North Dakota

 

 

A contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person. ...


A contract to render personal service cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues...


One who officiously and without the consent of the real or apparent owner of a thing takes it into his possession for the purpose of rendering a service about it must complete such service and...


Every person who, by any use of force, threats, or intimidation, prevents any person employed by another from continuing or performing his work or from accepting any new work or employment,...


Every person who, by any use of force, threats, or intimidation, prevents another from employing any person, and every person who uses force, threats, or intimidation to compel another to...


Every person who maliciously interferes or hinders, in any way, any person from obtaining employment or from enjoying employment already obtained from any other person, is guilty of a class...


Repealed by S.L. 1975, ch. 106, 673. [Repealed] ...


Repealed by S.L. 1991, ch. 365, 1. [Repealed] ...


Repealed by S.L. 1975, ch. 106, 673. [Repealed] ...


Repealed by S.L. 1991, ch. 365, 1. ...


Repealed by omission from this code. ...


Repealed by omission from this code. ...


Repealed by S.L. 1975, ch. 106, 673; 1975, ch. 296, 1. [Repealed] ...


Repealed by omission from this code. ...


For the purposes of this section, the word employer includes every person, firm, partnership, corporation, limited liability company, the state of North Dakota, and all municipal...


All suits and actions for the recovery of overtime, damages, fees or penalties accruing under laws respecting the payment of wages, and specifically under the Act of Congress known as the...


The right of persons to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization, and all contracts in negation or abrogation of...


As used in this section, actual representation expenses are only those actual expenses which are sustained by a labor union or labor organization in processing any grievance of a...


Whenever an employer requires an employee, or prospective employee, to take a medical examination, or furnish any medical records, as a condition of retaining or obtaining employment, the...


No person who has been convicted of any crime involving moral turpitude or a felony, excepting traffic violations, may serve in any official capacity or as any officer in any labor union or...


No person carrying on or conducting within this state any business requiring employees may refuse to hire, employ, or license, or may bar or discharge from employment, any individual solely...


Repealed by S.L. 1975, ch. 106, 673. [Repealed] ...


1. An employer may not discharge, discipline, threaten discrimination, or penalize an employee regarding the employee's compensation, conditions, location, or privileges of employment because:...


Except as otherwise provided by law, an employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he...


An employer, in all cases, shall indemnify his employee for losses caused by the former's want of ordinary care. ...


One who undertakes to do a service for another without consideration is not bound to perform the same unless it is entrusted to him at his own request, in which case he shall perform the...


One who, for a good consideration, agrees to serve another shall perform the service and shall use ordinary care and diligence as long as he is thus employed. ...


One who is employed at his own request to do that which is more for his own advantage than for that of his employer shall use great care and diligence therein to protect the interests of...


An employee shall comply substantially with all of the directions of his employer concerning the service upon which the employee is engaged except: 1. When such compliance is impossible...


An employee shall perform his service in conformity to the usage of the place of performance unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to...


An employee is bound to use a reasonable degree of skill unless his employer has notice of his want of skill before employing him. The employee is bound always to use all the skill he possesses...


Everything which an employee acquires by virtue of his employment, whether acquired lawfully or unlawfully or during or after the expiration of the term of his employment, except any...


An employee who receives anything on account of his employer in any capacity other than that of a mere servant is not bound to deliver it to him until demanded. An employee is not at...


An employee who has any business to transact on his own account similar to that entrusted to him by his employer shall give the latter the preference always. If an employee is entrusted...


An employee who is authorized expressly to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. ...


An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage caused to the latter thereby. Unless the service is gratuitous, the employer is liable to...


When a service is to be rendered by two or more persons jointly and one of them dies, the survivor shall act alone if the service to be rendered can be performed properly without the aid of...


1. An employer, or an employer's agent, who truthfully discloses date of employment, pay level, job description and duties, and wage history about a current or former employee to a...


 

Every employment is terminated by: 1. The expiration of its appointed term; 2. The extinction of its subject; 3. The death of the employee; or 4. The employee's legal incapacity...


Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: 1. The death of the employer; or 2. The employer's...


Unless the term of his service has expired or unless he has a right to discontinue his service at any time without notice, an employee shall continue his service after he has notice of the...


Every employment may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of his employment, in case of his habitual neglect of his...


Every employment may be terminated by the employee at any time in case of any willful or permanent breach of the obligations of his employer to him as an employee. ...


Repealed by S.L. 1961, ch. 233, 2. [Repealed] ...


An employee who quits the service of his employer for good cause and an employee who is dismissed by his employer for good cause are entitled to such proportion of the compensation which...



The commissioner of labor shall collect, systematize, and submit in biennial reports to the governor and the secretary of state in accordance with section 54-06-04 statistical details relating...


There is hereby created the North Dakota department of labor. All records, materials, supplies, and equipment used by the deputy commissioner of agriculture and labor in his official capacity...


Beginning January 1, 1999, the governor shall appoint a labor commissioner to administer the department of labor. The labor commissioner shall serve at the pleasure of the governor. ...


The commissioner of labor shall: 1. Improve working conditions and living conditions of employees and advance their opportunities for profitable employment. 2. Foster, promote, and...


A person beginning work or working as an independent contractor may apply to the commissioner to receive verification of independent contractor status. The commissioner, upon receiving...


Repealed by S.L. 1965, ch. 236, 15. [Repealed] ...


All public officers and all employers shall furnish to the commissioner of labor such information as the commissioner may request relating to their respective offices or businesses....


The commissioner of labor may employ necessary help and assistants for the purpose of administering and enforcing labor laws, rules, and regulations, and may fix their compensation and bonds....


In this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the commissioner of labor. 2. Employee includes any individual employed by an...


The commissioner has the power to: 1. Investigate and ascertain the wages and the hours and conditions of labor of employees in the different occupations in which they are employed within...


The commissioner, in the manner prescribed in this chapter, may ascertain and prescribe: 1. Standards of hours of employment for employees and what are unreasonably long hours for employees...


1. Employees who provide companionship services for individuals who, because of age or disability, are unable to care for themselves are exempt from any minimum wage and hour standards that may...


The commissioner may prepare, adopt, and promulgate rules and regulations to carry into effect the various provisions of this chapter and may make any rules and regulations which may be...


The state or a political subdivision of the state may provide for compensatory time for its employees if the state or political subdivision complies with the requirements of the Fair...


It is unlawful to employ in any occupation within this state: 1. Employees for unreasonably long hours. 2. Employees under surroundings or conditions, sanitary or otherwise, which may...


1. An employer may not require an employee to work seven consecutive days in a business that sells merchandise at retail. An employer may not deny an employee at least one period of...


Repealed by S.L. 1973, ch. 265, 1. [Repealed] ...


The commissioner may hold public hearings for the purpose of investigating any of the matters he is authorized to investigate under the provisions of this chapter. Such hearings must be held...


If, after having investigated the matter, the commissioner is of the opinion that any substantial number of employees in any industry are working for unreasonably long hours or are working...


In the report required under the provisions of section 34-06-09, the conference shall make recommendations on any or all of the following questions concerning the particular occupation...


Upon the receipt of any report from any conference held as provided in section 34-06-09, the commissioner shall consider and review the recommendations contained in the report, and may approve...


After the hearing provided for in section 34-06-11 has been held, the commissioner may make and render any order necessary to adopt the recommendations, carry the recommendations into effect,...


The commissioner, at any time, may inquire into the wages, hours, or conditions of labor of minors employed in any occupation in this state and may determine what are suitable wages, hours,...


Except as otherwise provided in this chapter, all questions of fact arising under this chapter must be determined by the commissioner. There may be no appeal from the decision of the...


The commissioner may issue to an employee whose productive capacity for the work to be performed is impaired by physical or mental disability, or to any student or learner enrolled in a...


Repealed by S.L. 1975, ch. 298, 1. [Repealed] ...


The commissioner, from time to time, shall investigate and ascertain whether or not employers in this state are observing and complying with his orders issued pursuant to the provisions of...


No employer may discharge or in any other manner discriminate against any employee because such employee has testified or is about to testify, or because such employer believes that the...


Any person who violates any of the provisions of this chapter, or any order, rule, or regulation issued pursuant thereto, is guilty of a class B misdemeanor. ...


Repealed by omission from this code. [Repealed] ...


The public policy of this state is declared to be that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to...


In this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the commissioner of labor. 2. Employ includes to suffer or permit to work....


No employer may discriminate between employees in the same establishment on the basis of gender, by paying wages to any employee in any occupation in this state at a rate less than the rate...


The commissioner has power and it is his duty to carry out the provisions of this chapter and for this purpose, the commissioner, or his authorized representative, has power to: 1. With...


Any employer who violates the provisions of section 34-06.1-03 is liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation...


Every employer subject to this chapter shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the...


Repealed by S.L. 1997, ch. 296, 1. [Repealed] ...


Any person who violates any provision of this chapter, or who discharges or in any other manner discriminates against any employee because such employee has made any complaint relating to...


No minor under fourteen years of age may be employed or permitted to work in any occupation except farm labor, domestic service, or in the employment of, and under the direct supervision of,...


A minor fourteen or fifteen years of age may not be employed or permitted to work in any occupation except farm labor, domestic service, or in the employment of, and under the direct...


Any person, firm, corporation, or limited liability company employing a minor who appears to be under the age of sixteen years and for whom an employment certificate is not filed as required...


An employment certificate must be in writing and must be issued by the minor's parent or guardian. The parent or guardian who certifies, or rejects, the employment certificate must file...


The age of a minor who desires an employment certificate must be proved by: 1. A certificate of proof of birth issued by the state registrar of vital statistics; 2. Documentary...


Repealed by S.L. 1993, ch. 351, 16. [Repealed] ...


Repealed by S.L. 1993, ch. 351, 16. [Repealed] ...


Repealed by S.L. 1975, ch. 299, 2. [Repealed] ...


Repealed by S.L. 1993, ch. 351, 16. [Repealed] ...


The employment certificate must state the date of birth of the minor, a description of the job duties and responsibilities of the minor, and must also be signed by the minor's parent or...


Repealed by S.L. 1993, ch. 351, 16. [Repealed] ...


Whenever it appears to the minor's parent or guardian, or the principal of the school which the minor attends, a principal in the municipality in which the minor resides, or the commissioner...


A minor fourteen or fifteen years of age may not be employed or permitted to work at any occupation, except in domestic services and at farm labor, before the hour of seven a.m. nor after the...


No minor fourteen or fifteen years of age may be employed or permitted to work in: 1. Any employment involving the use of any power-driven machinery; but this prohibition does not apply to...


A minor under sixteen years of age may be employed to act or perform in a theater or place of amusement if a permit so to do is obtained from the minor's parent or guardian and the commissioner...


The provisions of this chapter do not apply to newspaper or shopper carriers. This exemption applies to carriers engaged in making deliveries to subscribers' homes or to other newspaper or...


Peace officers may visit any business establishments within their several jurisdictions to ascertain whether any minors are employed therein contrary to the provisions of this chapter. The...


The commissioner of labor shall prepare all employment certificates necessary in the administration of this chapter, shall distribute such employment certificates to the school officers,...


In addition to the powers vested in the commissioner of labor by the provisions of chapter 34-06, the commissioner may issue general and special orders with reference to the employment of...


Any person who employs any minor contrary to the provisions of this chapter or of any order or regulation promulgated by the commissioner of labor as provided by law is guilty of an infraction. ...


For the purpose of the interpretation of the provisions of this chapter, the public policy of this state is declared to be that a worker of this state must be free to decline to associate with...


No court of this state may issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute except in strict conformity with the provisions...


Any undertaking or promise, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm,...


No court of this state may issue any restraining order or temporary or permanent injunction in any case involving or growing out of a labor dispute to prohibit any person or persons...


No court of this state may issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute, or...


The hearing required under the provisions of section 34-08-07 must be held only after due and personal notice thereof has been given, in such manner as the court shall direct, to all known...


The undertaking mentioned in section 34-08-08 constitutes an agreement entered into by the complainant and his surety upon which a judgment may be rendered against the complainant and his...


Whenever any court of this state issues or denies a temporary injunction in a case involving or growing out of a labor dispute, such court, upon the request of any party to the proceeding and...


In all cases arising under this chapter in which a person is charged with contempt in a court of this state, the accused shall enjoy the right to a speedy and public trial by an impartial...


The defendant in any proceeding for contempt of court arising out of matters covered by the provisions of this chapter may file with the court, prior to the hearing in such proceeding, a...


No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, may be held responsible or liable in any court of...


The state commissioner of labor has power to act as mediator, or to appoint any competent, impartial, disinterested person to act as mediator, in any labor dispute either upon his own...


The public policy of this state is declared to be that a worker is free to decline to associate with his fellows and is free to obtain employment wherever possible without interference or...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Any contract entered into between the employer and a labor union must be executed on behalf of the employer in the employer's true name and signed by the employer, or in case of a corporation...


The contract may be enforced by either party by an action commenced in the district court. In such action a labor union may proceed or be proceeded against under the name in which the contract...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...


In any strike in this state it is illegal for any person other than an employee of the particular establishment against which such strike is called or a local resident member of the...


Boycotting, secondary boycotting, and sympathy strikes are hereby declared to be against the public policy and against the peace and dignity of the state of North Dakota and are subject...


Repealed by S.L. 1953, ch. 216, 8. [Repealed] ...

No provisions of this chapter may be construed to mean that the state or any subordinate jurisdiction thereof or any board, commission, or department within such public jurisdiction is...


Whenever a public employer or the employing head of a board, commission, or department in the state service or in the services of any subordinate jurisdiction or whenever any union,...


It is the duty of such mediation board to hold public hearings to consider the matter in dispute or the grievance at any place in the state for state employee-employer disputes or grievances,...


The employer and the employees concerned shall in good faith study the recommendations so prepared by the mediation board, and if either party to the dispute or grievance after such...


The members of boards of mediation may not receive compensation for their work but they must be reimbursed for any actual or necessary expenses incurred in connection therewith, and the unit...


In this chapter unless the context otherwise requires: 1. Agency means any department, institution, board, or other similar body of state government, or any political subdivision within...


Except when on duty or acting in an official capacity and except as otherwise provided by state or federal law, no employee may be prohibited from engaging in political activity or be denied...


No employee may be denied the right to be a member of an organization of employees or be intimidated or coerced in a decision to communicate or affiliate with an organization. Public...


1. An employee may, without fear of reprisal, report in writing to their respective agency head, a state's attorney, the attorney general, or an employee organization the existence of: a....


Each state employee is, if otherwise qualified, entitled to work with that state employee's spouse. A state agency may not discriminate against an employee or an applicant for employment,...


An employee who is a party to a work-related grievance proceeding may be accompanied, advised, and represented throughout the proceeding by another employee or by a representative chosen by...


No employee may suffer a penalty or the threat of a penalty because that employee exercised rights under this chapter. ...


Nothing in this chapter disparages, impairs, or limits any other right or legal remedy of an employee. ...


A violation of the provisions in this chapter is a class B misdemeanor. ...


In this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the North Dakota commissioner of labor, his successor, or his duly authorized deputy....


Employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other...


1. It is an unfair labor practice for any employer: a. To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 34-12-02. b. To dominate...


1. For the purposes of this chapter, to bargain collectively means the performance of the mutual obligations of the employer and the representative of the employees to meet at reasonable times...


1. Representatives designated or selected for the purpose of collective bargaining of the employees in a unit appropriate for such purposes are exclusive representatives of all the employees...


The commissioner shall decide in each case whether in order to assure to employees the fullest freedom in exercising rights guaranteed by this chapter, the unit appropriate for the purposes...


1. The commissioner shall promptly fix a date for an informal conference upon due notice to all parties whenever a petition has been filed, in accordance with this chapter: a. By an employee...


Whenever it is charged that any person is engaged in or has engaged in any unfair labor practice, the commissioner shall investigate the charges informally and if it appears that an unfair...


The commissioner has the authority to promulgate reasonable regulations to effectuate the purposes of this chapter. ...


All proceedings hereunder and all appeals to the courts are governed by the provisions of chapter 28-32. ...



The commissioner is hereby designated as the official of the state of North Dakota authorized to receive copies of reports made to the secretary of labor of the United States by virtue of...


Repealed by S.L. 1983, ch. 82, 154. [Repealed] ...


This chapter may be cited as the North Dakota Labor-Management Relations Act. ...


As used in this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the commissioner of labor. 2. Employee means any person, whether employed...


A person may not open or carry on an employment agency if that person has a physical presence or location within the state, unless that person first procures a license from the commissioner....


Annually, every applicant for a license shall file with the commissioner a written application stating the name and address of the applicant, the street and number of the building in which...


All such licenses must be issued for a period of one year only, and the annual fees must be paid to the commissioner who shall promptly deliver them to the state treasurer, who shall deposit...


Every application for a license must be accompanied by a bond in the penal sum of five thousand dollars, with one or more sureties or a duly authorized surety company, to be approved by...


After an application for a license has been granted, a license must be issued to the applicant which must state the name of the employment agent, and, if a corporation, the names of the...


Every license, unless previously revoked, remains in force until one year after its issue, and every employment agent shall, upon payment of the amount of the license fee required and the...


If the commissioner finds that the employment agent has violated any of the provisions of this chapter, or has acted dishonestly in connection with his business, or has improperly conducted...


No license granted under the terms of this chapter is transferable, except with the consent of the commissioner. No employment agent may permit any person not mentioned in the license to...


No employment agent may open, conduct, or maintain an employment agency at any other place than that specified in the license without first obtaining the consent of the commissioner. Such...


Repealed by S.L. 1995, ch. 341, 6. [Repealed] ...


Every employment agent possessing a valid license shall post in a conspicuous place in a room used for business purposes in the employment office and which is open to the public, a...


Every licensed employment agent shall contract, in writing, with every applicant for employment for services to be rendered to the applicant by the employment agent, which contract must...


1. If an employment position terminates or the employee is fired or laid off before the end of ninety calendar days, the employee shall receive a refund of all service charges paid in excess...


Repealed by S.L. 1995, ch. 341, 6. [Repealed] ...


In addition to the foregoing sections governing specific classifications, the following shall govern each and every employment agent: 1. Every license, of whatever classification, must be...


Any person who violates the provisions of this chapter for which another penalty is not specifically provided is guilty of a class A misdemeanor. ...


Whenever used in this chapter, employer includes every person, firm, partnership, association, corporation, limited liability company, receiver or other officer of a court of the state, and...


Every employer shall pay all wages due to employees at least once each calendar month on regular agreed paydays designated in advance by the employer, in lawful money of the United States or...


Whenever an employee is discharged or terminated from employment by an employer, separates from employment voluntarily, or is suspended from work as the result of an industrial dispute,...


In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages less whatever the employee owes the employer which he concedes to be due and...


Every employer shall withhold from the compensation due employees those amounts which are required by state or federal law to be withheld and may deduct advances paid to employees, other...


It is the duty of the commissioner of labor or the commissioner's deputy to ensure compliance with the provisions of this chapter, to investigate as to any violations of this chapter, and...


Any employer who willfully refuses to pay the wages due and payable when demanded as in this chapter, or who falsely denies the amount thereof, or that the same is due with intent to secure...


When the commissioner reviews a potential employment relationship involving an independent contractor who has a valid identification number issued under section 34-05-01.4 and determines that...


The commissioner of labor or his deputy has the power and authority to take assignments of wage claims and claims for relief for penalties provided by section 34-14-09, without being bound by...


Whenever the labor commissioner determines that wages have not been paid and that the unpaid wages constitute an enforceable claim, the commissioner, upon request of the employee, may take...


In addition to his right to recover unpaid wages as provided in this chapter, every employee is entitled to recover from his employer: 1. Interest on the unpaid wages from the date the...


The commissioner of labor is authorized to issue such rules and regulations as necessary for the purpose of carrying out the provisions of this chapter. ...


The commissioner of labor may enter into reciprocal agreements with the labor department or corresponding agency of any other state, nation, or country or with the person, board, officer,...


The department of labor may, to the extent provided for by any reciprocal agreement entered into pursuant to section 34-14-11, or by the laws of any other state, nation, or country,...


The department of labor may, upon the written request of the labor department or other corresponding agency of any other state, nation, or country or of any person, board, officer, or...


As used in this chapter: 1. Department means the department of human services. 2. Employee means an individual who would be determined to be an employee under chapter 24 of the...


There is, within the department, a state directory of new hires. The state directory of new hires shall, in conformance with section 453A of the Social Security Act...


1. Except as provided in subsections 2 and 3, each employer shall furnish to the directory of new hires a report that contains the name, address, and social security number of each employee...


Each employer report required by this chapter must be made on a W-4 form, or, at the option of the employer, an equivalent form prescribed by the state directory of new hires. The report may...


A civil money penalty assessed under this chapter is payable fifteen days after service on the employer, by first-class mail, of notice of imposition of the civil money penalty. If an order...


A civil money penalty collected under this chapter must be paid into the state treasury for deposit in the general fund. ...


1. Information derived from employer reports received and maintained by the directory of new hires is confidential but must be made available for use by state agencies, in this state and...





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