North Dakota § 34-06.1-05 Collection of unpaid wages and other relief - District court - Commissioner

North Dakota Statutes

§ 34-06.1-05 — Collection of unpaid wages and other relief - District court - Commissioner

North Dakota § 34-06.1-05

Title 34Labor and Employment

Ch. 34-06.1Equal Pay for Men and Women

This text of North Dakota § 34-06.1-05 (Collection of unpaid wages and other relief - District court - Commissioner) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 34-06.1-05 (2026).

Text

Commissioner.

1.An employer that violates the provisions of section 34-06.1-03 is liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation in employee suits up to an additional equal amount as liquidated damages.

2.Any one or more individuals claiming to be aggrieved by an unlawful employment practice under section 34-06.1-03 may bring an action in the district court in the judicial district in which the unlawful employment practice is alleged to have been committed, in the district in which the records relevant to the alleged unlawful employment practice are maintained and administered, or in the district in which the individual would have worked or obtained credit were it not for the alleged unlawful employment practice. In

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Commissioner.
1. An employer that violates the provisions of section 34-06.1-03 is liable to the employee
or employees affected in the amount of their unpaid wages, and in instances of willful
violation in employee suits up to an additional equal amount as liquidated damages.
2. Any one or more individuals claiming to be aggrieved by an unlawful employment
practice under section 34-06.1-03 may bring an action in the district court in the judicial
district in which the unlawful employment practice is alleged to have been committed,
in the district in which the records relevant to the alleged unlawful employment practice
are maintained and administered, or in the district in which the individual would have
worked or obtained credit were it not for the alleged unlawful employment practice. In
an action brought under this chapter, the court shall, in cases of violation in addition to
any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to
be paid by the defendant, and costs of the action.
3. An agreement by an employee to work for less than the wage to which the employee
is entitled under this chapter does not bar an action or voluntary wage restitution of the
full amount due under this chapter.
4. At the written request of an employee claiming to have been paid less than the wage
to which the employee may be entitled under this chapter, the commissioner may bring
any legal action necessary on behalf of the employee to collect the claim for unpaid
wages. The commissioner is not required to pay the filing fee, or other costs, in
connection with an action under this section. The commissioner may join various
claims against the employer in one claim for relief. In proceedings under this section,
the court may order other affirmative action as appropriate, including reinstatement of
employees discharged in violation of this chapter. The commissioner may petition the
district court to restrain violations of section 34-06.1-03, and for affirmative relief as the

court may deem appropriate, including restoration of unpaid wages and reinstatement
of employees, consistent with the purpose of this chapter.
5. If a person elects to bring an action in district court under this chapter, the
commissioner shall dismiss any action pending before the commissioner which is
based on the same alleged unlawful employment practice.