N.D. Cent. Code § 34-14-09.2: Limitations on accrued paid time off - Investigation

1.If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:

a.At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;

b.The employee has been employed by the employer for less than one year; and

c.The employee gave the employer less than five days' written or verbal notice.

2.If an employee separates from employment, a private employer may withhold payment for paid time off if:

a.The paid time off was awarded by the employer but not yet earned by the employee; and

b.Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off.

3.As provided under section 34-14-05, an employee may report a violation under this section. If a report of violation is made within thirty days of the alleged violation, the labor commissioner shall investigate the merits of the claim. If a report is made more than thirty days following the alleged violation, the commissioner may investigate the merits of the claim.