Paid Time Off Law Changes

August 2011

Effective August 1, 2011, state law regarding the handling of paid time off upon separation from employment has changed.

Previously, once paid time off was made available for an employee's use, any unused portion of such time was considered wages upon separation from employment and was to be paid at the regular rate of pay earned prior to separation.

The newly added section of law, N.D.C.C. 34-14-09.2, specifies:

If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:

1. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;
2. The employee has been employed by the employer for less than one year; and
3. The employee gave the employer less than five days' written or verbal notice.

For more information, please visit the Laws and Rules page of our website or contact us.

Educational Presentations

At the North Dakota Department of Labor, we believe that educating the public about labor and human rights laws is one of our most important responsibilities. This responsibility encompasses educating people about their individual rights and helping employers and service providers understand their rights and responsibilities in order to prevent violations of law.

As part of the Department of Labor's commitment to public education, department staff provide educational presentations throughout the year. Topics are as diverse as the department's jurisdiction and include: wage and hour information such as overtime, deductions from pay, breaks, and paid time off; youth employment; independent contractor status; and human rights laws in the areas of employment discrimination, housing discrimination, and discrimination in public services and public accommodations.

To request information or to schedule a speaker from the department, please contact us.

Commissioner of Labor Tony J. Weiler discussed wage and hour information in Dickinson, ND.