North Dakota Wage and Hour Investigations laws & HR compliance analysis

North Dakota Wage and Hour Investigations: What you need to know

North Dakota's commissioner of labor (or his or her authorized representative) may inspect all employment records related to wages paid to and hours worked by employees when determining whether an employer is in compliance with state law. In addition, the commissioner may require the employer to provide an accurate statement of wage and hour issues (ND Cent. Code Sec. 34-06-02).
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Violation of the North Dakota's minimum wage provisions is a Class B misdemeanor (ND Cent. Code Sec. 34-06-19). Violations include:
• Forcing employees to work unreasonably long hours;
• Paying less than the state minimum wage;
• Paying minors unreasonably low wages;
• Discharging or discriminating against an employee for testifying or planning to testify in a wage investigation; or
• Failing to keep a register of all employees' names and allowing the commissioner to inspect it.
Equal pay. With an employer's consent or with a court order, the commissioner may enter a place of employment to inspect and copy employment records and to question employees in order to determine whether an employer is in compliance with equal pay provisions. Without consent or a court order, the commissioner may examine witnesses under oath and require, by subpoena, witnesses to testify and the employer to produce relevant documents (ND Cent. Code Sec. 34-06.1-04). A violator is guilty of a Class B misdemeanor and must pay unpaid wages, costs, and a reasonable attorney's fee. In the case of a willful violation, an employer may have to pay double the amount of unpaid wages (ND Cent. Code Sec. 34-06.1-05).
Child labor. The commissioner may visit and inspect establishments to make sure employers are in compliance with provisions regarding hours of ...

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