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 Drew Hushka Can law enforcement order a person to unlock his or her phone or electronic device?  That question has perplexed courts for years.  Generally, a search warrant allows law enforcement to search a device without violating the Fourth Amendment.  But, as countless legal procedurals have informed the public, the Fifth Amendment grants persons…

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 Matthew S. Dearth, Esq. In our previous article, we discussed lawful protest, unlawful assembly, and riot in North Dakota. Here, we examine the difference between North Dakota’s laws governing riot, and the laws of Minnesota. Unlawful Assembly in Minnesota Minnesota laws governing unlawful assembly are significantly different from North Dakota. While Minnesota also has…

By Matthew S. Dearth, Esq. The last two weeks in America have been chaotic and tumultuous, as millions of citizens rise up in protest in reaction to the death of George Floyd, and express concerns with widespread police brutality. In most major U.S. cities, protests are peaceful demonstrations. However, there have also been widespread reports…

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. …

Attorneys Jon Brakke and Caren Stanley will speak on June 3, 2020 at the Agricultural Law & Bankruptcy Law Virtual Seminar sponsored by the State Bar Association of North Dakota. They will lead a discussion of recent Chapter 11 commercial and agriculture-related cases in North Dakota and outline the “Top Five Things I Wish I…

By Criminal Defense Practice Group Doctors, lawyers, electricians, therapists, plumbers, nurses, and dozens of occupations are governed by licensing standards.  In most instances of allegations of law violations, professional licenses are not subject to adverse action unless the violation has a direct bearing on the person’s ability to serve in the specific occupation or trade. …