§ 34-14-09 — Employees' remedies - Limitation on wages collectible

1. An employee may file with the department a claim for wages due under this chapter or
under chapter 34-06 if the filing is made within two years from the date the wages are
due and the amount of the wages claimed due is at least one hundred twenty-five
dollars but not more than fifteen thousand dollars. For purposes of this section, wages
are due at each regular payday immediately following the work period during which
wages were earned. If the department denies the claim for wages due because the
amount claimed is less than one hundred twenty-five dollars, the department shall
inform the claimant of the opportunity for the claimant to pursue the claim in small
claims court under chapter 27-08.1. If the department denies the claim for wages due
because the amount claimed is more than fifteen thousand dollars, the department
shall inform the claimant of the opportunity for the claimant to pursue the claim in
district court under chapter 27-05.
2. If the labor commissioner determines wages have not been paid and that the unpaid
wages constitute an enforceable claim, the commissioner, upon request of the
employee, may take an assignment in trust for the wages or a claim for liquidated
damages in amounts the commissioner deems valid and enforceable without being
bound by the technical rules respecting the validity of any assignments and may bring
any legal action necessary to collect the claim. With the consent of the assigning
employee at the time of the assignment, the commissioner may settle and adjust the
claim to the same extent as the assigning employee.
3. The limitation of action under section 34-01-13 is tolled by the filing of a claim with the
commissioner until the commissioner determines the claim is not enforceable or the
commissioner reassigns the claim to the employee.