Employing workers can lead to a wide range of legal issues, including complying with employment laws, developing and enforcing workplace policies, and responding to employee legal claims. Your business deserves to have experienced legal counsel helping you navigate these challenges and providing you with trustworthy legal advice grounded in business reality. That’s exactly what Kennelly Business Law provides for companies in eastern North Dakota and western Minnesota.
Whether you have an employment law matter you need help resolving or you’re looking for guidance with your business practices, contact us today for an initial case review with a skilled employment law attorney. Let us help you create the outcome you need to succeed in North Dakota’s fast-paced business environment.
Employment Laws Affecting North Dakota and Minnesota Businesses
At Kennelly Business Law, our attorneys advise companies in eastern North Dakota and western Minnesota from our office locations in the Fargo-Moorhead area, Valley City, and Wahpeton. You can turn to us regarding many types of employment law matters including:
Wage and Hour Laws
North Dakota’s wage and hour laws align with the federal Fair Labor Standards Act. The state requires companies to pay workers at least the minimum wage of $7.25 per hour. However, employees who customarily and regularly receive tips can receive a minimum wage of $4.86 per hour if the tips they receive cause their hourly wages to equal or exceed the standard minimum wage. Wage and hour laws also require employers to pay non-exempt employees overtime at one-and-a-half times their regular rate of pay for all hours worked over 40 in a workweek.
Employers must provide employees with a pay stub on each payday that lists the employee’s pay rate, the hours they worked, and any deductions from the employee’s total pay, such as income tax withholding or authorized recurring deductions for health insurance premiums or union dues.
Discrimination, Harassment, and Retaliation Laws
State and federal laws also prohibit discrimination, harassment, or retaliation in the workplace. Under federal law, Title VII of the Civil Rights Act prohibits discrimination or harassment on the basis of race, color, national origin, sex/gender, sexual orientation, or religious belief. The Age Discrimination in Employment Act bars employers from discriminating against workers 40 and older on the basis of their age. The Americans with Disabilities Act also prohibits employment discrimination against employees with disabilities or perceived disabilities and requires employers to make reasonable accommodations for an employee’s disability that allow them to perform the essential functions of their job.
Protected Leave Laws
The federal Family and Medical Leave Act requires covered employers to provide unpaid, job-protected leave to qualifying employees. Qualifying employees can take up to 12 weeks of leave in a 12-month period for protected reasons, such as:
- The birth of a child
- Placement of a child through adoption or foster care
- To care for an immediate family member with a serious health condition
- To seek treatment for a serious health condition that renders the employee unable to perform their essential job functions
Other federal laws also provide job-protected leave, such as the Uniformed Services Employment and Reemployment Rights Act, which requires civilian employers to reemploy active-duty, Reserve, and National Guard servicemembers who must take qualifying time off to perform military service.
Workers’ Compensation Laws
Employers in North Dakota must purchase workers’ compensation insurance from Workforce Safety & Insurance to provide coverage for employees who sustain a work-related injury or illness. The workers’ compensation system entitles employees to no-fault financial benefits, meaning they do not need to prove that their injury or illness occurred due to the employer’s fault. Workers’ comp benefits provide employees with work injuries or occupational illnesses with partial reimbursement for lost wages due to missed work and coverage of medical treatment and rehabilitation for their injury or illness. Although workers’ compensation laws do not provide job protection, they do prohibit employers from retaliating against an employee who files a workers’ comp claim.
Employment Contracts for Businesses in North Dakota
Many companies require employees to sign contracts that govern the employer-employee relationship and establish the company’s and employees’ rights and obligations. Employment contracts can set the terms and conditions of employment, including changing the employer–employee relationship from at-will employment to contractual employment. High-level employees may also sign compensation contracts that govern the various forms of compensation executives or other key employees may receive, including base salary, bonuses, commissions, and equity compensation.
Employers may also require employees to sign various restrictive covenants, especially when employees have access to the company’s confidential information or customer and vendor relationships. Restrictive covenants can include:
- Confidentiality/non-disclosure agreements
- Non-solicitation agreements
- No-hire agreements
- Non-compete agreements.
Kennelly Business Law provides companies in the Fargo, Valley City, and Wahpeton communities with guidance on employment contract matters, including the drafting and review of these critical documents.
The Importance of Having Clear Workplace Policies
Businesses with employees typically need workplace policies to govern employees’ conduct while at work or performing their job duties. Employee policies can cover topics such as:
- Workplace harassment and discrimination
- Attendance policies and call-out procedures
- Leave policies
- Workplace technology policies
- Remote work policies for employees who have a hybrid or work-from-home arrangement
- Drug and alcohol policies
- Social media policies
Companies must regularly review and update their workplace policies to keep up with changing state and federal laws and evolving best practices. Companies can also use prior employee issues to inform changes that strengthen workplace policies. At Kennelly Business Law, our experienced lawyers can help your company develop, review, and update workplace policies for your employees.
Employment Litigation and Dispute Resolution
When employers and employees disagree about key elements of their relationship, they may need to pursue claims against each other through litigation. This can happen when an employee accuses their employer of harassment or discrimination, or when an employer claims that an employee has violated restrictive covenants. Employment litigation can also involve administrative investigations and proceedings, such as those involving the North Dakota Department of Labor and Human Rights, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Labor.
Employment contracts may also require employee disputes to go through mediation or arbitration. However, federal law restricts the enforceability of employee arbitration agreements in certain circumstances, such as sexual abuse or harassment claims.
The attorneys at Kennelly Business Law can defend your company’s rights, interests, and reputation if you face litigation or administrative proceedings concerning your current or former employees.
Why Choose the Employment Law Attorneys of Kennelly Business Law?
Employment law matters can have serious consequences for businesses, and they should not be approached without experienced legal representation. If you run a business in Minnesota or North Dakota, choose the employment law lawyers at Kennelly Business Law to help your company address legal issues involving your workforce because:
- Our attorneys have been recognized by our peers and clients for the high quality of our work. Attorney Chris Kennelly has received listings in North Dakota Super Lawyers from 2023 through 2025 and also earned the highest AV rating from peer-review service Martindale-Hubbell. Attorney Ben Williams also earned a listing as a Super Lawyers Rising Star from 2021 through 2024, while attorney Jeff Gunkelman also received a listing as a Rising Star in 2022.
- Our law firm calls North Dakota home. Our families have lived here for generations, and we come from a long line of business owners and operators. We care deeply about the business people of our community and we have dedicated our careers to helping them achieve their goals.
- We strive to earn our clients’ trust, which has led many of the businesses we work with to return to our law firm for help with the various legal issues they face. Our clients choose to work with us because of our reliability, trustworthiness, knowledge, and empathy.
Contact Our Law Firm Today to Discuss Your Company’s Employment Law Needs
Trust the attorneys of Kennelly Business for legal advice grounded in business reality. Contact us today to discuss your case with our Fargo employment law attorneys during a confidential consultation.
