2016 North Dakota Century Code Title 34 Labor and Employment Chapter 34-05 Department of Labor and Human Rights
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CHAPTER 34-05
DEPARTMENT OF LABOR AND HUMAN RIGHTS
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.
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:
1. Improve working conditions and living conditions of employees and advance their
opportunities for profitable employment.
2. Foster, promote, and develop the welfare of both wage earners and industries in North
Dakota.
3. Promote friendly and cooperative relations between employers and employees.
4. Cooperate with other state agencies to encourage the development of new industries
and the expansion of existing industries.
5. 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.
6. Acquire and disseminate information on the subjects connected with labor, relations
between employers and employees, hours of labor, and working conditions.
7. Encourage and assist in the adoption of practical methods of career and technical
education training, retraining, and career development counseling.
8. 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.
9. 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
labor-management relations.
10. Perform such other duties as may be required by law.
34-05-01.4. Independent contractors - Determination made by commissioner.
A 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.
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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 - Penalty.
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 legislative assembly.
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