Title 34 — Labor and Employment

In this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the labor commissioner. 2. "Employee" includes any individual employed by an employer. However, an individual is not an "employee" while engaged in a ridesharing arrangement, as defi…

The commissioner may ascertain and prescribe by rule: 1. Standards of hours of employment for employees and what are unreasonably long hours for employees in any occupation within this state. 2. Standards of conditions of labor for employees in any occupation within this state an…

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 be prescribed under this chapter, to the extent that those companionship services are …

Notwithstanding section 34-06-03, the labor commissioner may not adopt rules relating to sections 23-12-09 through 23-12-11. If the labor commissioner is made aware of a possible violation of chapter 23-12, the commissioner may refer the violation to an appropriate law enforcemen…

The commissioner may prepare, adopt, and promulgate rules under chapter 28-32 to implement the various provisions of this chapter. Before filing the notice of rulemaking and the proposed draft of rules under section 28-32-10, the commissioner shall send notice of the proposed rul…

The state or a political subdivision of the state may provide for compensatory time and for a work period for compensatory time and overtime calculation for its employees if the state or political subdivision complies with the requirements of the Fair Labor Standards Act of 1938,…

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 be detrimental to their health or morals. 3. Employees for wages which are less than the state m…

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 twenty-four consecutive hours of time off for rest or worship in each seven-day period. The time o…

Repealed by S.L. 1973, ch. 265, § 1. 34-06-07. Employer to keep register of employees employed - Inspection and examination of register. Every employer shall keep a register of the names of all employees employed by the employer, and on request shall permit the commissioner or an…

Repealed by S.L. 2003, ch. 281, § 6.

Repealed by S.L. 2003, ch. 281, § 6.

Repealed by S.L. 2003, ch. 281, § 6. 34-06-13. Investigation of employment of minors - Recommendations and requirements governing. Repealed by S.L. 2003, ch. 281, § 6.

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 commissioner on any question of fact, but there is a right of appeal from the commissioner to 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 career and technical education or related program, a special license authorizing the employmen…

Repealed by S.L. 1975, ch. 298, § 1.

The commissioner, from time to time, shall investigate and ascertain whether or not employers in this state are observing and complying with rules issued pursuant to the provisions of this chapter, and shall take such steps as may be necessary to cause the prosecution of employer…

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 employee may testify, in any investigation or proceeding under or relative to this chapter.

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

The commissioner shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

Repealed by omission from this code.

1. Except as otherwise provided under this chapter and rules adopted by the commissioner, every employer shall pay to each of the employer's employees: a. Effective July 24, 2007, a wage of at least five dollars and eighty-five cents per hour; b. Effective July 24, 2008, a wage o…

1. As used in this section: a. "Employ" has the same meaning as provided under section 34-06.1-02. b. "Employer" includes a person acting directly or indirectly in the interest of an employer in relation to an employee. The term may include a public agency, other than the federal…