North Dakota § 34-14-07.1 Retroactive payment not required

North Dakota Statutes

§ 34-14-07.1 — Retroactive payment not required

North Dakota § 34-14-07.1

Title 34Labor and Employment

Ch. 34-14Wage Collection

This text of North Dakota § 34-14-07.1 (Retroactive payment not required) 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 § 34-14-07.1 (2026).

Text

When the commissioner reviews a potential employment relationship involving an
independent contractor who has a valid identification number issued under section 34-05-01.4
and determines that the party described as an independent contractor is an employee for
purposes of wages, rather than an independent contractor, the commissioner may not require
the party determined to be the employer to pay wages, in addition to those required by the
contract, for that employee, or any interest, penalty, or delinquency fee with respect to those
wages, retroactive to the date the relationship with the employee began, unless, however, the
commissioner determines that the employer willfully and intentionally entered the relationship

with the purpose of avoiding the payment of wages. The commissioner may 

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When the commissioner reviews a potential employment relationship involving an
independent contractor who has a valid identification number issued under section 34-05-01.4
and determines that the party described as an independent contractor is an employee for
purposes of wages, rather than an independent contractor, the commissioner may not require
the party determined to be the employer to pay wages, in addition to those required by the
contract, for that employee, or any interest, penalty, or delinquency fee with respect to those
wages, retroactive to the date the relationship with the employee began, unless, however, the
commissioner determines that the employer willfully and intentionally entered the relationship

with the purpose of avoiding the payment of wages. The commissioner may require the
payment of wages for that employee as of the date the order declaring an employment
relationship becomes final.