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NO to HB 1608: The Redundant Day of Rest
GNDCTuesday, February 4, 2025HB 1608 is a proposed bill that mandates businesses to accommodate an employee’s request for religious leave for a full 24-hour period.
BOIL DOWN: It is a misguided expansion of government interference into the employer-employee relationship, and its impact would ripple across industries in ways its proponents either haven’t considered or simply don’t care about.
WHY HB 1608 IS BAD POLICY
Let’s be clear: this bill mandates that businesses accommodate an employee’s request for religious leave, without restriction, for a full 24-hour period. While respecting religious freedom is important, forcing businesses to comply with a law that removes any flexibility for operations is a dangerous precedent.
North Dakota already has strong employee protections. Let’s start with that thing --- Fair Labor Standards Act, it’s been pretty serious for the good part of a century. Couple this with ND Human Rights Act, pieces of ND Century Code, and a few Supreme Court rulings, this isn’t a rinky-dink toolkit.
But, this isn’t about fairness; it’s about government overreach. Businesses already work hard to accommodate employees’ personal and religious needs. This bill swings the pendulum too far, creating a scenario where employers have no recourse when faced with sudden, prolonged absences that disrupt business operations.
The Unintended (But Predictable) Consequences
Here’s how this policy will hurt our business climate.- Workforce Chaos: No limit on the number of days an employee can take off for rest or worship each week, allowing multiple consecutive days off with no employer recourse.
- Operational Mayhem: Industries that rely on shift work—healthcare, oil and gas, manufacturing—would face disruptions with no consideration for business needs.
- Legal and Financial Burdens: Employers face a $500 fine per violation, creating compliance challenges, especially for small businesses.
- Undefined “Emergency” Clause: The bill does not define what constitutes an emergency or what “reasonably avoided” means, opening the door to legal disputes.
- Conflict with Existing Agreements: No mention of how this would impact collective bargaining agreements or established workplace policies.
- Lack of Notice Requirements: Fails to reference FMLA’s standard notice provisions, meaning employees could request leave last minute, further disrupting scheduling.
Hey Legislators – let’s not prioritize mandates over common sense – let’s promote flexibility and trust that employers and employees are working together. Vote NO.Tell a Friend
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