Did you know….Determining who is an “independent contractor” versus “employee” will be a hot topic item in 2021. The U.S. Department of Labor announced a new rule on January 6 that will likely be reexamined by the incoming administration before implementation. Re-examination may make it more difficult to claim independent contractor status. Stay tuned for…

As the nation processes the full impact of the breach of the U.S. Capitol building by protestors last week, the FBI is warning of potential armed protests in all 50 states over the next week.  Many of the participants in last week’s rioting in Washington, D.C. have been identified from video and photos, often posted…

Einstein once said, “Failure and deprivation are the best educators and purifiers.”  As we close the book on 2020 and look forward to finally . . . finally . . . making it to 2021, the moment seems right to pause.  Although Covid is far from over and social unrest over the election has shaken…

Did you know . . . The North Dakota Legislature convened for its 67th Legislative Assembly this week on January 5, 2021.  The state legislature only convenes every other year, and the session is limited to 80 legislative days.  Each assembly, the Legislature considers bills affecting employers, large and small, within North Dakota.  Stay tuned…

Did you know . . . The Families First Coronavirus Response Act (FFCRA), which requires emergency paid sick leave and expanded FMLA leave for employees’ COVID-related absences, is set to expire on December 31, 2020.  This means that covered employers will no longer be mandated to provide FFCRA leave to employees as of the start…

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: 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…