Title 34, Labor and Employment
18 chapters · 180 sections in this title.
N.D.C.C. § 34-01-01 Contract of employment defined
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A contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person.
N.D.C.C. § 34-01-02 Personal service contract - Time limit - Continuation of employment
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A contract to render personal service cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues the employee's service under it beyond that time, the contract may be referred to as aff…
N.D.C.C. § 34-01-03 Voluntary service without employment - Duties of person rendering - Rights to compensation and expenses
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One who officiously and without the consent of the real or apparent owner of a thing takes it into possession for the purpose of rendering a service about it must complete such service and use ordinary care, diligence, and reasonable skill about the same. The person is not entitl…
N.D.C.C. § 34-01-04 Intimidation, force, and threats against employees prohibited - Penalty
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Every person who, by any use of force, threats, or intimidation, prevents any person employed by another from continuing or performing the person's work or from accepting any new work or employment, and every person who uses any force, threats, or intimidation to induce such hire…
N.D.C.C. § 34-01-05 Intimidation, force, and threats against employers prohibited - Penalty
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Every person who, by any use of force, threats, or intimidation, prevents another from employing any person, and every person who uses force, threats, or intimidation to compel another to employ any person, or to force or induce another to alter that person's mode of carrying on …
N.D.C.C. § 34-01-06 Hindering person from obtaining or enjoying employment - Penalty
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Every person who maliciously interferes or hinders, in any way, any person from obtaining employment or from enjoying employment already obtained from any other person, is guilty of a class A misdemeanor.
N.D.C.C. § 34-01-12 Employer to pay surviving spouse or heirs wages due
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For the purposes of this section, the word "employer" includes every person, firm, partnership, corporation, limited liability company, the state of North Dakota, and all municipal corporations. If at the time of the death of any person, the person's employer is indebted to the p…
N.D.C.C. § 34-01-13 Actions under Fair Labor Standards Act must be brought within certain time
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All suits and actions for the recovery of overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, and specifically under the Act of Congress known as the Fair Labor Standards Act of 1938 [Pub. L. 75-718; 52 Stat. 1060; 29 U.S.C. 201 et seq.], as…
N.D.C.C. § 34-01-14 Right to work not to be abridged by membership or nonmembership in labor union
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The right of persons to work may not be denied or abridged on account of membership or nonmembership in any labor union or labor organization, and all contracts in negation or abrogation of such rights are hereby declared to be invalid, void, and unenforceable.
N.D.C.C. § 34-01-14.1 Collection of actual representation expenses from nonunion employees
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As used in this section, "actual representation expenses" are only those actual expenses which are sustained by a labor union or labor organization in processing any grievance of a nonunion employee. For grievances arising from actions occurring while an employee was a member of …
N.D.C.C. § 34-01-15 Employer to pay for medical examination - Penalty for violation
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Whenever an employer requires an employee, or prospective employee, to take a medical examination, or furnish any medical records, as a condition of retaining or obtaining employment, the employer shall bear the cost of the examination or the furnishing of the medical records. Fo…
N.D.C.C. § 34-01-15.1 Paid family leave - Political subdivision prohibition
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1. As used in this section: a. "Employee" means an individual employed in this state by an employer. b. "Employer" means a person that does business in this state. The term does not include a public employer. c. "Paid family leave" includes employment benefits for an employee to …
N.D.C.C. § 34-01-16 Qualifications to hold office in labor union or labor organization
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No person who has been convicted of any crime involving moral turpitude or a felony, excepting traffic violations, may serve in any official capacity or as any officer in any labor union or labor organization in this state. No such person, nor any labor union or labor organizatio…
N.D.C.C. § 34-01-17 Unlawful to discriminate because of age - Penalty
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No person carrying on or conducting within this state any business requiring employees may refuse to hire, employ, or license, or may bar or discharge from employment, any individual solely upon the ground of age; when the reasonable demands of the position do not require an age …
N.D.C.C. § 34-01-20 Employer retaliation prohibited - Civil action for relief - Penalty
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1. An employer may not discharge, discipline, threaten discrimination, or penalize an employee regarding the employee's compensation, conditions, location, or privileges of employment because: a. The employee, or a person acting on behalf of an employee, in good faith, reports a …
N.D.C.C. § 34-02-01 Employer must indemnify employee for losses and expenses - Exception
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An employer shall indemnify the employer's employee, except as prescribed in section 34-02-02, for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties as such or of the employee's obedience to the directions of the em…
N.D.C.C. § 34-02-02 Nonliability of employer for ordinary risks - Negligence of coemployees - Exception
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Except as otherwise provided by law, an employer is not bound to indemnify the employer's employee for losses suffered by the latter in consequence of the ordinary risks of the business in which the employee is employed, nor in consequence of the negligence of another person empl…
N.D.C.C. § 34-02-03 Liability for employer's negligence
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An employer, in all cases, shall indemnify the employer's employee for losses caused by the former's want of ordinary care.
N.D.C.C. § 34-02-04 Gratuitous employee - Performance and care required
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One who undertakes to do a service for another without consideration is not bound to perform the same unless it is entrusted to the person at the person's own request, in which case the person shall perform the service fully. If the person commences performance, the person shall …
N.D.C.C. § 34-02-05 Gratuitous employee under power of attorney
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A gratuitous employee who accepts a written power of attorney shall act under the power as long as it remains in force or until the employee gives notice to the person's employer that the person will not do so.
N.D.C.C. § 34-02-06 Employee for reward - Ordinary care and diligence required
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One who, for a good consideration, agrees to serve another shall perform the service and shall use ordinary care and diligence as long as the person is thus employed.
N.D.C.C. § 34-02-07 Employee for own benefit - Great care and diligence required
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One who is employed at the person's own request to do that which is more for the person's own advantage than for that of the person's employer shall use great care and diligence therein to protect the interests of the latter.
N.D.C.C. § 34-02-08 Employee shall obey instructions of employer - Exceptions
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An employee shall comply substantially with all of the directions of the employee's employer concerning the service upon which the employee is engaged except: 1. When such compliance is impossible or unlawful; 2. When such compliance would impose new and unreasonable burdens upon…
N.D.C.C. § 34-02-09 Employee to perform service in conformity with usage of place - Exception
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An employee shall perform the employee's service in conformity to the usage of the place of performance unless otherwise directed by the employee's employer, or unless it is impracticable or manifestly injurious to the employee's employer to do so.
N.D.C.C. § 34-02-10 Skill required by employee
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An employee is bound to use a reasonable degree of skill unless the person's employer has notice of the employee's want of skill before employing the employee. The employee is bound always to use all the skill the employee possesses so far as the same is required for the service …
N.D.C.C. § 34-02-11 Products of employment belong to employer - Exception
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Everything which an employee acquires by virtue of the employee's employment, whether acquired lawfully or unlawfully or during or after the expiration of the term of the employee's employment, except any compensation which is due the employee from the employee's employer, belong…
N.D.C.C. § 34-02-12 Employee shall account to employer - Demand required - Exception
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An employee, upon demand, shall render to the employee's employer just accounts of all the employee's transactions in the course of the employee's service as often as may be reasonable, and the employee shall give, without demand, prompt notice to the employee's employer of every…
N.D.C.C. § 34-02-13 Deliveries to employer - Demand required - Restriction
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An employee who receives anything on account of the person's employer in any capacity other than that of a mere servant is not bound to deliver it to the employer until demanded. An employee is not at liberty, without demand, to send it to the person's employer from a distance in…
N.D.C.C. § 34-02-14 Employee to give preference to employer's business
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An employee who has any business to transact on the employee's own account similar to that entrusted to the employee by the employee's employer shall give the latter the preference always. If an employee is entrusted with similar affairs by different employers, the employee shall…
N.D.C.C. § 34-02-15 Substitute employee selected by employee - Liability and responsibility
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An employee who is authorized expressly to employ a substitute is liable to the employee's principal only for want of ordinary care in the employee's selection. The substitute is directly responsible to the principal.
N.D.C.C. § 34-02-16 Liability of employee for culpable negligence - Liability of employer for services
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An employee who is guilty of a culpable degree of negligence is liable to the person's employer for the damage caused to the latter thereby. Unless the service is gratuitous, the employer is liable to the employee for the value of services properly rendered.
N.D.C.C. § 34-02-17 Surviving employee to perform service - Exception
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When a service is to be rendered by two or more persons jointly and one of them dies, the survivor shall act alone if the service to be rendered can be performed properly without the aid of the deceased person, but not otherwise.
N.D.C.C. § 34-02-18 Immunity for providing employment reference
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1. An employer, or an employer's agent, who truthfully discloses date of employment, pay level, job description and duties, and wage history about a current or former employee to a prospective employer of the employee is immune from civil liability for the disclosure and the cons…
N.D.C.C. § 34-03-01 Termination of employment at will - Notice required
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An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.
N.D.C.C. § 34-03-02 How employment terminated
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Every employment is terminated by: 1. The expiration of its appointed term; 2. The extinction of its subject; 3. The death of the employee; or 4. The employee's legal incapacity to act.
N.D.C.C. § 34-03-03 Termination of employment not coupled with an interest
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Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of: 1. The death of the employer; or 2. The employer's legal incapacity to contract.
N.D.C.C. § 34-03-04 Continuance of employment required after death or incapacity of employer - Exceptions
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Unless the term of an employee's service has expired or unless the employee has a right to discontinue the employee's service at any time without notice, an employee shall continue the employee's service after the employee has notice of the death or incapacity of the employee's e…
N.D.C.C. § 34-03-05 Termination by employer for breach or neglect of duty or incapacity to perform
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Every employment may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of the employee's employment, in case of the employee's habitual neglect of duty, or in case of the employee's continued incapacity to perform the em…
N.D.C.C. § 34-03-06 Employee may terminate employment because of breach of obligations by employer
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Every employment may be terminated by the employee at any time in case of any willful or permanent breach of the obligations of the employee's employer to the person as an employee.
N.D.C.C. § 34-03-09 Compensation of employees upon termination of employment
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An employee who quits the service of the person's employer for good cause and an employee who is dismissed by the person's employer for good cause are entitled to such proportion of the compensation which would have become due upon full performance of the contract of employment a…
N.D.C.C. § 34-05-01 Statistics relating to the employment of labor
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The labor commissioner shall collect, systematize, and submit in biennial reports to the governor and the secretary of state in accordance with section 54-06-04 statistical details relating to the employment of labor in the state. The statistics may be classified as the labor com…
N.D.C.C. § 34-05-01.1 Department of labor and human rights
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There is hereby created the North Dakota department of labor and human rights. All records, materials, supplies, and equipment used by the deputy commissioner of agriculture and labor in the official capacity as administrator of the labor division of the department of agriculture…
N.D.C.C. § 34-05-01.2 Labor commissioner to administer department of labor and human rights
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The governor shall appoint a labor commissioner to administer the department of labor and human rights. The labor commissioner shall serve at the pleasure of the governor.
N.D.C.C. § 34-05-01.3 Duties of labor commissioner
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The labor commissioner shall: 1. Improve working conditions and living conditions of employees and advance their opportunities for profitable employment. 2. Foster, promote, and develop the welfare of both wage earners and industries in North Dakota. 3. Promote friendly and coope…
N.D.C.C. § 34-05-01.4 Independent contractors - Determination made by commissioner
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A person beginning work or working as an independent contractor may apply to the commissioner to receive verification of independent contractor status. The commissioner, upon receiving an application, shall review the circumstances of the applicant's job and other relevant inform…
N.D.C.C. § 34-05-03 Officials and employers to furnish certain information - Records - Penalty
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All public officers and all employers shall furnish to the labor commissioner such information as the commissioner may request relating to their respective offices or businesses. Any information collected, records, and determinations made under chapter 34-14, information collecte…
N.D.C.C. § 34-05-04 Employment of assistants
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The labor commissioner may employ necessary help and assistants for the purpose of administering and enforcing labor laws, rules, and regulations, and may fix their compensation and bonds. The total amount of compensation paid for such purposes, however, may not exceed the amount…
N.D.C.C. § 34-06-01 Definitions
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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…
N.D.C.C. § 34-06-02 Power to investigate conditions of labor and wages and hours of employees
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The commissioner has the power to: 1. Investigate and ascertain the wages and the hours and conditions of labor of employees in the different occupations in which they are employed within this state. 2. Inspect and examine, either in person or through authorized representative, a…
N.D.C.C. § 34-06-03 Commissioner may adopt standards by rule
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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…