Title 34, Labor and Employment

As used in this chapter: 1. "Date of hire" means the date services for remuneration were first performed by the employee. 2. "Department" means the department of health and human services. 3. "Employee" means an individual who would be determined to be an employee under chapter 2…

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 [42 U.S.C. 653A]: 1. Receive reports made by employers; 2. Enter information into a database maintained by the stat…

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 newly hired for work within this state, the date of hire, whether the employer offers heal…

1. Each employer report required by this chapter must be made, to the extent practicable, on a W-4 form or an equivalent form prescribed by the state directory of new hires. 2. Except as provided in subsection 3, the report may be transmitted by first-class mail or by any magneti…

1. Except as provided in subsection 3, an employer who, after warning provided under subsection 2, fails to file a timely, complete, and correct report required under this chapter is liable for a civil money penalty of twenty dollars for each failure to report a new hire. 2. The …

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. A judgment against an employer for failure to pay a civil money penalty may be enforced as a contempt …

A civil money penalty collected under this chapter must be paid into the state treasury for deposit in the child support collection and disbursement fund and is appropriated to the department on a continuing basis for the purpose of covering losses the department incurs in making…

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 other states, administering: a. State plans under title IV-D of the Social Security Act [42 U…

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 employees of the opposite sex for comparable work on jobs which have comparable requirements un…

In this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the labor commissioner. 2. "Employ" includes to suffer or permit to work. 3. "Employee" means any individual employed by an employer, including individuals employed by the state or a…

1. An employer may not 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 at which the employer pays any employee of the opposite gender for comparable work …

The commissioner has the power and duty to carry out the provisions of this chapter and for this purpose, the commissioner, or the commissioner's authorized representative, has power to: 1. With the consent of the employer or upon appropriate court order, for cause, enter the pla…

1. An employer that 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 in employee suits up to an additional equal amount as liquidated damages. 2. Any one or mor…

Court action under this chapter may be commenced no later than two years after the unlawful employment practice occurred. However, if a complaint of a discriminatory practice is first filed with the commissioner, this period of limitation for bringing an action in the district co…

An employer subject to this chapter shall make, keep, and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the individuals employed by the employer; shall preserve such records for as long as the employee is employ…

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 a violation of any provision of this chapter, or has instituted, or caused to be instituted …

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 the state. 2. "Appointing authority" means the individuals in any agency who have authority …

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 the right to refrain from engaging in such activity.

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 employees have the right to request payroll deduction of dues for membership in an organization o…

1. An employee, without fear of reprisal, may report in writing to the employee's respective agency head, a state's attorney, the attorney general, the state auditor, or an employee organization the existence of: a. A job-related violation of local, state, or federal law, rule, r…

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, with respect to working conditions, workplace assignment, or other privileges of 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 the employee involved in the proceeding.

No agency, appointing authority, organization, or employee may directly or indirectly: 1. Require or coerce any agency employee to participate in any way in any activity or undertaking unless the activity or undertaking is related to the performance of official duties. 2. Require…

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.