Title 34, Labor and Employment

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…

Every employer shall keep a register of the names of all employees employed by the employer, and on request shall permit the commissioner or any of the commissioner's authorized representatives to inspect and examine such register.

The commissioner may hold public hearings for the purpose of investigating any of the matters the commissioner is authorized to investigate under the provisions of this chapter. Such hearings must be held at such times and places as the commissioner deems fit. Any person interest…

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…

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.

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…

A minor fourteen or fifteen years of age may not 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, the minor's parent or guardian unless the minor is exempt from compulsory school …

Any person, firm, corporation, or limited liability company employing a minor who appears to be under the age of sixteen years and for whom an employment certificate is not filed as required by the provisions of this chapter, either shall furnish satisfactory evidence that such m…

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…

A certificate permitting the employment of a minor during the school term, but not during the daily period of the school session, may be granted if such minor maintains a passing grade in all studies pursued by the minor in such school. No minor may be employed who at the time is…

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.

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. A minor fourteen or fifteen years of age may not be employed or permitted to work at any occupation, except in sports-attendant services, in domestic services, and at farm labor, before the hour of seven a.m. nor after the hour of seven p.m., except that these hours are seven …

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…

Peace officers may visit any business establishments within their several jurisdictions to ascertain whether any minors are employed therein contrary to the provisions of this chapter. The peace officers shall report all cases of illegal employment to the labor commissioner. Such…

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…

Any undertaking or promise, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, corporation, or limited liability company and any employee or prospective em…

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…

Whenever any court of this state issues or denies a temporary injunction in a case involving or growing out of a labor dispute, such court, upon the request of any party to the proceeding and the filing by that party of a statutory cost bond, shall certify the record of the case …

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…

No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, may be held responsible or liable in any court of this state for the unlawful acts of individual officers, members, or agents except upon c…

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…