Wage Claim Process
Under the provisions of N.D.C.C. Chapter 34-14, the Commissioner of Labor may determine whether wages are owed to workers in North Dakota and may enforce determinations through civil action. In carrying out this responsibility, the department acts as a neutral third party to wage disputes, investigating claims alleging unpaid wages and making determination based on the weight of evidence gathered.
To file a claim for wages with the department, review the following information and follow the instructions provided:
Preliminary Procedures for Filing a Claim for Wages (SFN 17081)
Communication is key. If you haven't yet talked with your employer or former employer about the issue in dispute, do so. Often disputes can be resolved if both parties take the time to communicate with one another. We understand, however, that not all issues will be resolved through discussion. If you've talked with the employer, but have not been able to settle the issue, proceed to step two.
Prepare a letter to the employer requesting your wages in writing. The letter should state:
- That you are making written demand for the wages that you believe are due. (Be as specific as possible about the dollar amount, number of hours, etc.)
- That you demand payment within 7 days of the employer's receipt of the letter.
- That if the wages are not paid within the 7 days that you intend to file a Wage Claim with the North Dakota Department of Labor and Human Rights.
Make a copy of the letter for your records. Then send the letter to the employer. It may be helpful to send the letter by Certified Mail so that you obtain written notice that your letter was received.
If the employer does not respond within the time frame you provide in your letter or if the employer responds denying your request, complete the Wage Claim Form and submit the completed form to the Department of Labor and Human Rights along with a copy of your demand letter, any documentation that supports your claim, and a note of explanation regarding the dispute.