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 party described as an independent contractor is an employee for purposes of wages, rather than an independent contractor, the commissioner may not require the party determined to be the employer to pay wages, in addition to those required by the contract, for that employee, or any interest, penalty, or delinquency fee with respect to those wages, retroactive to the date the relationship with the employee began, unless, however, the commissioner determines that the employer willfully and intentionally entered the relationship
with the purpose of avoiding the payment of wages. The commissioner may require the payment of wages for that employee as of the date the order declaring an employment relationship becomes final.
34-14-08. Assignment of wage claims to labor commissioner for recovery by civil action. The labor commissioner or the commissioner's 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 any of the technical rules with reference to the validity of such assignments; and has the power and authority to prosecute actions for the collection of such claims on behalf of persons who, in the judgment of the commissioner or the commissioner's deputy, are entitled to the services of the commissioner or the commissioner's deputy and who, in the commissioner's judgment, have claims which are valid and enforceable in the courts. The commissioner or the commissioner's deputy has the power to join various claimants in one preferred claim or lien and in case of suit to join them in one claim for relief.