Articles Posted in Employment Law

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Scott's Electric, Inc. was an electrical contracting business providing commercial, residential, industrial and farm services. Scott's employed Patrick Anderson, Adam Barton, Greg Boumont, Jason Richter, Michael Rick, Rick Schake, and Zach Scheeley as journeymen or apprentice electricians. In 2008, they filed claims with the North Dakota Department of Labor seeking unpaid wages from Scott's for travel time while driving company-owned vehicles. Their claims for unpaid wages spanned from April 1991 to March 2008. After investigating the claims, the Department notified Scott's of the wage claim determinations and requested payment of wages the Department determined to be valid and enforceable. After unsuccessful efforts to collect the unpaid wages, the Department took assignments in trust for wages from the claimants and brought this action to collect the unpaid wages, penalties and interest. After a bench trial, the district court ruled in favor of the Department and awarded a judgment for unpaid wages, penalties and interest against Scott's for $149,551.03. Scott's appealed. Concluding the district court's findings of fact were not clearly erroneous and the court did not missapply those facts to the controlling law, the Supreme Court affirmed. View "North Dakota ex rel. Storbakken v. Scott's Electric" on Justia Law

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Roger Frith appealed a district court judgment affirming an order of Workforce Safety and Insurance ("WSI") denying him medical benefits. In September 2010, Frith filed a claim for a work injury, alleging that on August 18th or 19th he hurt his back at work while lifting and moving a large desk backwards up some stairs. Frith was working for DMI Industries. In June 2011, WSI denied Frith's claim for benefits, concluding he had not proven that his condition was causally related to a work injury or that his work activities substantially accelerated the progression or substantially worsened the severity of his preexisting spine condition. WSI found the medical records reflected a pre-existing condition which exhibited symptoms well before Frith alleged he injured his back at work. The Supreme Court affirmed, concluding a reasoning mind could have reasonably concluded Frith failed to show his work activities substantially accelerated the progression or substantially worsened the severity of a preexisting condition. View "Frith v. WSI" on Justia Law

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Workforce Safety and Insurance appealed a district court judgment affirming an administrative law judge's order finding William Snook and other similarly situated welders were independent contractors. The Supreme Court affirmed, concluding the ALJ's findings of fact were supported by a preponderance of the evidence and the conclusions of law were supported by those facts.View "WSI v. Larry's On Site Welding" on Justia Law

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Dennis Whedbee appealed a district court judgment affirming Workforce Safety and Insurance's ("WSI") binding dispute resolution denying Whedbee's request for a myoelectric prosthesis and approving a body-powered prosthesis. Whedbee argued the binding dispute resolution was an abuse of discretion and violated his due process rights. He argued that WSI should have selected an independent medical examiner located closer to his residence and that his treating physician's opinion should have been given controlling weight. Finding no reversible error, the Supreme Court affirmed. View "Whedbee v. WSI" on Justia Law

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A Job Service claims deputy issued an initial determination that Kenneth Risovi misrepresented facts in order to obtain unemployment benefits, which he was not eligible to receive. Job Service disqualified Risovi from receiving unemployment benefits from November 4, 2012, to October 26, 2013. Risovi appealed the determination. Finding no reversible error, the Supreme Court affirmed. View "Risovi v. Job Service" on Justia Law