As a trying 2020 comes to an end, we see a glimmer of hope in the beginning of the new year with the release and distribution of the COVID-19 vaccine.  With the vaccine likely becoming widely available in the coming months, many employers are wondering:  Can I require that my employees get a COVID-19 vaccination? …

Yesterday, the State of North Dakota announced an extension of its statewide mask mandate until at least January 18, 2021.  Here is what North Dakota businesses and employers need to know about the mask mandate. Mandatory Face Coverings In general, the state order requires that all workers (including owners, proprietors, employees, contractors, vendors, volunteers and…

By Lisa Edison-Smith As North Dakota employers deal with staff shortages due to COVID-19, the CDC has given some potential relief by offering alternatives shortening quarantine periods in some instances.  The CDC announcement is aimed to reduce staffing shortages and economic hardship caused by lengthy quarantine periods on businesses and individual workers. The CDC had…

By Vanessa Lystad On August 3, 2020, a federal court in New York ruled that four parts of the Families First Coronavirus Response Act (“FFCRA”) regulations were invalid because they overstepped the U.S. Department of Labor’s (“DOL”) authority in promulgating the regulations. In response to this ruling, the DOL issued new regulations, which were published…

By Vanessa Lystad Employers are protecting employees’ health and safety from COVID-19 by requiring or encouraging work from home, but employers should also be aware that this arrangement may pose an unintended consequence:  employee burnout.  Employers may be wondering how to spot and address this burnout before it leads to greater issues.  Here are some…

By Vanessa Lystad and KrisAnn Norby-Jahner Employers everywhere are still grappling with the dizzying amount of information on what is recommended or required when it comes to COVID-19 in the workplace.  Here are some updates for North Dakota employers to help them navigate these issues: #MaskUpND Currently, in North Dakota, there is no statewide mandate,…

By Vanessa Lystad and Tatiana Hamilton Effective July 24, all Minnesotans are required to wear a face covering in indoor businesses and indoor public settings per the Executive Order of Governor Walz. This article explains how this Order affects businesses within Minnesota. Mandatory Face Coverings In general, the Order requires Minnesotans to wear a face…

By: Lisa Edison-Smith On June 15, 2020, in Bostock v. Clayton County, the U.S. Supreme Court ruled the federal civil rights law ban on employment discrimination “based on sex” applies to discrimination against individuals based on their sexual orientation or gender identity.  In a surprise 6-3 decision written by conservative Justice Neil Gorsuch, the Court…

By Employer Defense & Labor Law Practice Group Many employers are beginning to call back employees, who were temporarily allowed to telecommute, furloughed, or laid off in response to the COVID-19 crisis.  As a measure to protect the workforce, some employers may be considering mandatory COVID-19 testing of employees as a condition of their return. …

In the first part of this article series, we discussed the importance of developing and implementing policies to maintain a safe working environment.  Here are some additional tips to consider when reopening your business. Be mindful of permissible health screenings and questions. To reduce the spread of the virus to others within the workplace, it…