North Dakota: Recent Employment Updates

North Dakota enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Volunteer Emergency Responder Leave. Covered leave now includes all volunteer members of the army or air national guard in any state, not just North Dakota.

Marijuana “Decriminalization”. North Dakota reduced penalties for first-time possession of up to a half ounce of marijuana to only a fine, not jail time. However, possession of larger amounts, repeat offenses, and sales or trafficking can still result in harsher sentences. The lessening of punishment for first-time offenders does not make marijuana legal; it merely treats the infraction more like a traffic ticket.

Workers’ Compensation. Employers are now required to electronically file annual payroll reports with the Workers Safety and Insurance Organization (WSIO). The WSIO may require advance payment of the premium, paid either in full or in installments. Any payment is considered in default one month from the payment due date specified in the billing statement.

Minimum Wage. Municipalities are now prohibited from enacting minimum wage rates different from what is set by the state.

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