North Dakota Administrative Code Title 46 - Labor Commissioner
North Dakota Administrative Code (NDAC)
Title 46 — Labor Commissioner
📌 Overview
Title 46 of the North Dakota Administrative Code outlines the administrative rules enforced by the North Dakota Labor Commissioner, who heads the Department of Labor and Human Rights. This title establishes procedures and regulations related to:
Employment law compliance
Wage and hour enforcement
Human rights and anti-discrimination
Workplace rights and protections
Complaint processes and hearings
The Labor Commissioner operates under authority granted by state statutes, and the rules in Title 46 function to implement, clarify, and enforce those laws.
🔍 Key Areas Covered by NDAC Title 46
1. Wage and Hour Regulations
These rules define minimum wage, overtime, recordkeeping, and payment of wages obligations for employers.
Minimum Wage: The state may follow the federal minimum wage or set its own, with rules explaining exemptions and special situations (e.g., tipped employees, trainees).
Overtime Pay: While North Dakota follows many federal standards (FLSA), Title 46 may clarify applicability or exemptions specific to the state.
Final Paychecks: Rules outline when and how terminated employees must be paid (e.g., within a certain number of days after separation).
2. Human Rights and Anti-Discrimination
The Labor Commissioner is also the enforcement authority for the North Dakota Human Rights Act, which prohibits discrimination in:
Employment
Housing
Public accommodations
Credit transactions
Protected classes under state law include race, color, religion, sex, national origin, age, disability, marital status, public assistance status, and participation in lawful off-duty activities (like tobacco use).
Title 46 includes rules on:
How complaints must be filed
Time limits for filing
Investigation procedures
Settlement processes
Hearings and appeals
3. Complaint and Investigation Procedures
The rules outline:
How employees can file complaints (for wage violations or discrimination)
Investigation timelines and methods
Rights of respondents (employers)
Mediation or informal resolution options
Formal hearings before an administrative law judge (ALJ)
Appeals procedures
4. Child Labor Regulations
Title 46 also regulates the employment of minors, including:
Permissible work hours by age
Prohibited occupations
Work permit requirements
These rules are intended to protect minors from unsafe or exploitative employment while ensuring access to work opportunities under lawful conditions.
5. Licensing and Registration (if applicable)
In certain contexts, the Labor Commissioner may require:
Registration of labor contractors
Reporting by public works contractors (related to prevailing wage laws)
Posting of specific notices in the workplace (e.g., wage and discrimination rights)
⚖️ Relevant Legal Principles and Case Law
While specific North Dakota Supreme Court cases involving the Labor Commissioner are not numerous or always published, legal doctrines from state and administrative law apply. Below are key principles illustrated through general or comparable cases:
1. Due Process in Administrative Hearings
When an employer or employee is subject to a Labor Commissioner ruling (e.g., wage dispute or discrimination finding), they are entitled to:
Notice of the complaint
An impartial hearing
Opportunity to present evidence and witnesses
A written decision with findings of fact and conclusions of law
Courts have held that failure to follow these procedures can render an administrative action invalid.
Case Principle (Hypothetical ND example):
An employer who was never properly notified of a wage complaint and missed the hearing could challenge the decision in district court on due process grounds.
2. Standard of Review by Courts
When a party appeals a decision by the Labor Commissioner to district court, courts will:
Defer to the agency’s factual findings if supported by substantial evidence
Review legal interpretations de novo (anew), especially if they concern constitutional rights or jurisdiction
So, for example, if the Commissioner finds a violation of minimum wage laws, the court will uphold it unless it's clearly unsupported by the record.
3. Enforcement Authority
The Labor Commissioner can issue subpoenas, conduct investigations, compel testimony, and order restitution, such as back pay or reinstatement. Courts generally uphold this authority as long as:
It falls within statutory limits
Proper procedures are followed
Example: If the Commissioner orders an employer to pay $5,000 in unpaid wages after a lawful investigation, and the employer appeals, the burden is on the employer to show that the agency exceeded its authority or made a legal error.
4. Human Rights Enforcement
Discrimination claims are sometimes pursued through the Department of Labor and Human Rights rather than federal EEOC. In cases involving North Dakota law:
The burden-shifting framework from McDonnell Douglas Corp. v. Green is often applied
The complainant must prove a prima facie case of discrimination
The employer must provide a legitimate, nondiscriminatory reason
The burden returns to the complainant to prove pretext
Example (ND principle):
An employee claims she was fired for being pregnant. If she files a claim and the employer says she was let go for performance, the Commissioner (or ALJ) must evaluate whether that reason is credible or a cover for discrimination.
📑 Summary Table
| Category | Details |
|---|---|
| Regulatory Body | North Dakota Labor Commissioner |
| NDAC Title | Title 46 |
| Main Functions | Wage enforcement, human rights enforcement, labor protections |
| Key Areas Covered | Wage & hour laws, discrimination, child labor, complaint resolution |
| Complaint Process | Intake → Investigation → Mediation/hearing → Decision → Appeal |
| Legal Standards | Due process, substantial evidence, legal interpretation by courts |
| Enforcement Tools | Subpoenas, penalties, restitution orders, cease and desist letters |
| Typical Case Issues | Unpaid wages, wrongful termination, discrimination, child labor violations |
✅ Final Notes
NDAC Title 46 operationalizes state labor laws — it does not create new rights, but it gives life and process to existing laws.
The Labor Commissioner acts not just as a regulator but also as a neutral investigator and enforcer of workplace rights.
Employers and employees should both be familiar with these rules, as they affect hiring, firing, pay, work conditions, and legal recourse.
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