Lynn Block Joins Fremstad Law Firm

The Fremstad Law Firm is pleased to announce that Lynn Block has joined the firm. Lynn shares the values of the Fremstad Law Firm in putting clients first. Lynn has broad experience in trial and corporate matters. Lynn developed an expertise in employment law while in the trial division of Dorsey & Whitney LLP’s Fargo office, where she worked for 11 years. Lynn subsequently served as general counsel for a Chrysler Group subsidiary based in Fargo, where she handled all of the company’s legal needs and provided key support for the sale and post-sale transition of the subsidiary.

Serving Clients Throughout North Dakota and NW Minnesota

While our main office is in Fargo, the Fremstad Law Firm prides itself on representing clients throughout the region from Williston in the West to Minneapolis in the East. We have a Grand Forks office and will be expanding to offices in Valley City and Bismarck in 2012. If you have any legal needs in the region, do not hesitate to check with us.

Paid Time Off Law Changes

Effective August 1, 2011, state law regarding the handling of paid time off upon separation from employment has changed.

Previously, once paid time off was made available for an employee’s use, any unused portion of such time was considered wages upon separation from employment and was to be paid at the regular rate of pay earned prior to separation.

The newly added section of law, N.D.C.C. 34-14-09.2, specifies:

If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:

At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; The employee has been employed by the employer for less than one year; and The employee gave the employer less than five days’ written or verbal notice.

A New Required, but FREE, EEOC Poster re Genetic Discrimination

The Genetic Information Nondiscrimination Act of 2008 (“GINA”) is now in effect for employers of 15 or more. Under GINA, “genetic information” is defined as information about an individual’s genetic tests, genetic tests of family member of any individual, and “the manifestation of a disease or disorder in family members of such individual.”

The Act makes it unlawful for employers to discriminate based on genetic information in hiring, promotion, discharge, compensation, fringe benefits, job training, classification, referral, and other terms, conditions, or privileges of employment. Employers also may not classify, limit or segregate employees in any way because of genetic information that would deprive or tend to deprive an individual of employment opportunities or adversely affect their employment status. Employers are also prohibited from requesting, requiring, purchasing, or disclosing genetic information, except in limited circumstances. For instance, GINA allows covered entities to request or require “information . . . to comply with the certification provisions of” family medical leave laws and to conduct DNA analysis for law enforcement purposes. Retaliation against employees who exercise their rights under GINA, as well as harassment based on genetic information, is also prohibited. Harassment can include, for example, making offensive or derogatory remarks about an applicant or employee’s genetic information, or about the genetic information of a relative of the applicant or employee.

The Equal Employment Opportunity Commission has revised its required workplace posters to include the new GINA provisions as well as other recent updates to employment law. Employers can print free of charge a supplemental poster and post it alongside their other required postings. The supplement can be downloaded at no charge from the EEOC’s website at http://www.eeoc.gov/employers/upload/eeoc_gina_supplement.pdf. Alternatively, employers can print and post the EEOC’s November 2009 version of the “Equal Employment Opportunity is the Law” poster, which also is available at no charge on the EEOC’s website at http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf.

North Dakota Workforce Safety and Insurance Rates and Credits

Given the tight economy, it appears that “workers compensation” rates will likely continue to rise. If you haven’t already done so, however, there are opportunities to reduce your rates through North Dakota Workforce Safety and Insurance (WSI).

WSI has several programs including two newer programs that employers can participate in. These programs offer employers the flexibility to choose which programs will be most beneficial for them. WSI’s Safety Management Program (SMP) is designed to assist employers in developing or improving current safety management systems. A WSI Safety Consultant will conduct an assessment based on the SMP requirements and develop plans to assist employers in making improvements. Employers who successfully participate in WSI’s new Safety Management Program can receive a premium discount of 10%. WSI’s Safety Action Menu program is designed to provide employers with options to implement safety improvement programs. The employer has the option choosing the programs that will be most beneficial. Employers can receive a 15% premium discount by choosing to participate in a variety of (SAM) items that can each provide a 5% discount up to a maximum of 15%. WSI encourages employers to enroll in both the Safety Management Program and Safety Action Menu as both discounts of each program can be combined in the same premium period for a maximum discount of 25%.

If you would like more information or would like assistance with setting up policies or programs please contact us.