34-06.1 Equal Pay for Men and Women - North Dakota Statutes

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CHAPTER 34-06.1EQUAL PAY FOR MEN AND WOMEN34-06.1-01. Declaration of public policy. The public policy of this state is declared tobe that the practice of discriminating on the basis of sex by paying wages to employees of one
sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on
jobs which have comparable requirements unjustly discriminates against the person receiving the
lesser rate; leads to low worker morale, high turnover, and frequent labor unrest; discourages
workers paid at the lesser wage rates from training for higher level jobs; curtails employment
opportunities, decreases workers' mobility, and increases labor costs; impairs purchasing power
and threatens the maintenance of an adequate standard of living by such workers and their
families; prevents optimum utilization of the state's available labor resources; threatens the
well-being of citizens of this state; and adversely affects the general welfare.It is thereforedeclared to be the policy of this state through exercise of its police power to correct and, as
rapidly as possible, to eliminate discriminatory wage practices based on sex.34-06.1-02. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Commissioner" means the labor commissioner.2."Employ" includes to suffer or permit to work.3."Employee" means any individual employed by an employer, including individuals
employed by the state or any of its political subdivisions, including public bodies.4."Employer" means any person acting directly or indirectly in the interest of an
employer in relation to one or more employees of each sex.5."Occupation" includes any industry, trade, business or branch thereof, or any
employment or class of employment, but does not include domestic employment in
private homes.6."Person" includes one or more individuals, partnerships, corporations, limited liability
companies, legal representatives, trustees, trustees in bankruptcy, or voluntary
associations.7."Wage rate" means all compensation for employment, including payment in kind and
amounts paid by employers for employee benefits, as defined by the commissioner
in regulations issued under this chapter.34-06.1-03.Prohibition of discrimination. No employer may discriminate betweenemployees in the same establishment on the basis of gender, by paying wages to any employee
in any occupation in this state at a rate less than the rate at which the employer pays any
employee of the opposite gender for comparable work on jobs which have comparable
requirements relating to skill, effort, and responsibility. Differentials that are paid pursuant to
established seniority systems, job descriptive systems, merit increase systems, or executive
training programs, and which do not discriminate on the basis of gender, are not within this
prohibition. An employer who is paying a wage differential in violation of this chapter may not, in
order to comply with this chapter, reduce the wage rates of any employee. No person may
cause or attempt to cause an employer to discriminate against any employee in violation of this
chapter. No employer may discharge or discriminate against any employee by reason of any
action taken by the employee to invoke or assist in any manner the enforcement of this chapter,
except when proven that the act of the employee is fraudulent.34-06.1-04. Powers of commissioner. The commissioner has the power and duty tocarry out the provisions of this chapter and for this purpose, the commissioner, or the
commissioner's authorized representative, has power to:Page No. 11.With the consent of the employer or upon appropriate court order, for cause, enter
the place of employment of any employer to inspect and copy payrolls and other
employment records, to compare character of work and operations on which
persons employed by the employer are engaged, to question such persons, and to
obtain such other information as is reasonably necessary to the administration and
enforcement of this chapter.2.Examine witnesses under oath, and to require by subpoena the attendance and
testimony of witnesses and the production of any documentary evidence relating to
the subject matter of any investigation undertaken pursuant to this section.3.Eliminate pay practices unlawful under this chapter, by informal methods of
conference, conciliation and persuasion, and to supervise the payment of wages
owing to any employee under this chapter.4.Issue such regulations, not inconsistent with the purpose of this chapter, as the
commissioner deems necessary or appropriate to carry out its provisions.Witnesses summoned by the commissioner or the commissioner's authorized representative
must be paid the same fees as are allowed witnesses attending the district courts of this state. In
the event of the failure of a person to attend, testify, or produce documents under or in response
to a subpoena, the court on application of the commissioner or the commissioner's
representative may issue an order requiring said person to appear before the commissioner or
authorized representative, or to produce documentary evidence, and any failure to obey such
order of the court may be punished by the court as a contempt thereof.34-06.1-05. Collection of unpaid wages and other relief. Any employer who violatesthe provisions of section 34-06.1-03 is liable to the employee or employees affected in the
amount of their unpaid wages and in instances of willful violation in employee suits up to an
additional equal amount as liquidated damages.Action to recover such liability may bemaintained in any court of competent jurisdiction by any one or more employees for and in behalf
of the employee or group of employees and other employees similarly situated. The court in
such action shall, in cases of violation in addition to any judgment awarded to the plaintiff or
plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.
An agreement by any such employee to work for less than the wage to which such employee is
entitled under this chapter is not a bar to any such action or to a voluntary wage restitution of the
full amount due under this chapter. At the written request of any employee claiming to have
been paid less than the wage to which the employee may be entitled under this chapter, the
commissioner may bring any legal action necessary in behalf of the employee to collect such
claim for unpaid wages. The commissioner may not be required to pay the filing fee, or other
costs, in connection with such action. The commissioner has the power to join various claims
against the employer in one claim for relief. In proceedings under this section, the court may
order other affirmative action as appropriate, including reinstatement of employees discharged in
violation of this chapter. The commissioner has the power to petition any court of competent
jurisdiction to restrain violations of section 34-06.1-03, and for such affirmative relief as the court
may deem appropriate, including restoration of unpaid wages and reinstatement of employees,
consistent with the purpose of this chapter.34-06.1-06. Statute of limitations. Court action under this chapter may be commencedno later than two years after the claim for relief occurs.34-06.1-07. Records and reporting. Every employer subject to this chapter shall make,keep, and maintain such records of the wages and wage rates, job classifications, and other
terms and conditions of employment of the persons employed by the employer, and shall
preserve such records for such periods of time, and shall make such reports therefrom as the
commissioner prescribes.34-06.1-08. Posting of law. Repealed by S.L. 1997, ch. 296,