The Mandates On September 9, 2021, the Biden administration instructed OSHA to develop an Emergency Temporary Standard (ETS) requiring employers who are subject to OSHA regulations, with more than 100 workers, to either mandate vaccination that employees receive the COVID-19 vaccination or be subjected to weekly testing for the virus. The administration has also mandated…

Did you know… The U.S. Department of Labor announced today that it is withdrawing the “Independent Contractor Status Under the Fair Labor Standards Act” (FLSA) final rule issued under the previous administration on January 6, 2021. As anticipated, the new administration re-examined the previous rule and has withdrawn it after receiving approximately 1,000 comments in…

Did you know . . . In our last post, we informed you that President Biden recently signed into law the American Rescue Plan Act of 2021 (“ARPA”), which included a host of provisions affecting employers.  One significant mandate of the ARPA is the requirement for employers to offer 100% subsidized COBRA continuation coverage to…

Did you know . . .  On March 10, Congress approved the American Rescue Plan Act of 2021 (signed into law by President Biden on March 11). The Act contains several items of interest for employers, including: An extension of the tax credits for voluntarily providing paid sick and family leave under the Families First…

Did you know… The North Dakota Legislature reconvened last week after its mid-session break better known as “crossover.” House bills are now being considered by the Senate and Senate bills by the House. The House and Senate heard a number of employment related bills in the days leading up to the February 24 deadline to…

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…

Two bills before the North Dakota House of Representatives inspired by the COVID-19 pandemic were recently defeated. House Bill 1204 proposed an exemption to mask mandates in the workplace for medical or religious reasons, unless the employer determined wearing a mask was essential due to the nature of the employment setting. Although the bill failed …

We previously reported to you that a bill pending before the North Dakota legislature that would have prohibited most employers from enacting mandatory COVID vaccine policies. House Bill 1301 would also have provided immunity to employers from most COVID-19 lawsuits.  The House on a 77 to 15 vote resoundingly defeated HB 1301.  As a result,…

Did you know . . . The North Dakota legislature is considering a bill that would prohibit most employers from enacting mandatory Covid vaccine policies? House Bill 1301 would prohibit non-healthcare employers from mandating immunization for any communicable disease – including Covid-19 – as a condition of obtaining or maintaining employment.  The bill, if passed,…

Did you know . . . Although the North Dakota statewide mask mandate expired on January 18, 2021, the City of Fargo extended its mask mandate until at least February 18, 2021.  Both the North Dakota Department of Health and Centers for Disease Control (CDC) further continue to strongly recommend and encourage the consistent and…