Changes To The Contract
The employment relationship is presumed to be on an “at will” basis, the terms of which employers are free to change on a prospective basis. If the employment relationship is subject to a written contract, the consent of both parties may be necessary in order to make changes to the terms.
Change In Ownership Of The Business
North Dakota does not have any rules modifying employers’ obligations under the federal WARN Act. Employees are not allowed to refuse a change in ownership of the business unless the employee has a contractual right to object to the change.
Social Security Contributions
Federal law provides for compulsory social security contributions by both employer and employee.
Accidents At Work
North Dakota’s workers’ compensation system is administered by an employer-financed, no-fault insurance state fund. All employers must purchase workers’ compensation insurance from the state fund. Compensable injuries are those arising in the course of hazardous employment.
Drug and Alcohol Testing
North Dakota does not prohibit pre-employment drug tests on job applicants.
Medical marijuana is legal in North Dakota. However, employers are not prohibited from disciplining employees for consuming marijuana in the workplace.
Discipline And Grievance
Unless a collective bargaining agreement or a specific contract provision applies, state and federal law do not govern discipline or grievance procedures. Employers are free to adopt such policies as they see fit.
North Dakota Human Rights Act prohibit discrimination in employment based upon race, colour, religion, sex, national origin, age (over 40 years old), the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during non-working hours that is not in direct conflict with the employer’s essential business-related interests. The Act does not apply to independent contractors.
Compulsory Training Obligations
There are no rules relating to compulsory training obligations.
Except in limited circumstances, such as a court-ordered deduction for payment of outstanding child support obligations or advances paid to employees, employers generally may not make deductions from wages for a claimed indebtedness without written authorization from the employee at the time of the deduction.
Payments For Maternity And Disability Leave
There are no state requirements for employers to make payments for maternity or disability leave.
Employers must participate in insurance plans for work-related injuries and for unemployment.
Absence For Military Or Public Service Duties
North Dakota employers are encouraged to allow employees to leave work to vote but they are not required to do so. North Dakota law prohibits penalizing an employee for taking leave for jury duty. Federal law provides leave for certain military service members, family members, and caretakers.
Works Councils or Trade Unions
Under federal law, employees can force an employer in certain limited circumstances to recognize a union. Individuals who engage in concerted activities are protected from retaliation.
Employees’ Right To Strike
Under federal law, groups of employees may strike even if there is not a collective bargaining agreement or a formal union at the site of employment, subject to limits for public services.
Employees On Strike
Under federal law, an employer can hire and employ temporary replacements for striking workers. The employer also has a somewhat more limited right to permanently replace striking workers. Workers cannot, however, be fired because they have gone on strike or have otherwise engaged in protected concerted activity.
Employers’ Responsibility For Actions Of Their Employees
Employers may be vicariously liable to third parties for tortious acts committed by employees within the scope of their employment duties. In addition, employers may be directly liable for their own negligence in failing to ascertain an employee’s propensity to inflict injury.