North Dakota § 34-14-09.2 - Limitations on accrued paid time off - Investigation

§ 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.