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ND HB1262
Bill
Status
1/11/2021
Primary Sponsor
Joshua Boschee
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AI Summary
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Expands whistleblower protections under N.D.C.C. § 34-01-20 to include employees reporting workplace violations of government health or safety policies or significant threats to health or safety related to public health emergencies.
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Adds protection for employees who voluntarily wear personal protective equipment providing higher protection than employer-issued equipment, if recommended by federal, state, or local public health agencies and does not impair job performance, except for peace officers and firefighters.
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Establishes civil action remedies including reinstatement, backpay (limited to two years), fringe benefits restoration, injunctive relief, and reasonable attorney's fees for prevailing parties in whistleblower violation cases.
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Requires complaints to the Department of Labor and Human Rights to be filed within 300 days after the alleged violation, but allows employees to pursue civil action within 180 days or after exhausting available grievance procedures.
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Amends N.D.C.C. § 34-11.1-04 to extend public employee whistleblower protections to include reporting concerns about workplace violations of government health or safety policies or threats to health or safety related to public health emergencies.
Legislative Description
Whistleblowers and public health and safety; and to provide a penalty.
Last Action
Second reading, failed to pass, yeas 13 nays 78
1/22/2021