The commissioner shall decide in each case whether in order to assure to employees the fullest freedom in exercising rights guaranteed by this chapter, the unit appropriate for the purposes of...
1. The commissioner shall promptly fix a date for an informal conference upon due notice to all parties whenever a petition has been filed, in accordance with this chapter: a. By an employee or...
Whenever it is charged that any person is engaged in or has engaged in any unfair labor practice, the commissioner shall investigate the charges informally and if it appears that an unfair labor...
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. ...
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 his...
One who officiously and without the consent of the real or apparent owner of a thing takes it into his possession for the purpose of rendering a service about it must complete such service and use...
Every person who, by any use of force, threats, or intimidation, prevents any person employed by another from continuing or performing his work or from accepting any new work or employment, and...
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...
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...
Repealed by S.L. 1975, ch. 106, § 673. [Repealed] ...
Repealed by S.L. 1991, ch. 365, § 1. [Repealed] ...
An employee shall comply substantially with all of the directions of his employer concerning the service upon which the employee is engaged except: 1. When such compliance is impossible or...
An employee shall perform his service in conformity to the usage of the place of performance unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to his...
An employee is bound to use a reasonable degree of skill unless his employer has notice of his want of skill before employing him. The employee is bound always to use all the skill he possesses so...
Everything which an employee acquires by virtue of his employment, whether acquired lawfully or unlawfully or during or after the expiration of the term of his employment, except any compensation...
An employee who receives anything on account of his employer in any capacity other than that of a mere servant is not bound to deliver it to him until demanded. An employee is not at liberty,...
An employee who has any business to transact on his own account similar to that entrusted to him by his employer shall give the latter the preference always. If an employee is entrusted with...
An employee who is authorized expressly to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. ...
An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage caused to the latter thereby. Unless the service is gratuitous, the employer is liable to the...
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...
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...
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...
Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of: 1. The death of the employer; or 2. The employer's legal...
All public officers and all employers shall furnish to the commissioner of labor such information as the commissioner may request relating to their respective offices or businesses. Any...
The commissioner of labor 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...
In this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the commissioner of labor. 2. Employee includes any individual employed by an employer....
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...
The commissioner, in the manner prescribed in this chapter, may ascertain and prescribe: 1. Standards of hours of employment for employees and what are unreasonably long hours for employees in...
If, after having investigated the matter, the commissioner is of the opinion that any substantial number of employees in any industry are working for unreasonably long hours or are working under...
In the report required under the provisions of section 34-06-09, the conference shall make recommendations on any or all of the following questions concerning the particular occupation under...
Upon the receipt of any report from any conference held as provided in section 34-06-09, the commissioner shall consider and review the recommendations contained in the report, and may approve or...
After the hearing provided for in section 34-06-11 has been held, the commissioner may make and render any order necessary to adopt the recommendations, carry the recommendations into effect, and...
The commissioner, at any time, may inquire into the wages, hours, or conditions of labor of minors employed in any occupation in this state and may determine what are suitable wages, hours, and...
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...
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 vocational...
Repealed by S.L. 1975, ch. 298, § 1. [Repealed] ...
Any employer who 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...
Every employer subject to this chapter shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons...
Repealed by S.L. 1997, ch. 296, § 1. [Repealed] ...
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...
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...
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...
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...
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...
The undertaking mentioned in section 34-08-08 constitutes an agreement entered into by the complainant and his surety upon which a judgment may be rendered against the complainant and his surety...
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...
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,...
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...
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...
The state commissioner of labor has power to act as mediator, or to appoint any competent, impartial, disinterested person to act as mediator, in any labor dispute either upon his own initiative...
The public policy of this state is declared to be that a worker is free to decline to associate with his fellows and is free to obtain employment wherever possible without interference or being...
Repealed by S.L. 1953, ch. 216, § 8. [Repealed] ...
Repealed by S.L. 1953, ch. 216, § 8. [Repealed] ...
Repealed by S.L. 1953, ch. 216, § 8. [Repealed] ...
Repealed by S.L. 1953, ch. 216, § 8. [Repealed] ...
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...
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...
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. ...
In this chapter, unless the context or subject matter otherwise requires: 1. Commissioner means the North Dakota commissioner of labor, his successor, or his duly authorized deputy. 2....
Employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other lawful...
Annually, every applicant for a license shall file with the commissioner a written application stating the name and address of the applicant, the street and number of the building in which the...
All such licenses must be issued for a period of one year only, and the annual fees must be paid to the commissioner who shall promptly deliver them to the state treasurer, who shall deposit all...
Every application for a license must be accompanied by a bond in the penal sum of five thousand dollars, with one or more sureties or a duly authorized surety company, to be approved by the...
After an application for a license has been granted, a license must be issued to the applicant which must state the name of the employment agent, and, if a corporation, the names of the officers,...
Every license, unless previously revoked, remains in force until one year after its issue, and every employment agent shall, upon payment of the amount of the license fee required and the filing...
If the commissioner finds that the employment agent has violated any of the provisions of this chapter, or has acted dishonestly in connection with his business, or has improperly conducted his...
No license granted under the terms of this chapter is transferable, except with the consent of the commissioner. No employment agent may permit any person not mentioned in the license to become...
No employment agent may open, conduct, or maintain an employment agency at any other place than that specified in the license without first obtaining the consent of the commissioner. Such consent...
Repealed by S.L. 1995, ch. 341, § 6. [Repealed] ...
Every employment agent possessing a valid license shall post in a conspicuous place in a room used for business purposes in the employment office and which is open to the public, a schedule...
Every licensed employment agent shall contract, in writing, with every applicant for employment for services to be rendered to the applicant by the employment agent, which contract must contain...
1. If an employment position terminates or the employee is fired or laid off before the end of ninety calendar days, the employee shall receive a refund of all service charges paid in excess of...
Repealed by S.L. 1995, ch. 341, § 6. [Repealed] ...
In addition to the foregoing sections governing specific classifications, the following shall govern each and every employment agent: 1. Every license, of whatever classification, must be hung...
Any person who violates the provisions of this chapter for which another penalty is not specifically provided is guilty of a class A misdemeanor. ...
Whenever used in this chapter, employer includes every person, firm, partnership, association, corporation, limited liability company, receiver or other officer of a court of the state, and any...
Every employer shall pay all wages due to employees at least once each calendar month on regular agreed paydays designated in advance by the employer, in lawful money of the United States or with...
Whenever an employee is discharged or terminated from employment by an employer, separates from employment voluntarily, or is suspended from work as the result of an industrial dispute, the...
In case of a dispute over wages, the employer shall give written notice to the employee of the amount of wages less whatever the employee owes the employer which he concedes to be due and shall...
Every employer shall withhold from the compensation due employees those amounts which are required by state or federal law to be withheld and may deduct advances paid to employees, other than...
It is the duty of the commissioner of labor or the commissioner's deputy to ensure compliance with the provisions of this chapter, to investigate as to any violations of this chapter, and to...
Any employer who willfully refuses to pay the wages due and payable when demanded as in this chapter, or who falsely denies the amount thereof, or that the same is due with intent to secure for...
When the commissioner reviews a potential employment relationship involving an independent contractor who has a valid identification number issued under section 34-05-01.4 and determines that the...
The commissioner of labor or his deputy has the power and authority to take assignments of wage claims and claims for relief for penalties provided by section 34-14-09, without being bound by any...
Whenever the labor commissioner determines that wages have not been paid and that the unpaid wages constitute an enforceable claim, the commissioner, upon request of the employee, may take an...
In addition to his right to recover unpaid wages as provided in this chapter, every employee is entitled to recover from his employer: 1. Interest on the unpaid wages from the date the wages...
The commissioner of labor is authorized to issue such rules and regulations as necessary for the purpose of carrying out the provisions of this chapter. ...
The commissioner of labor may enter into reciprocal agreements with the labor department or corresponding agency of any other state, nation, or country or with the person, board, officer, or...
The department of labor may, to the extent provided for by any reciprocal agreement entered into pursuant to section 34-14-11, or by the laws of any other state, nation, or country, maintain...
The department of labor may, upon the written request of the labor department or other corresponding agency of any other state, nation, or country or of any person, board, officer, or commission...
As used in this chapter: 1. Department means the department of human services. 2. Employee means an individual who would be determined to be an employee under chapter 24 of the Internal...
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 [
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...
Each employer report required by this chapter must be made on a W-4 form, or, at the option of the employer, an equivalent form prescribed by the state directory of new hires. The report may be...
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. If an order for...
A civil money penalty collected under this chapter must be paid into the state treasury for deposit in the general fund. ...
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...
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