Join us for our biennial employment law update! Ever-changing labor and employment laws and regulations are an endless challenge for HR professionals and business owners. That’s why every other year we offer our Vogel Employment Law Update, bringing you the latest information on new laws, regulatory changes, and recent state and federal court cases of…

The North Dakota Legislature recently passed Senate Bill 2388 which, in part, amends Section 19-24.1-34 of the North Dakota Century Code clarifying actions employers may take in disciplining employees who are medical marijuana cardholders. Prior to the bill’s passing, Section 19-24.1-34 stated that even if an employee is a medical marijuana cardholder, an employer may…

Mark Friese, Attorney became a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Mark became a Fellow took place recently before an audience of approximately 525 during the recent Spring Meeting of the College in Key Biscayne, Florida. Founded in 1950,…

The Federal Trade Commission (“FTC”) recently proposed a new rule that, if implemented, would ban non-compete agreements for workers.  The proposed rule would impact up to 30 million American workers and be a major change to federal law. The Federal Trade Commission Act prohibits “unfair methods of competition.” The proposed rule, called the “Non-Compete Clause Rule,”…

As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…

On April 29, 2022, Minnesota Governor Tim Walz signed into law the Minnesota Frontline Workers Payments Act (“The Act”) to serve as a thank you by providing bonus pay for COVID-19 frontline workers. Those who were employed for at least 120 hours in Minnesota in one or more of the eligible frontline sectors (discussed below)…

To our dedicated followers, if you are keeping score, we last reported that the U.S. Supreme Court temporarily blocked the Emergency Temporary Standard dictating larger employers implement a vaccine or testing mandate in its decision on January 13, 2022. (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate).  OSHA announced today that it is…

In our previous blog (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate), we updated you on the United States Supreme Court’s upholding of the Center for Medicare and Medicaid Services’ (“CMS”) rule, requiring all staff for certain Medicare-certified providers to be vaccinated. Prior to this decision, the CMS rule was temporarily enforceable in…

By Briana Rummel As healthcare providers make difficult decisions related to the COVID-19 pandemic, they may wonder if the decisions expose them to liability for professional negligence. In a recent article published in North Dakota Medical Association‘s the North Dakota Physician magazine, healthcare attorney Briana Rummel provides some guidance regarding COVID-19 immunity protections and limitations. Click the link…

Did you know . . .  On February 17, the City of Fargo extended its mask mandate through at least March 22.  For employers located in Fargo, this mandate means that face coverings are still required in all indoor workplaces, unless an individual is exempt, such as for a medical condition or disability that prevents…