Nebraska News & Analysis

  • CDC: To mask or unmask? That is the question

    The Centers for Disease Control and Prevention's (CDC) newest recommendations, allowing people vaccinated for COVID-19 to stop wearing masks in many situations, raise numerous questions for employers. They include how to know if your employees are vaccinated and when to respect the wishes of those who want to stay masked.

  • ICE extends relaxed rules for viewing I-9 documents

    Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees' I-9 documents remotely. In 2020, ICE first announced it would provide employers with flexibility to view the documents as a precaution against COVID-19. The new extension is effective until August 31, 2021.

  • 8th Circuit ruling offers window into work investigation, documentation best practices

    A former Andersen Corporation employee failed to establish the essential elements of a variety of claims against the company, the U.S. 8th Circuit Court of Appeals (which covers Iowa, Minnesota, Nebraska, North Dakota, and South Dakota employers) recently ruled, affirming the dismissal of the case by the U.S. District Court of the District of Minnesota. The ruling highlights the importance of investigating misconduct allegations and documenting disciplinary actions.

  • North Dakota declines to adopt at-will employment exception for use of self-defense

    In North Dakota, employment is presumed to be "at will," meaning an employer has the right to terminate an employee at any time, with or without cause or notice. The North Dakota Supreme Court has recognized limited public policy exceptions to the doctrine in the past, and recently, it addressed whether an exception should extend to a law enforcement officer's use of self-defense. The court declined to adopt such an exception, inviting the legislature to adopt one instead if it so chooses. Read on to find out more details about this case and its implications for North Dakota employers.

  • What employers can learn from Iowa negligent credentialing case

    Negligent credentialing lawsuits arise when a patient who has been injured in a hospital sues the medical provider for malpractice and the hospital for credentialing the physician. Negligent credentialing can go by many names, including corporate negligence, negligent selection, and negligent peer review. In the employment law world, the closest equivalent would be negligent hiring and negligent supervision claims. With that in mind, let's look at a recent negligent credentialing case decided by the Iowa Supreme Court.

  • Employer's attendance policy outweighs former employee's ADA, FMLA claims

    Regular attendance at the worksite can be an essential job function, the 8th Circuit recently reminded employers, upholding the termination of an employee who had violated the employer's attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) claims.

  • Nondisparagement agreements have teeth in Iowa

    Nondisparagement agreements, particularly if all parties are represented by legal counsel, have teeth and are enforceable in Iowa via court action. For example, the Iowa Court of Appeals recently issued an opinion about sanctions in a case originally involving a dispute between an employer and an employee. Because of drama unfolding in the court filings over the years, the case has been the subject of several news stories. The lesson for employers, however, can be found not in the drama but rather in the court's decision.

  • Special shift assignments can affect FMLA's 'hours worked' component

    As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring alternative solutions to recruit and retain employees. Read on to learn how one employer's move to offer shift differentials interplayed with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

  • Employers beginning to navigate the age of workforce ecosystems

    It didn't take a pandemic to get workforce experts thinking about the future of work. Freelancers, gig workers, remote workers, and others who don't fit the traditional 9-to-5 mold have been playing important roles for years. The pandemic did, however, spark more thinking about the best ways to acquire, retain, and benefit from various kinds of talent.

  • Looking to hire? Luring candidates not what it used to be

    It didn't take a pandemic to get workforce experts thinking about the future of work. Freelancers, gig workers, remote workers, and others who don't fit the traditional 9-to-5 mold have been playing important roles for years. The pandemic did, however, spark more thinking about the best ways to acquire, retain, and benefit from various kinds of talent.