North Dakota Commuting laws & HR compliance analysis

North Dakota Commuting: What you need to know

North Dakota has no law or state program attempting to reduce employee commuting miles, but the state Department of Transportation (NDDOT) encourages employers to promote ridesharing and to provide commuting alternatives for employees when possible.
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North Dakota law defines a “ridesharing arrangement” as a transportation arrangement between two or more persons to and from common or nearby employment sites, in which the driver has some purpose other than driving the rideshare vehicle (such as commuting to work) and is not for pecuniary gain. The term includes carpools, vanpools, and buses.
Carpools may be arranged so that each member contributes an agreed-upon amount, and the members alternate cars. A vanpool is a prearranged ridesharing arrangement by a group whose members are picked up at specified points in a van equipped to carry no more than 15 people including the driver. Members contribute an agreed-upon amount to compensate for the cost of operating the pool. Public employee ridesharing groups may use motor vehicles owned by state or local agencies as long as the employees pay fees to cover operating costs. Van pools may be owner-operated or employer-sponsored (ND Cent. Code Sec. 8-02-01et seq.).
Vehicles used in ridesharing are not considered common carriers (e.g., buses, taxicabs) and are not subject to the requirements, liabilities, or responsibilities of common carriers (ND Cent. Code Sec. 8-07-01).
While engaged in ridesharing to and from work, employees are not governed by state wage and hour laws (ND Cent. Code 34-06-01).
If any individual is injured in a ridesharing vehicle, the person's no-fault insurer (or a ...

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