34-14-09.2. Limitations on accrued paid time off - Investigation
193 words·~1 min read·
/nd/title-34/chapter-34-14-wage-collection/34-14-09-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.