In addition to the employee's right to recover unpaid wages as provided in this chapter, every employee is entitled to recover from the employee's employer: 1. Interest on the unpaid wages from the date the wages are due until payment is made in full at the rate as established by section 47-14-09; and 2. An amount equal to: a. Double the employee's unpaid wages, if, within one year preceding the date such wages are due, the employer has, on separate occasions, been subject to, and found liable for, two previous wage claims under the provisions of this chapter; or b. Treble the employee's unpaid wages, if, within one year preceding the date such wages are due, the employer has, on separate occasions, been subject to, and found liable for, three or more previous wage claims under the provisions of this chapter.
The provisions of this section do not apply to wage claims arising under the Railway Labor Act [Pub. L. 69-257; 44 Stat. 577; 45 U.S.C. 151 et seq.] or to wage claims arising under contested application of collective bargaining agreements.
34-14-09.2. Limitations on accrued paid time off - Investigation 1. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if: a. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; b. The employee has been employed by the employer for less than one year; and c. The employee gave the employer less than five days' written or verbal notice. 2. If an employee separates from employment, a private employer may withhold payment for paid time off if: a. The paid time off was awarded by the employer but not yet earned by the employee; and b. Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off. 3. As provided under section 34-14-05, an employee may report a violation under this section. If a report of violation is made within thirty days of the alleged violation, the labor commissioner shall investigate the merits of the claim. If a report is made more than thirty days following the alleged violation, the commissioner may investigate the merits of the claim.