Employment Laws in North Dakota

Definition of employee. Employee means a person who performs services for an employer that has one or more employees, but does not include elected public officials and their appointees, civil service employees, individuals employed by their parent, grandparent, spouse, child, or grandchild, or in domestic service.

For purposes of the equal pay law, employee means any individual employed by an employer, including the state or any of its political subdivisions.

Definition of employer. Employer means a person in North Dakota who employs one or more full-time employees for more than one quarter of the year and a person, wherever situated, who employs one or more employees whose services are partially or wholly performed in North Dakota.

For purposes of the equal pay law, employer means any person acting directly or indirectly in the interest of an employer in relation to one or more employees of each sex.

Prohibited employment discrimination. Hiring or employment decisions based on an individual's race, color, religion, sex (including pregnancy, childbirth, or related disabilities), national origin, age (40 and over), mental or physical disability, marital status, receipt of public assistance, or participation in lawful activity outside the course of employment are prohibited.

It is a discriminatory practice for persons to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, hearing, or litigation under North Dakota's Human Rights Act.

Employers in North Dakota may avoid penalties under the state law regulating the retail sales of methamphetamine precursor drugs by providing training for employees.

Recordkeeping requirements. Employers must collect and maintain medical history information separate from nonmedical information and keep it confidential.

Employers subject to the equal pay law must make, keep and maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of their employees and must preserve the records for the periods of time and must make reports as the Commissioner of Labor prescribes.

Posting requirements. Not specified.