Free North Dakota Labor and Employment FAQs | Free North Dakota Labor and Employment Legal Documents

Am I Entitled To Breaks?

Tue, 29 May 2007 21:19:00 GMT

Any employee who works a shift exceeding five hours is entitled to an unpaid 30 minute uninterrupted meal break when there are two or more employees on duty. Other breaks, such as fifteen minute "coffee" breaks, are at the employer's discretion to offer but must be paid if they are less than 30 minutes.

Am I Entitled To My Unused Vacation When I Quit Or Am Fired?

Tue, 29 May 2007 21:19:00 GMT

Yes. Once paid time off is made available for an employee's use, any unused balance must be paid to the employee upon separation from employment. Unused sick leave does not have to be paid as long as it is kept in a separate balance from vacation.

Are There Restrictions On The Hours A Minor May Work?

Tue, 29 May 2007 21:19:00 GMT

Minors ages 14 and 15 may only work between the hours of 7:00 AM and 7:00 PM from Labor Day through May 31 and between the hours of 7:00 AM and 9:00 PM from June 1 through Labor Day. In addition, 14 and 15 yearold workers are limited to a maximum of 3 hours of work on a school day and 8 hours on a nonschool day and 18 hours in a school week and 40 hours in a nonschool week. A school week is any week, Monday through Sunday, in which school attendance is required for any part of four or more days.

Are Unemployment Insurance Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment benefits are considered taxable income for both Federal and State Income Tax purposes. In most cases no income tax is deducted from your payment until a release form with your signature is received. You may elect to withhold federal income taxes, federal and North Dakota income taxes, or no taxes. If you choose withholding, Federal income taxes will be withheld at a 10% rate. North Dakota income tax is 2%. This means that a total of 12% will be withheld from the payments of those applicants who elect the Federal and State withholding option. You are responsible for any tax liability owed on these benefits.

Can My Employer Fire Me Without A Reason?

Tue, 29 May 2007 21:19:00 GMT

Generally, yes. In North Dakota, any employment relationship without a specified term exists at the will of both parties (employer and employee) and can be terminated by either party at any time, with or without cause. However, an employer may not terminate an employee because of the employee's race, color, religion, sex, national origin, age, disability, marital status, pregnancy, etc.

Do I Continue To Certify My Eligibility While I Am Appealing A Decision On My Claim?

Tue, 29 May 2007 21:19:00 GMT

Yes, you must continue to certify each week you want to claim benefits by calling 18882633453, during the appeals process. If you do not continue to certify your weekly claims in a timely manner, you may be disqualified from receiving benefits for the weeks you do not certify.

How Do I Certify My Eligibility For My Weekly Unemployment Checks?

Tue, 29 May 2007 21:19:00 GMT

Once you have started your claim, you must certify each week on the Quickline. Quickline is a toll free phone line that allows users to certify eligibility for weekly payments, get general information about Unemployment Insurance and inquire whether a check has been mailed. The toll free Quickline number is 18882633453. To use Quickline, a personal identification number (PIN) is required. Your PIN protects you so unauthorized persons cannot obtain information about your claim.

How Do I File My Unemployment Insurance Claim?

Tue, 29 May 2007 21:19:00 GMT

To file a claim, call 18882633453. You will need the following information:

Your Social Security Number
Name, address and telephone number of all employers for whom you worked in the last 18 months or since last registering If you have military service in the last 18 months, you need to provide your DD214 (member 4). If registering by phone you need to fax a copy of your DD214 (member 4) to 17013282728 or mail a copy to JSND CS/CLAIM CENTER, P.O. Box 5507, Bismarck, ND 585065507.
If you have Federal Civilian employment in the last 18 months, you need to provide your Standard form 8 (SF8) and Standard form 50 (SF50) issued to you by your federal employer. If registering by phone you need to fax a copy of your SF8 and SF50 to 17013282728 or mail a copy to JSND CS/CLAIM CENTER, P.O. Box 5507, Bismarck, ND 585065507.
If you are not a US citizen but are authorized to be employed, your Alien Identification number.
If you are a union member, the name and local number of your union hall.

How Do I Report And Pay The Taxes Due?

Tue, 29 May 2007 21:19:00 GMT

After you are registered, you must file an Employer's Contribution and Wage Report each calendar quarter. These forms will be mailed to you each quarter after you have registered. They must be completed and returned with the taxes due by the end of the month following the quarter.

Job Service accepts contribution and wage reports via diskette, magnetic tape, and by FTP. All employers, accountants, bookkeepers and payroll reporting services with PC capabilities are strongly encouraged to file their Contribution and Wage Reports electronically, regardless of the number of employees reported. To file electronically, you must register for electronic filing with Job Service.

To request additional information or to register click here.

You may also contact the Centralized Services Customer Service Consultant at the Job Service Customer Service Office in your area.

How Much Can I Earn And Still Be Eligible For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may earn up to 60% of your weekly benefit amount and still receive your full benefit amount. Wages above 60% are deducted from your benefit amount on a dollarfordollar basis.

What Amount Of Unemployment Will I Get?

Tue, 29 May 2007 21:19:00 GMT

The amount of Unemployment Insurance that you can receive is determined from wages earned during a "base period". Base period means a 12month/ period consisting of the first four of the last five completed calendar quarters preceding the date you filed your claim. Your weekly amount will be the total of your highest two and onehalf quarters of base period earnings divided by 65. The maximum and the minimum benefit amounts are determined by law and are subject to change each July.

You may be eligible for 12 to 26 weeks of benefits depending on the wages reported in your base period. This can be paid out throughout your 52week benefit year.

What Are The Eligibility Requirements?

Tue, 29 May 2007 21:19:00 GMT

To qualify you must be unemployed at the time of filing or working less than fulltime and earning wages less than your weekly benefit amount. You must have a minimum of $2795 in covered wages from the highest 2 ½ quarters of your base period and your total base period wages must be 1 ½ times your highest quarter's wages.

You may have enough covered wages in your base period and still be denied for other reasons. Some of the reasons for disqualification are listed below.

You may be disqualified if you:

Were discharged or fired for misconduct
Voluntarily quit without good cause
Are not able and available for work
Are not a U.S. citizen and not authorized to work
Have limited the wages, hours, days, or areas of a job you would accept
Do not report for or satisfactorily participate in reemployment services
Are selfemployed
Are involved in a strike
Are not looking for work
Refused suitable work

What Are The Tax Rates In North Dakota?

Tue, 29 May 2007 21:19:00 GMT

The tax rates vary depending on the employer's experience with the unemployment insurance (contributions paid and benefits charged). Beginning in 2000 there are two tax rate schedules, Positive Balance and Negative Balance. Tax rate schedules range from 0.49% to 1.39% for Positive balance accounts and 6.49% to 10.09% for Negative balance accounts.

Unemployment Insurance Tax Rates are recalculated each year after September and are effective on January 1. For the 2003 Tax Rate Table, Click here.

Contact the Business Services Section of Centralized Services of Job Service North Dakota:

PO Box 5507
Bismarck, ND 585065507
(701) 3282814 or toll free at 18004722952 jsuits@state.nd.usYou may also download the Report to Determine Liability.

What Can Be Deducted From My Wages?

Tue, 29 May 2007 21:19:00 GMT

Legal deductions include required state and federal withholdings, any items ordered by a court, and documented payroll advances. Nothing else may be deducted without the employee's specific written authorization.

What Happens After I File An Appeal?

Tue, 29 May 2007 21:19:00 GMT

Upon receiving the appeal or request for hearing, the case is assigned to an appeals referee. If the request is filed timely a hearing is scheduled and you will receive a written notice of the date and time of the hearing. You will also receive a brochure, Guide to Unemployment Insurance Appeals, explaining the appeals process and how to prepare for the hearing.

What Happens In An Appeals Hearing?

Tue, 29 May 2007 21:19:00 GMT

The hearing is typically conducted by telephone, although the referee may, upon request of one of the parties of interest, conduct the hearing in person. The hearing is conducted with all parties of interest. When necessary, witnesses may also participate in the hearing process. The employee, employer, and witnesses give testimony relevant to the case under oath. Each party has the opportunity to ask questions of the other party. Documents that are relevant to the case and support your testimony may be submitted into evidence for the referee to consider in making a decision. When all testimony is on the record, the hearing is closed and the referee will issue a decision.

What If I Disagree With A Notice, Determination, Or Decision?

Tue, 29 May 2007 21:19:00 GMT

Employers and claimants have the right to appeal all notices, determinations, and decisions made by Job Service regarding Unemployment Insurance benefits and employer contributions, tax rate, etc. Each notice, determination, or decision contains information regarding how and when the appeal must be filed. Requests for an appeal must be in writing and filed before the deadline stated on the notice, determination, or decision.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Overtime is to be paid at one and onehalf times the regular rate of pay for hours worked in excess of 40 in a work week. Overtime need only be computed for actual hours worked. Vacation days, paid holidays, or sick days (time not worked) do not need to be included in an overtime computation. Nonexempt employees in the private sector cannot be granted compensatory time in lieu of monetary overtime compensation.

What Is The Minimum Age For Employment?

Tue, 29 May 2007 21:19:00 GMT

The minimum age for employment in North Dakota is 14. The law requires 14 and 15 yearold workers to file an Employment and Age Certificate with the Department of Labor. This form is commonly referred to as a "work permit." The form contains sections to be completed by the worker, the worker's parent or guardian, and the employer. It is specific to each job held and a new certificate must be filed when a 14 or 15 yearold worker changes jobs. Forms are available from the Department of Labor, Job Service North Dakota offices, and County School Superintendents' offices.

Teens may be exempt from some or all of the state youth employment rules under certain conditions:

They are exempt from the minimum age (14) and from the need for a work permit if they work for and under the direct supervision of their parent or guardian and if that person is 100 percent owner of the business.
They are exempt from the restricted hours and the need for a work permit if they are exempt from compulsory school attendance because they have completed the requirements for graduation, because they are needed to help financially support their family, or because they cannot be taught in a mainstream classroom due to a disability.
They are exempt from the minimum age, restricted hours, and the need for a work permit if they work in domestic service (performing services of a household nature in or about the employer's private home).
They are exempt from all youth employment provisions if they work in agricultural employment.

Babysitting in domestic service does not constitute employment unless it involves 20 or more hours of work for 3 or more consecutive weeks.

What Is The Taxable Wage Base?

Tue, 29 May 2007 21:19:00 GMT

The 2003 taxable base is $18,000. Each year the taxable wage base is recalculated for the next calendar year as 70% of the statewide average annual wage.

What Occupations Are Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Minors ages 14 and 15 are prohibited from performing certain types of work. Some examples of prohibited employment are employment involving the use of power driven machinery, construction work, work involving the use of chemicals, doortodoor sales, driving, and cooking. Lawnmowing is not prohibited for persons ages 14 and 15 under state law but is prohibited by federal law, except in domestic employment.

There are no restrictions on employment for persons age 16 and over under North Dakota youth employment laws. However, federal child labor laws prohibit certain types of employment for anyone under 18 years of age. Types of employment prohibited under these rules include roofing, most driving, and most work involving powerdriven machines.

What is the minimum wage in North Dakota?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in North Dakota is $6.55 per hour. An employee who customarily and regularly receives more than $30 per month in tips can be paid a minimum cash wage of $3.45 per hour. However, his or her tips plus the cash wage must equal at least the full minimum wage of $6.55 per hour for all hours worked each workweek.

When Does My Employer Have To Pay Me After I've Quit Or Been Fired?

Tue, 29 May 2007 21:19:00 GMT

A separated employee's wages become due and payable at the regular payday established in advance by the employer.

Who Must Pay Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

All nonagricultural employers who during the current or preceding year had one or more persons employed at any time during 20 or more weeks, or paid $1,500 or more in wages in a calendar quarter. Persons paying $1,000 or more in wages for domestic services in a calendar quarter in either the current or preceding year. Employers of agricultural labor who during the current or preceding year had 10 or more persons employed at anytime during 20 weeks, or paid in any quarter $20,000 or more in cash wages for agricultural labor. For more information, please check out the Employer's Guide to Unemployment Insurance in North Dakota

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