Employment contracts - North Dakota

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

North Dakota law contains provisions similar to federal law concerning union membership and an additional provision regarding employment contracts.

Union membership

An employer can not deny employment to an individual on the basis of union membership or non-membership, and any contract entered into to this effect is void. §34-01-14

Any employment contract or agreement requiring an employee to join or remain a member of a labor union, or to refrain from joining, or withdrawing membership in a labor union, is void. §34-08-04

Waiver of rights

An employee can not be required to enter into an agreement waiving the employee’s rights to workers’ compensation benefits. §65-01-10

State

Contact

North Dakota Department of Labor

Regulations

Union membership

North Dakota Century Code Title 34, §34-01-14, Right to work not to be abridged by membership or nonmembership in labor union.

and §34-08-04, Undertaking or promise to join or resign from labor organization not enforceable.

Waiver of rights

North Dakota Century Code §65-01-10, Waiver of rights to compensation void - Deduction of premium from employee prohibited - Penalty.

Federal

Contact

National Labor Relations Board

Regulations

National Labor Relations Act

29 U.S.C. §§151-169