N.D.C.C. Chapter 34-05: Department of Labor and Human Rights
Official text of N.D.C.C. Chapter 34-05: Department of Labor and Human Rights - (15kb pdf)
- 34-05-01. Statistics relating to the employment of labor.
- 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 commissioner determines best.
- 34-05-01.1. Department of labor and human rights.
- 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 and labor must be transferred to the department of labor and human rights.
- 34-05-01.2. Labor commissioner to administer department of labor and human rights.
January 1, 1999, 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.
- 34-05-01.3. Duties of labor commissioner.
- The labor commissioner shall:
- Improve working conditions and living conditions of employees and advance their
opportunities for profitable employment.
- Foster, promote, and develop the welfare of both wage earners and industries in
- Promote friendly and cooperative relations between employers and employees.
- Cooperate with other state agencies to encourage the development of new
industries and the expansion of existing industries.
- Represent the state of North Dakota in dealings with the United States department
of labor, with the federal mediation and conciliation service, and with the United
States veterans' administration with respect to job training programs.
- Acquire and disseminate information on the subjects connected with labor, relations
between employers and employees, hours of labor, and working conditions.
- Encourage and assist in the adoption of practical methods of career and technical
education training, retraining, and career development counseling.
- Report biennially to the governor and to the legislative assembly concerning
activities of the department of labor and human rights, including in such report recommendations for
legislation deemed necessary or desirable to effectuate the purposes of this chapter.
- Administer the provisions of Chapter 34-06 relating to wages and hours, Chapter
34-07 relating to child labor, and the provisions of Chapter 34-12 relating to
- Perform such other duties as may be required by law.
- 34-05-01.4. Independent contractors - Determination made by commissioner.
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 information.
When the information supports a finding under the "common law" test that the applicant will be
working or is working as an independent contractor, the commissioner shall issue a
determination to verify the status of the applicant as an independent contractor and shall issue
the independent contractor an identification number that will be invalid if the applicant's job
changes. If the applicant's job changes, the applicant may reapply for a determination to verify
independent contractor status.
- 34-05-02. Labor division - Administrative officers - General duties.
- Repealed by
S.L. 1965, ch. 236, § 15.
- 34-05-03. Officials and employers to furnish certain information - Records -
- 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
collected under this section from private employers, and information collected under section
34-06-02 from private employers are exempt from section 44-04-18. The commissioner shall
disclose information collected, records, and determinations made to the parties to an
investigation under Chapter 34-14. When the commissioner enforces collection of a wage claim
by judicial action or forwards records, information, or determinations to another state or country
for enforcement as authorized under Chapter 34-14, the information collected, records, and
determinations made under Chapter 34-14 are open records. The commissioner may publish
aggregate employment-related statistics. The commissioner may provide a list of the names and
addresses of employers to other agencies or to a private entity for the purpose of jointly
publishing or distributing publications or other information as provided in section 54-06-04.3. Any
information so provided may only be used for the purpose of jointly publishing or distributing
publications or other information as provided in section 54-06-04.3. Any officer, employer, or
operator or manager of any establishment wherein persons are employed, who fails or refuses to
furnish the commissioner with the information requested under the provisions of this section, is
guilty of a class B misdemeanor.
- 34-05-04. Employment of assistants.
- 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 appropriated for compensation by the