On August 10, 2022, the South Dakota Supreme Court issued its opinion in the matter of Althoff v. Pro-Tec Roofing, Inc., 2022 S.D. 49, affirming, in part, and reversing, in part, the Third Judicial Circuit Court of South Dakota’s decision to deny both parties’ motions for summary judgment related to the employer’s alleged intentional
Employment Law
Is COVID-19 a compensable work injury under South Dakota law?
By Laura Hensley on
As the world is being overwhelmed with questions surrounding the pandemic of COVID-19, the potential implications across several areas of law have resulted in many calls to our office with one common question: If someone believes they contracted COVID-19 at work, is that a compensable workers’ compensation claim?
Under South Dakota law, an “injury” is…
South Dakota Supreme Court Limits Bad Faith Conduct in Workers’ Compensation Litigation
By Laura Hensley on
The South Dakota Supreme Court recently ruled in favor of an insurance company, marking an important and significant clarification in bad faith litigation in workers’ compensation cases. A recent decision by the South Dakota Supreme Court in Blanchard v. Mid-Century Ins. Co., 2019 S.D. 54, refused to extend the scope of bad faith liability…
Harvey v. Regional Health Network: Takeaways for the Employer and Advising Practitioner
By Lisa Marso on
Posted in Employment Law
In January, the South Dakota Supreme Court issued Harvey v. Regional Health Network, Inc., 2018 SD 3, 906 N.W.2d 382, wherein it affirmed summary judgment for the employer and dismissed the terminated employee’s claims for slander, malicious prosecution, intentional and negligent infliction of emotional distress (I/NIED), wrongful termination, breach of contract, and punitive damages. Harvey,…
Are You Complying with the Fair Credit Reporting Act (FCRA)?
By Laura Hensley on
Posted in Employment Law
When hiring a new employee, many employers request that a potential employee sign what is often referred to as a “Release,” which is used to initial a background screening process. However, there are strict federal rules to which an employer must comply when obtaining this information.
Section 604(b)(2) of the FCRA specifically provides that “…a…
Active Listening and Workplace Dispute Resolution
By Mike McKnight on
Likely the most important skill for a neutral to possess when trying to resolve a workplace dispute, or any dispute for that matter, is the ability to actively listen. While it might be logical to conclude that speaking and listening equally share the communication spotlight, this is not the case. Recent U.S. Department of Labor…
Developing a Workplace Dispute Resolution Policy
By Mike McKnight on
Preparing a workplace dispute resolution policy is not difficult, but it does require some thought by the employer and HR professional.
First and foremost, there needs to be some thought put into the decision regarding whether to even have such a policy. The primary motivating factor for nearly all employers is the time and cost…
Mediation and the HR Professional
By Mike McKnight on
My role as a “neutral”, to use the official jargon, necessitates that I am balanced in order to resolve conflict in the workplace and elsewhere. Some may joke that I am far from balanced, however, I take pride in my ability to be balanced when it comes to the subject of mediation or other forms…
Acosta Confirmed by Senate to Direct Labor Department
By Laura Hensley on
On Thursday, April 27, 2017, R. Alexander Acosta was confirmed by the U.S. Senate to head the Labor Department. Acosta served on the National Labor Relations Board under former Republican President George W. Bush, who also appointed him to be assistant attorney general in the Justice Department’s Civil Rights Division.
Prior to his role with…
Have a Rule? Make Sure It Is Actually Followed
By Laura Hensley on
I am sure that everyone has heard some version of the quote, “Rules are made to be broken.” As an attorney, this makes me cringe. Often times when I am reviewing a file or talking to an employer I note that there is a handbook, manual, policy or other form of rules reduced to writing.