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North Dakota Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Employers that use the services of independent contractors run the risk that a state or federal agency could later find that the contractor should have been classified as an employee. The result is that the employer could be liable for the payment of benefits, back taxes, and penalties that were never contemplated at the time the contractor was hired. However, the North Dakota Department of Labor is authorized to verify the independent contractor status of future or existing work relationships in the state, giving employers peace of mind at the beginning of the work relationship that the independent contractor status is appropriate in any given situation (ND Code Sec.34-05-01.4). In addition, the Department has authority to determine the status of a work relationship after it has ended within the context of a claim for unpaid wages. An affirmative verification of independent contractor status from the Department of Labor protects a business from retroactive liability if another agency later determines that the verified relationship is an employment relationship. If another agency does so, it may not charge an employer retroactive premiums or penalties. The independent contractor verification process is completely ...

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North Dakota Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
Exemption Audits Webinar Recording
BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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