§ 65-01-03 — Individual performing service for remuneration presumed an employee

North Dakota § 65-01-03

• Jurisdiction: North Dakota
• Title 65: Workforce Safety and Insurance
• Ch. 65-01: General Provisions

Text

1. Each individual who performs services for another for remuneration is presumed to be
an employee of the person for which the services are performed, unless it is proven
that the individual is an independent contractor under the common-law test. The
person that asserts that an individual is an independent contractor under the
common-law test, rather than an employee, has the burden of proving that fact.
2. In the case of commercial motor vehicles whose gross vehicle weight rating is more
than twenty-six thousand pounds [11793.40 kilograms], with an individual operating a
licensed truck or licensed tractor for a motor carrier of property, the presumption in
subsection 1 is successfully rebutted if all of the following factors are present:
a. The individual owns, leases, or enters a purchase agreement to purchase a truck
or tractor. The lease or purchase agreement must represent reasonably the value
of the lease or purchase of the truck or tractor. The lease or purchase agreement
may be with the carrier of property. An unreasonable lease or purchase
agreement with a third party, unaffiliated with the carrier, does not affect this
factor.
b. The individual is responsible for the maintenance and repair of the truck or
tractor.
c. The individual bears the principal burden of operating costs, including fuel,
supplies, vehicle insurance, and personal expenses.
d. The individual is responsible for supplying the necessary personal services to
operate the truck or tractor.
e. Income taxes are not withheld from the individual's compensation.
f. The individual generally determines the details and means of performing the
services, in conformance with statutory or regulatory requirements, operating
procedures of the carrier, and specifications of the shipper.
g. The individual enters a written agreement with the motor carrier outlining the
nature of the relationship.