North Dakota Employment Law Update — March 2019

North Dakota

Wage Payment Enforcement

On March 7, 2019, North Dakota Governor Doug Burgum signed legislation (S.B. 2145) modifying the investigation and enforcement of wage collection claims. Under the law, an employee may file a claim for wages due with the North Dakota Department of Labor and Human Rights if:

  • It is made within two years from the date the wages are due; and
  • The amount of the wages claimed due is between $125 and $15,000.

Wages are due at each regular payday immediately following the work period during which wages were earned.

If the labor commissioner determines wages have not been paid and that the unpaid wages constitute an enforceable claim, then the commissioner, upon request of the employee, may take an assignment in trust for the wages or a claim for liquidated damages in amounts the commissioner deems valid and enforceable without being bound by the technical rules respecting the validity of any assignments and may bring any legal action necessary to collect the claim. With the employee’s consent, at the time of the assignment, the commissioner may settle and adjust the claim to the same extent as the assigning employee.

Note: The limitation of action under N.D. Cent. Code § 34-01-13 is tolled (paused or delayed) by the filing of a claim with the commissioner until the commissioner determines the claim is not enforceable or reassigns it to the employee.

The law is effective July 1, 2019.

Read ND S.B. 2145