North Dakota § 34-13-01 - Definitions

§ 34-13-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the labor commissioner. 2. "Employee" means any individual, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the medium of service of an employment agent. 3. "Employer" means any individual, firm, corporation, limited liability company, or association employing or seeking to enter into an arrangement to employ any individual through the medium or service of an employment agent. 4. "Employment agent" or "employment agency": a. Means any individual, firm, corporation, limited liability company, or association in this state engaged for hire or compensation in the business of furnishing: (1) Individuals seeking employment or changing employment, with information or other service enabling or tending to enable such individuals to procure employment, by or with employers, other than such employment agent; or (2) Any other individual, firm, corporation, limited liability company, or association that may be seeking to employ or may be in the market for help of any kind, with information enabling or tending to enable such other individual, firm, corporation, limited liability company, or association to procure such help. b. Does not include: (1) An individual, firm, corporation, limited liability company, or association employing individuals to render part-time or temporary services to or for a third person, if the individual, firm, corporation, limited liability company, or association employing the individuals, in addition to wages or salaries, pays social security and unemployment insurance taxes, provides workforce safety and insurance coverage, and is responsible for the acts of the employees while rendering services to or for a third person. (2) An individual, firm, corporation, limited liability company, or association charging service fees or any other charges exclusively to employers. (3) An individual, firm, corporation, limited liability company, or association licensed or certified by the department of health and human services to provide employment related services, to the extent the employment-related services are being provided for the clientele identified by the department in the issuance of the license or certificate. 5. "Gross misconduct" means misconduct involving assault and battery, the malicious destruction of property, or the theft of money or property.