North Dakota Labor Laws – Find Labor Lawyers ND

State legislation has been passed in North Dakota to safeguard both employees’ and employers’ rights nationally. The safeguards created by federal laws are clarified but not generally expanded by the laws.

What Does “Part-Time” Mean in North Dakota?

North Dakota labor legislation does not specifically define full- or part-time employment. As a result, an employer can choose whether a job is full- or part-time.

North Dakota Right to Work Laws

“Right to work” legislation, which an increasing number of states have enacted, forbids the collection of monthly dues from non-union employees who yet benefit from an organized workplace. Additionally, and as is already enforced at the federal level, these regulations often declare that a person’s ability to work cannot be contingent on their union membership.

Opponents say that the main goal of these regulations is to decrease union membership, while supporters insist that they are intended to stop “forced” unionism. These rules are designed to prevent the agreements that would prevent unions from being able to operate because they also represent people who choose not to join unions.

The Basics of North Dakota’s Right to Work Law

Like other states with similar laws, the right to work act in North Dakota stipulates that employment shouldn’t be contingent on union membership (which already is enforced through federal labor law).

However, the statute also expressly forbids the collection of monthly expenses from non-union employees in settings with organized labor, and this is the part of the law that can be enforced.

North Dakota’s Statutory Holidays

Government workers get a paid day off or get paid more if they work on a lawful holiday, like Thanksgiving or the Fourth of July. Private employers are exempt from legal holiday requirements; however, many of them provide paid vacations as a benefit for full-time or salaried employees. All states must observe federally recognized legal holidays, but some states also have their own legal holidays.

A Quick Guide to North Dakota’s Legal Holidays

The state of North Dakota observes Good Friday (the Friday before Easter Sunday), in addition to the nationally recognized lawful holidays. State offices close on Christmas Eve at noon (December 24).

You should start by speaking with your employer if you are entitled to holiday pay or a paid day off but were not paid appropriately. If there is still a dispute, file a complaint according to the guidelines provided on the Wage Claim Process website of the North Dakota Department of Labor and Human Rights.

What Conditions Apply to Overtime Pay?

The Fair Labor Standards Act (FLSA) establishes the criteria for overtime compensation requirements. In general, an employer must compensate an employee for overtime labor when they authorize or demand that they perform it. For hours worked over 40, FLSA-covered employees are required to be paid overtime. For hours performed on weekends or during holidays, the FLSA does not mandate overtime compensation.

The FLSA does not specify the maximum number of hours that may be worked in a given workweek. Different workweeks can be created for certain employees or workforce groups, though. The company and employees cannot agree to waive the overtime requirement.

Additionally, suppose the FLSA covers the overtime work. In that case, the employer cannot prohibit the employee from working overtime, cannot demand an advance authorization for any overtime work, and cannot refuse to pay the employee for any extra work; employees are entitled to the wages they were paid for. The average hourly rate obtained from the wages worked during the workweek must be used to determine overtime pay. The pay basis may be a commission, salary, or piece rate.

North Dakota’s Wage Regulations

If you live in North Dakota and find yourself working additional hours in the oil or wheat industries, you might be entitled to claim overtime pay from your employer. The federal Fair Labor Standards Act (FLSA) and North Dakota’s own overtime statute both compel businesses to pay employees 1.5 times their regular rate of pay for any hours worked above 40 in a workweek. However, companies are not required to pay overtime in North Dakota for hours worked over eight each day, on weekends, or on holidays.

Whistleblower Laws in North Dakota

In terms of employment law, “blowing the whistle” refers to informing the appropriate authorities of an employer’s violation of the law or of the public’s confidence. States have “whistleblower” legislation to safeguard these workers since most businesses would prefer not to have them on the payroll and because they may face reprisal or harassment.

While almost all state whistleblower laws safeguard public employees, several states also have provisions that safeguard personnel in the private sector.

Overview of North Dakota’s Whistleblower Protections

The whistleblower act in North Dakota solely shields workers in the public sector. The legislation forbids any kind of retaliation against a public employee who discloses a legal infraction or employer abuse of public funds. The North Dakota Department of Labor and Human Rights will accept employment retaliation (whistleblower) intake questionnaires from public employees who have experienced unfair retaliation (state, county, or city).

Are There Any Negative Effects to Working Part-Time?

There are several financial drawbacks to working part-time. You should examine the expenses and benefits of becoming part-time if you’re considering it.

For instance:

• Career growth: Your advancement can stall.
• Customers: Some customers require full-time service, which a part-time employee might not be able to deliver.
• Workplace: Some part-time workers experience pressure to perform at a level equal to that of a full-time worker. Additionally, a part-time worker’s schedule could leave less time for socializing with coworkers.
• Pay disparity: Even though they ought to, part-timers may not always earn the same hourly wage as full-timers. Depending on the occupation, there could be differences.
• Alternatives: Instead of making the short trip to the office, you might want to consider telecommuting or using childcare facilities.

What Responsibilities and Rights Do Part-Time Employees Have?

Employees are typically still subject to the same company guidelines as full-time staff members. The majority of part-time employees do not qualify for company benefits (i.e., extended vacations, pension and profit-sharing plans, health insurance). States occasionally offer coverage to people who put in more than a predetermined amount of hours.

Additionally, employees who clock 1,000 hours in a pension plan year are required by law to be enrolled in pension plans that are available to workers with comparable backgrounds. Additionally, keep in mind that part-time employees are exempt from the Equal Pay Act’s requirements that men and women performing the same job be paid equally.

Companies are exempt from the Family and Medical Leave Act (FMLA) if they employ a significant number of temporary, contract, or part-time workers.

• Workplace policies: You could be fired for exhibiting poor performance. Like other employees, you are bound by the company’s workplace policies and standards. Your paycheck will include any payroll deductions and taxes.
• Legal duties: The business must still abide by safety standards, refrain from making commitments it won’t be able to keep, and refrain from discriminating behavior.

Where Can I Find a Nearby Attorney Who Can Assist Me?

If you believe you are not receiving the fundamental rights and protections provided by North Dakota’s federal and state labor laws, do not hesitate to call a North Dakota labor lawyer right away.

Most employment regulations have severe deadlines that must be met. Your lawyer can explain your rights to you and advise you on how to defend yourself.