Tag: South Dakota

Timing Is Everything: Returning Employees to Work After FMLA Leave

By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.

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FMLA: Termination Due to Restrictions During High-Risk Pregnancy

By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]

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FMLA: Does Texting Apply Under Call-In Policy?

By Steve Jones If you have an attendance policy that requires employees to follow a certain procedure to notify management of absences but you occasionally receive notice in a way that isn’t specified in the policy (e.g., a text instead of a phone call), you should make sure you’re consistent in accepting or refusing the […]

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South Dakota: Incumbent Rides Pelosi Coattails Out of Job

by Jane Pfeifle, Lynn, Jackson, Shultz & Lebrun, P.C. South Dakota voters overwhelmingly supported Republican candidates as they swept to victory in all of the state constitutional office races, including the governor’s race. On a national level, Blue Dog Democratic candidate Stephanie Herseth Sandlin lost her third-term bid for the state’s lone seat in the […]

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Making Sense of Scent Issues at Work

It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to […]

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Race Discrimination Claims Tossed Despite Offensive Conduct

Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]

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