keep and bear arms under the Second Amendment means that people have the right to possess weapons, such as firearms, for their own defense.Although people have the right to possess firearms, many workplaces have enacted policies and procedures that prohibit employees from bringing firearms to work. It holds true that employers are free to prohibit firearms within the actual confines of the workplace, but what about the parking lot? There are several states, including North Dakota, that have passed laws that allow an employee to keep firearms in a personal vehicle in the parking lot, so long as it’s locked up and others do not have access to it.
The Law:
Under North Dakota law, a public or private employer may not prohibit an employee from keeping a legally owned firearm in the employee’s privately owned vehicle, so long as the firearm is locked inside the vehicle. Likewise, an employer may not prevent the employee from entering the parking lot or the employer’s place of business because the employee’s private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the employee’s vehicle. An employer may not inquire as to whether the employee has a firearm in their personal vehicle in the parking lot. Further, if the employer is informed that an employee has a firearm in their vehicle, the employer may not take any action against the employee, so long as the vehicle is privately owned by the employee and the firearm is lawfully owned.
It is important to note that North Dakota law does not give an employee carte blanche to possess or exhibit a firearm in the workplace. An employee must still remain in compliance with all other laws relating the possession and use of firearms. Moreover, they do not have any right to exhibit the firearm on company property for any reason other than a lawful defensive purpose.
There are also exceptions to the blanket prohibitions. These laws do not apply if the workplace is a public or nonpublic school, a correctional facility or institution, or a state hospital. Additionally, these laws do not apply if the property is used for activities involving national defense, aerospace, or homeland security, or if the property’s primary business involves the manufacture, use, storage, or transportation of combustible or explosive materials. Lastly, if the vehicle the firearm is being stored in is owned, leased, or rented by the employer, then these laws do not apply.
Any violation of these laws carries a potentially steep penalty. Any person damaged by a violation of the law has a right to bring a civil action to enforce their rights to recover any personal damage suffered. The prevailing party in a lawsuit brought under this section is entitled to costs and attorney fees.
The Takeaway:
Considering the great number of gun violence and mass shootings that have affected the United States over the years, the thought of allowing firearms on workplace property may be scary. Employers are encouraged to review any workplace policy addressing the possession of firearms to ensure compliance with North Dakota law. It is also important employees know if they carry a firearm with them in their privately owned vehicles the doors must be locked and the firearm should not be visible through the windows. Additionally, managers and supervisors should be educated on the North Dakota gun laws as they relate to the workplace.
Our Interest in Serving You:
Our law firm’s goal is to give understandable information and to foster discussion about real-life issues facing human resource professionals. If we are not achieving that goal or if you would like us to address other employment law issues, please email us at mcerkoney@ndlaw.com or amann@ndlaw.com. We promise to take your comments and ideas to heart.
Disclaimers
(Otherwise known as “the fine print”)
We make a serious effort to be accurate in these writings. These articles are not exhaustive treatises, though, so do not consider them complete or authoritative. Providing this information to you does not create an attorney-client relationship. Do not act upon the contents of this or of any article on our homepage or consider it a replacement for professional advice.
Marissa R. Cerkoney l Lawyer
2272 Eighth Street West l Dickinson, ND 58601
701.225.LAWS (5297) tel
701.225.9650 fax
Allison Mann l Lawyer
2272 Eighth Street West l Dickinson, ND 58601
701.225.LAWS (5297) tel
701.225.9650 fax