Title 34, Labor and Employment

If, after the execution of any contract or agreement as provided by this chapter, such labor union executing such contract is dissolved, reorganized, or merged or in any other way associated with any other labor union or organization or changes its name, such contract or agreemen…

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 compelled to accept the recommendations of a mediation board as binding nor is any group of emp…

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, association, or group of public employees of a public unit of government decides by vote of such g…

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, at any place within the jurisdiction of the county in county disputes, and within the li…

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 consideration of the recommendations feels that for some reason it cannot accept the recommendatio…

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 of government involved is obligated upon proper affidavit therefor to pay from the treasu…

In this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the North Dakota labor commissioner, the labor commissioner's successor, or the labor commissioner's duly authorized deputy. 2. "Employee" includes any employee, and is not limited t…

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 lawful concerted activities for the purpose of collective bargaining or other mutual aid or p…

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 or interfere with the formation or administration of any labor organization or contribute financial…

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 and confer in good faith with respect to wages, hours, and other terms and conditions o…

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 in such unit for the purposes of collective bargaining in respect to rates of pay, wages,…

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 of collective bargaining is the employer unit, craft unit, plant unit, or subdivision ther…

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 or group of employees or any individual or labor organization acting in the employee's or…

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 labor practice is occurring or has occurred, the commissioner has power to issue and cause …

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.

Any person injured in person or property by reason of the commission of an unfair labor practice as defined in this chapter may sue therefor in the district court and shall recover the damages sustained by that person and the cost of the suit.

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 the Labor-Management Reporting and Disclosure Act of 1959 [Pub. L. 86-257; 73 Stat. 525; 29 …

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 labor commissioner. 2. "Employee" means any individual, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment th…

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. A person opening or conducting any such agency without first procuring a license is guilt…

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 the employment agency is to be maintained, the name of the person who is to have the genera…

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 all such moneys in the general fund. The annual fee for such a license is two hundred dol…

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 the commissioner and filed in the commissioner's office, conditioned that the agent will confo…

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 officers, if a limited liability company, the names of the managers, if a partnership, the nam…

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 filing of a new bond or an authenticated certificate continuing a bond previously approved b…

If the commissioner finds that the employment agent has violated any of the provisions of this chapter, or has acted dishonestly in connection with the agent's business, or has improperly conducted the agent's business, or that any other good and sufficient reason exists within t…

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 become connected with the business as a partner, as an active officer of a licensed corporati…

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 consent may be withheld for any reason for which an original application might have been rej…

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 schedule showing the amount of the service charges to be made to employees. The amount collected ma…

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 contain the date, the name and address of the employment agency, the name of the employment ag…

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 of twenty percent of the gross wages actually received prior to termination or release. I…

In addition to the foregoing sections governing specific classifications, the following shall govern each and every employment agent: 1. Every license must be hung in a conspicuous place in the main office of the employment agency. 2. No fee may be solicited or accepted as an app…

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 any agent or officer of any kind of the above-mentioned classes and subject to the provi…

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. Wages must be paid in lawful money of the United States; with checks, as that item is used in chapter 41-03, drawn on banks or cr…

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, the employee's unpaid wages or compensation becomes due and payable at the regular paydays est…

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 the employee concedes to be due and shall pay such amount without condition within the time set by this chapter, provi…

Except for those amounts that are required under state or federal law to be withheld from employee compensation or where a court has ordered the employer to withhold compensation, an employer only may withhold from the compensation due employees: 1. Advances paid to employees, ot…

1. The labor commissioner or the commissioner's deputy shall ensure compliance with this chapter, investigate alleged violations of this chapter, and institute or cause to be instituted actions for penalties and forfeitures related to violation of this chapter. 2. The commissione…

The labor commissioner and the commissioner's deputy may employ such clerical and other assistants as may be necessary to carry out the purposes of this chapter, and shall fix the compensation of such employees and may also, to carry out such purposes, incur reasonable traveling …

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 for the employer or any other person any discount upon such indebtedness, or with intent t…

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, r…

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 assignment…

1. An employee may file with the department a claim for wages due under this chapter or under chapter 34-06 if the filing is made within two years from the date the wages are due and the amount of the wages claimed due is at least one hundred twenty-five dollars but not more than…

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…