Jul 07, 2011

North Dakota Employment Law Links

By: Paul Ebeltoft

Many of us forget that there is a wealth of human resource information online. The trick is to know what information is helpful and which can mislead us, even unintentionally, to our detriment.

Of course, the Society for Human Resource Management’s site http://www.shrm.org/Pages/default.aspx is helpful and, in non-state specific ways at least, usually authoritative. However, even the SHRM® site contains the standard disclaimer that their material “is made available for informational and educational purposes only without representation or warranty of any kind,[and] is not a substitute for legal advice….”

The same admonition applies to this column. However, to ease some of the burden of finding guidance keyed to North Dakota law, I have created an index of the North Dakota Department of Labor site. I have included links to the more useful sections of the Administrative Code (often overlooked, even by attorneys). These will provide you a solid base from which to begin research. In a later article, I will provide the federal links that I find helpful.

It goes without saying, I suppose, but I will say it anyway. These are very general sources. The application of law to specific facts is vital to correct analysis. If in doubt, or to simply rest assured, seek the help of counsel experienced in employment law.

For information about:

• Minimum wage,
• Tip credit,
• Overtime,
• Breaks and meal periods,
• Paid time off,
• Paydays and record keeping,
• Legal deductions from pay, and
• Unpaid wage disputes.

Go to: http://www.nd.gov/labor/wage/index.html

• Minimum wage and work conditions order in ND Admin. Code.

Go to: http://www.legis.nd.gov/information/acdata/html/46-02.html

• Minimum wage calculator

Go to: http://www.legis.nd.gov/information/acdata/html/46-03.html

For information about discrimination based on:

• Sex,
• Race,
• Color,
• National origin,
• Disability,
• Age,
• Familial status,
• marital status,
• Receiving public assistance, and
• Engaging in lawful activity.

For information about discrimination in:

• Employment,
• Housing,
• Public accommodation,
• Public transport, and
• Credit transactions

Go to: http://www.nd.gov/labor/human-rights/index.html

For information about human rights practice and procedure under ND Admin. Code.

Go to: http://www.legis.nd.gov/information/acdata/pdf/46-04-01.pdf

For information about housing for older persons under ND Admin. Code.

Go to: http://www.legis.nd.gov/information/acdata/pdf/46-05-01.pdf

For information about youth employment laws

Go to: http://www.nd.gov/labor/youth/index.html

For information about independent contractor verification. (This is a process for voluntary verification of whether future or existing work relationships have independent contractor status).

Go to: http://www.nd.gov/labor/contractor/index.html

For information about retaliation

Go to: http://www.nd.gov/labor/retaliation/index.html

For information about employment agency licensing

Go to: http://www.nd.gov/labor/agency/index.html

For a general link to the ND Admin. Code, Title 46 (Labor Commissioner)

• General administration

Go to: http://www.legis.nd.gov/information/acdata/html/Title46.html

Reprinted with permission from an article submitted for publication in the July 2011 Southwest Area Human Resource Association newsletter.