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Repealed by S.L. 1973, ch. 265, § 1. 34-06-07.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…

No minor under fourteen years of age may be employed or permitted to work in any occupation except farm labor, domestic service, or in the employment of, and under the direct supervision of, that minor's parent, guardian, or grandparent. Domestic service includes services of a ho…

If it is proved in any prosecution for a violation of the provisions of this chapter that a demand was made by a proper officer upon the person, firm, corporation, or limited liability company named as defendant in such prosecution, that such demand was in accordance with the pro…

An employment certificate must be in writing and must be issued by the minor's parent or guardian. The parent or guardian who certifies, or rejects, the employment certificate must file a completed copy with the department of labor and human rights, the employer, the principal of…

The age of a minor who desires an employment certificate must be proved by: 1. A certificate of proof of birth issued by the state registrar of vital statistics; or 2. Documentary evidence satisfactory to the labor commissioner, such as a certificate of arrival in the United Stat…

Repealed by S.L. 1975, ch. 299, § 2.

Repealed by S.L. 1993, ch. 351, § 16. 34-07-11. Requirements for certificate for school term but not during daily session - Truant or deficient minor not to be employed. A certificate permitting the employment of a minor during the school term, but not during the daily period of …

The employment certificate must state the date of birth of the minor, a description of the job duties and responsibilities of the minor, and must also be signed by the minor's parent or guardian and the employer. 34-07-13. Certificate returned to officer issuing the same upon ter…

Whenever it appears to the minor's parent or guardian, or the principal of the school which the minor attends, a principal in the municipality in which the minor resides, or the labor commissioner or the commissioner's agent or representative who issued an employment certificate,…

1. The time and hour limitations of subsection 1 of section 34-07-15 do not apply to a minor fourteen or fifteen years of age employed in the performance of sports-attendant services at a professional sporting event. 2. Permissible duties of a sports-attendant include: a. Pregame…

No minor fourteen or fifteen years of age may be employed or permitted to work in: 1. Any employment involving the use of any power-driven machinery; but this prohibition does not apply to the use of: a. Office machines, such as adding machines or typewriters; b. Tagging, pricing…

A minor under sixteen years of age may be employed to act or perform in a theater or place of amusement if a permit so to do is obtained from the minor's parent or guardian and the labor commissioner or the commissioner's agent or representative, if such person decides that the a…

The provisions of this chapter do not apply to newspaper or shopper carriers. This exemption applies to carriers engaged in making deliveries to subscribers' homes or to other newspaper or shopper consumers. It applies to carriers engaged in the street sale or delivery of newspap…

A minor who is at least sixteen years of age may be employed or permitted to work in a hazardous occupation if the minor is in a registered apprenticeship program or is a student learner of an approved career and technical education program. Under this section, a parental signatu…

The labor commissioner shall prepare all employment certificates necessary in the administration of this chapter, shall distribute such employment certificates to the school officers, parents, guardians, and authorities of this state, shall exercise general supervision, interpret…

In addition to the powers vested in the labor commissioner by the provisions of chapter 34-06, the commissioner may issue general and special orders with reference to the employment of minors and may prohibit or exempt the employment of minors in any employment or place of employ…

Any person who employs any minor contrary to the provisions of this chapter or of any order or regulation promulgated by the labor commissioner as provided by law is guilty of an infraction.

In this chapter, unless the context or subject matter otherwise requires: 1. A "case" must be held to involve or to grow out of a labor dispute when such case involves persons who are engaged in the same industry, trade, craft, or occupation, or who have a direct or indirect inte…

For the purpose of the interpretation of the provisions of this chapter, the public policy of this state is declared to be that a worker of this state must be free to decline to associate with the worker's fellow workers, but that the worker also has full freedom of association, …

No court of this state may issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute except in strict conformity with the provisions of this chapter. No such restraining order or temporary or permanent injunction may be…

No court of this state may issue any restraining order or temporary or permanent injunction in any case involving or growing out of a labor dispute to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the f…

No court of this state may issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute, or are engaged in, an unlawful combination or conspiracy because of the doing in concert of…

No court of this state may issue a restraining order or a temporary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of witnesses in open court in support of the allegations of a complaint made under oath and the t…

The hearing required under the provisions of section 34-08-07 must be held only after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought and also to the chief police officer of the county an…

The undertaking mentioned in section 34-08-08 constitutes an agreement entered into by the complainant and the complainant's surety upon which a judgment may be rendered against the complainant and the complainant's surety in the same proceeding in which such undertaking is filed…

In all cases arising under this chapter in which a person is charged with contempt in a court of this state, the accused shall enjoy the right to a speedy and public trial by an impartial jury, except when the contempt is alleged to have been committed in the presence of the cour…

The defendant in any proceeding for contempt of court arising out of matters covered by the provisions of this chapter may file with the court, prior to the hearing in such proceeding, a demand for the retirement of the judge sitting in the proceeding if: 1. The contempt is alleg…

The state labor commissioner has power to act as mediator, or to appoint any competent, impartial, disinterested person to act as mediator, in any labor dispute either upon the commissioner's own initiative or upon the request of one of the parties to the dispute. It is the funct…

The public policy of this state is declared to be that a worker is free to decline to associate with the worker's fellow workers and is free to obtain employment wherever possible without interference or being hindered in any way, but that the worker also has the right to associa…