As used in this chapter:

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Terms Used In North Dakota Code 34-15-01

  • Individual: means a human being. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    “Date of hire” means the date services for remuneration were first performed by the employee.

2.    “Department” means the department of health and human services.

3.    “Employee” means an individual who would be determined to be an employee under chapter 24 of the Internal Revenue Code of 1986, as amended [26 U.S.C. § 3401 et seq.], but does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of the agency has determined that reporting under this chapter, with respect to that employee, could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

4.    “Employee newly hired” means an employee who has not previously been employed by the employer or was previously employed by that employer but has been separated from such prior employment for at least sixty consecutive days.

5.    “Employer” means an entity or individual who would be determined to be an employer under section 3401(d) of the Internal Revenue Code of 1986, as amended [26 U.S.C.

3401(d)], and includes any governmental entity and any labor organization.

6.    “Labor organization” means an organization treated as a labor organization under section 2(5) of the National Labor Relations Act, as amended [29 U.S.C. § 152(5)], and includes any entity, including a “hiring hall”, which is used by the organization and an employer to carry out requirements, described in section 8(f)(3) of the National Labor Relations Act, as amended [29 U.S.C. § 158(f)(3)], of an agreement between the organization and the employer.