Complaint Inquiry and Wage Claim FAQ

A complaint inquiry is an informal means for a person who is concerned that state law is being violated relative to wage laws, such as final paycheck, breaks, youth employment, etc. to file with the Department. This is different than filing a Claim for Wages, as the Department does not conduct an investigation or make any determinations in a complaint inquiry. Rather, the Department may contact an employer to further explore the matter and educate them on North Dakota’s wage and hour laws.

If you believe an employer is violating a North Dakota wage law, you may file a complaint inquiry form online or complete a paper form and mail it to the Department.

Once a complaint inquiry is received, the Department will review it for jurisdiction (legal authority) to address the issues raised. If it determines it does, the complaint will be assigned to a team member who will reach out to the complainant to discuss the claim. The team member may subsequently contact the employer to educate them on applicable laws.

If an individual believes they are entitled to wages that were not paid to them, they may be able to file a Claim for Wages with the Department. Examples include failure to pay overtime or minimum wage, unauthorized paycheck deductions, and failure to issue a final paycheck, including PTO/vacation time. The Claim for Wages is a means for the individual to have the Department investigate their allegations and making a determination based on law, if wages are owed.

Individuals who believe they are owed between $125.00 and $15,000.00 may file a claim with the Department. 

• If the wage claim is less than $125, the matter may be addressed in small claims court. If the wage claim is greater than $15,000, the matter may be addressed in district court.

The individual filing must be an employee, as the Department cannot accept claims from independent contractors, the self employed, owner/partners, OR employees who already have a judgement or civil action filed against the employer involving the same wages.

Additionally, if the employer has filed bankruptcy, the Department cannot accept a Claim for Wages and the employee(s) should contact the Bankruptcy Court or a private attorney.

The wages must have been due no more than two (2) years ago from the date the claim is filed. For example, if an employee files with the Department on 01/01/2022, the Department can only look at wages owed from 01/01/2020 through 01/01/2022.
 

If you believe your employer owes you wages, and you meet all the criteria to file a Claim for Wages, you may complete the online form or print and mail in a copy of the completed paper form.

Once the claim is received, it will be reviewed to determine whether the Department has jurisdiction (legal authority) to accept the claim. If the claim was properly filed, the Department will send the employee (“claimant”) a letter confirming receipt of the complaint, including a request for any additional information that may be necessary. The Department will also send the employer (“respondent”) a letter including the claim, and requesting a response, including information supporting its position. The Department will then conduct an investigation, which may require additional information requests and/or interviews. Upon completion of the investigation, the Department will issue a “Determination Letter” to both the claimant and respondent to communicate the results of the investigation.