# Title 46 — Labor Commissioner

## Article 46-01 — General Administration

## Chapter 46-01-01 — Organization of Department of Labor

### § 46-01-01-01. Organization of department of labor.

1. History. The 1965 legislative assembly established the department of labor. The department
is headed by a labor commissioner. The commissioner was originally elected on the no-party
ballot for a term of four years, with the first election being held in 1966. Prior to this time
agriculture and labor were one department under the commissioner of agriculture and labor.
Effective January 1, 1999, the commissioner is appointed and serves at the pleasure of the
governor.
2. Divisions and functions. The department of labor is comprised of two divisions. The wage
and hour division is primarily responsible for investigating and resolving claims of unpaid
wages and other labor standards. The human rights division is responsible for investigating
and resolving complaints of discrimination.
a. Wage and hour division. The wage and hour division handles labor standards, including
inquiries and investigation regarding wage payment, child labor, minimum wage,
overtime, employment agencies, independent contractor verification, and subminimum
wage. Inquiries regarding wage and hour disputes may be addressed to:
North Dakota Department of Labor
Wage and Hour Division
State Capitol
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
b. Human rights division. The human rights division may mediate, conciliate, or investigate
complaints or charges of discrimination in the areas of employment, housing, public
services, public accommodations, and credit transactions based on a person's
membership in a protected category as set forth in North Dakota Century Code chapters
14-02.4 and 14-02.5. In addition, the human rights division may receive complaints of
retaliation under North Dakota Century Code sections 34-01-20 and 34-11.1-05 and
attempt voluntary compliance through informal advice, negotiation, or conciliation.
Inquiries may be addressed to:
North Dakota Department of Labor
Human Rights Division
State Capitol
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
History: Amended effective November 1, 1981; October 1, 1987; November 1, 1989; August 1, 1991;
February 1, 1993; May 1, 1994; October 1, 1996; July 1, 2010.
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
