North Dakota Code 34-14-05 – Enforcement
1. The labor commissioner or the commissioner’s deputy shall ensure compliance with this chapter, investigate alleged violations of this chapter, and institute or cause to be instituted actions for penalties and forfeitures related to violation of this chapter.
Terms Used In North Dakota Code 34-14-05
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
2. The commissioner or the commissioner’s deputy may hold hearings on the merits of any claim and shall cooperate with any employee in the enforcement of a claim against the employee’s employer in any case if, in the commissioner’s opinion, the claim is valid.
3. In investigating a complaint under this chapter, the commissioner may require the attendance of a witness and the production of a book, record, document, data, or other object at any hearing or with reference to any matter the commissioner has the authority to investigate under this chapter.
a. If under this subsection a witness fails or refuses to appear or to produce, the commissioner may issue a subpoena to compel the witness to appear or a subpoena duces tecum to compel the witness to appear and produce a relevant book, record, document, data, or other object.
b. If a person refuses to obey a subpoena, the district court, upon application by the commissioner, may issue to the person an order requiring the person to appear and give evidence or otherwise produce documentary evidence requested by the commissioner regarding the matter under investigation.
c. A witness subpoenaed under this section who appears at a hearing or has a deposition taken is entitled to receive the same fees and mileage as a witness in a civil case in district court.
4. The commissioner may consider any offsets, deductions, or counterclaims asserted by an employer during the commissioner’s investigation and determination of the validity, enforceability, and amount of any claim for wages. An employer shall disclose the basis for and the amount of any claimed offset, deduction, or counterclaim to the commissioner within the time the commissioner directs.
5. The commissioner and the commissioner’s authorized representatives have the right to enter places of employment for the purpose of inspecting records and seeing that all provisions of this chapter are complied with.