North Dakota Employment Office
The North Dakota Department of Labor and Human Rights is responsible for enforcing North Dakota labor and human rights laws and for educating the public about these laws. In addition, the department licenses employment agencies operating in the state and can verify the status of independent contractor relationships. We are here to be of assistance to all North Dakota citizens, employees, employers, those purchasing or receiving services, and those providing services.
Paid Time Off
On August, 1 2015, North Dakota Century Code § 34-14-09.2 Limitations on accrued paid time off was updated adding #2 below and now reads as follows:If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if: At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; The employee has been employed by the employer for less than one year; and The employee gave the employer less than five days written or verbal notice. If an employee separates from employment, a private employer may withhold payment for paid time off if: The paid time off was awarded by the employer but not yet earned by the employee; and Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off.
Independent Contractor Verification
The distinction between an independent contractor relationship and an employment relationship is an important and sometimes ambiguous one. Independent contractors, as opposed to employees, are not protected by labor standards, workers compensation, or unemployment insurance, and are treated differently than employees for tax purposes by the Internal Revenue Service. Contrary to some common thought, parties may not simply agree that their relationship is an independent contracting relationship rather than employment. The distinction is based, under law, upon objective characteristics of the relationship. For more information refer to the Independent Contractor Verification section.
State child labor provisions establish a minimum age of 14 to be employed and regulate the employment of teens ages 14 and 15. Generally, workers age 14 and 15 are required to file an Employment and Age Certificate, are limited in the hours they can work, and are prohibited from performing certain types of work.
Federal child labor laws further limit the types of work that can be performed by teens 14 and 15 years of age and prohibit teens ages 16 and 17 from working in certain occupations the U.S. Department of Labor deems to be hazardous.