Articles About North Dakota Labor And Employment Law.

On November 13, 2020, the State of North Dakota implemented several mitigation strategies to reduce the spread of COVID-19. First, North Dakota interim State Health Officer Dirk Wilke issued State Health Officer Order No. 2020-08. Second, Governor Doug Burgum issued Executive Order 2020-43.

North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota Student Association to facilitate students’ access to their Personally Identifiable Information (“PII”), and to

This summer, the NC Legislature passed the North Carolina Farm Act of 2017 (“Farm Act”). The law amended an existing statute by countering indirect unionization tactics and protecting farmers against having to collect union dues. This week, the Farm Labor Organizing Committee (“FLOC”), a union, filed a lawsuit in federal court in North Carolina challenging the Farm Act.

The North Dakota Supreme Court upheld a judgment finding two employees of SolarBee, Inc., a North Dakota corporation that manufactures solar-powered water circulators, liable for a total of $621,800 in damages for breaching a non-compete agreement while still employed. The Court’s decision in SolarBee, Inc. v. Walker, No. 2012015 (June 24, 2013), is a reminder that employers are not completely without legal remedies in North Dakota, a state which generally bars restraints on solicitation or competition after employment ceases. (See North Dakota Century Code, Section 9-08-06.)

North Dakota has one of the fastest-growing workforces in the country as the result of recent advances in extracting natural gas and oil. As more employers seek to hire in or transfer employees to the Peace Garden State, many are surprised to discover that North Dakota law prohibits non-compete agreements. North Dakota Century Code Section 9-08-06. It is perhaps better well known that California also prohibits non-competes. California Business and Professions Code Section 16600.

North Dakota residents voted on November 6th to expand the statewide ban on smoking in enclosed public places and places of employment to include bars, hotel rooms and other locations previously exempt from the law’s coverage. When “Measure 4” takes effect on December 6, 2012, it also will prohibit smoking within 20 feet of the entrances and exits of buildings and require that building owners and employers take certain actions to ensure smoking does not occur on their premises.