North Dakota § 34-13-13.1 Service charge refund - Contracts and fees approved by commissioner - Cause of action by employee

North Dakota Statutes

§ 34-13-13.1 — Service charge refund - Contracts and fees approved by commissioner - Cause of action by employee

North Dakota § 34-13-13.1

Title 34Labor and Employment

Ch. 34-13Licensing Employment Agents and Agencies

This text of North Dakota § 34-13-13.1 (Service charge refund - Contracts and fees approved by commissioner - Cause of action by employee) 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 § 34-13-13.1 (2026).

Text

Cause of action by employee.

1.If an employment position terminates or the employee is fired or laid off before the end of ninety calendar days, the employee shall receive a refund of all service charges paid in excess of twenty percent of the gross wages actually received prior to termination or release. If the employee has a signed contract accepting an employment position but does not start employment, quits the job voluntarily, or is terminated for gross misconduct, the refund does not apply. Nothing contained in this section restricts an agency from receiving full-service charges at the time of the referral, subject to the refund herein provided.

2.Every employment agency shall submit copies of all contracts and fee schedules used by the agency or agent to the labor commissioner for

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Cause of action by employee.
1. If an employment position terminates or the employee is fired or laid off before the end
of ninety calendar days, the employee shall receive a refund of all service charges
paid in excess of twenty percent of the gross wages actually received prior to
termination or release. If the employee has a signed contract accepting an
employment position but does not start employment, quits the job voluntarily, or is
terminated for gross misconduct, the refund does not apply. Nothing contained in this
section restricts an agency from receiving full-service charges at the time of the
referral, subject to the refund herein provided.
2. Every employment agency shall submit copies of all contracts and fee schedules used
by the agency or agent to the labor commissioner for approval. No contract or fee
between an employment agency and an employee is valid without the commissioner's
approval. In approving or disapproving such contracts and fees, the commissioner
shall issue a written determination. This determination is subject to review and appeal
under chapter 28-32.
3. This section does not apply to contracts wherein the service charge does not exceed
one hundred dollars.
4. Any employee who is damaged by a violation of this section is entitled to receive from
the licensee the entire amount of service charges the employee has paid the licensee.