North Dakota News & Analysis

  • Decade of data privacy: What CCPA and GDPR mean for your business

    As you fired up your computer after the holidays, you probably discovered your in-box was filled with e-mails about updated privacy policies. You may remember receiving a similar wave of e-mails in May 2018. While it might seem that companies made a collective New Year's resolution to update their privacy policies, all of those e-mails can be connected to two important data privacy regulations that will shape the global economy over the next decade.

  • Former UMD coaches' human rights and whistleblower claims ejected from court

    The Minnesota Court of Appeals dismissed Minnesota Human Rights Act (MHRA) and Minnesota Whistleblower Act (MWA) claims against the University of Minnesota because they were untimely and the MHRA's exclusivity provision applies both to procedures and remedies—meaning once the MHRA claim was dismissed, the identical MWA claim could not proceed.

  • Lessons for employers from extended EEOC litigation

    Lawyers love to follow the intricacies of litigation. We read court decisions and follow cases through trial like some people keep up with the latest happenings on their favorite TV dramas. Here's an overview of a case that began in Iowa and went all the way to the U.S. Supreme Court.

  • Employers cheer new rules for union elections

    The National Labor Relations Board (NLRB) recently announced new rules for representation case procedures that will come as welcome news to employers. Many of the changes revise the 2014 Obama-era Board's so-called "quickie" election rules, which imposed tight procedural deadlines and compressed timelines for scheduling elections. Relaxing many of the key deadlines should make it easier and less stressful for employers to respond and should allow for issues presented by petitions to receive more careful review. Let's look at the key changes to the representation procedures.

  • Coping with loss in the workplace requires more than just implementing a policy

    Perhaps no other subject in the workplace requires more sensitive treatment than the death of an employee. Bonds among people who work together every day can be strong, and coworkers can be left reeling from the loss of one of their own.

  • Hiring challenges persist despite effective recruiting and smart candidates

    Employers are getting used to dealing with an almost constant talent search. The postrecession economic growth over the past decade has spurred employers to create more jobs, and while that would seem to be good news, the challenge of filling those jobs is often daunting.

  • Employment law #10YearChallenge: What a difference a decade has made

    In early 2019, social media feeds were filled with "10-year challenge" posts. To participate, users posted photos of themselves from 2009 and 2019, side by side, with the hashtag "#10YearChallenge." As a new decade takes off, the challenge has gained traction again with celebrities like Reese Witherspoon and Caitlyn Jenner, athletes like Dwayne Wade and Shawn Johnson, and even your Aunt Susie, who wants to show off her drastic fitness transformation.

  • NLRB, EEOC confront workplace speech, profanity issues

    Although we rarely admit it, many concrete rules of law are based on intangible "legal fictions" that permit courts to impose some semblance of order on the chaotic world of human activity. One of the most enduring and controversial legal fictions is that in the hurly-burly of the mine and the mill—and the modern office complex—we should expect and excuse heated, even profane, racist and sexist language.

  • Cutting-Edge HR

    Political talk disruptive? 'Guardrails' can help. The Society for Human Resource Management's (SHRM) Politics at Work survey, released in November, reveals that 42% of respondents have personally experienced political disagreements at work, and 34% say their workplace isn't inclusive of differing political perspectives. What should you do about such disruptions? SHRM President and CEO Johnny C. Taylor, Jr. says companies shouldn't try to quash political conversations. "But what they can do is create inclusive cultures of civility where difference isn't a disruption," he says.

  • HR Technology

    Report says HR risks becoming irrelevant without modernization. A new report from KPMG finds that three in five HR leaders surveyed believe the HR function will soon become irrelevant if it doesnt modernize its approach to understanding the future workforce. One of the key findings highlighted in Future of HR 2020: Which path are you taking? centers on what the report calls HRs defining challenge: shaping the workforce. Fifty-six percent of the surveys HR respondents said that preparing the workforce for artificial intelligence (AI) and related technologies will be the biggest challenge.