2007-09 Biennial Report Department of Labor Report

7/28/2019 2007-09 Biennial Report Department of Labor Report

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Department History

In 1889, the North Dakota Constitution created the Department of Agriculture and Labor. Voters inthe 1960 primary election approved a constitutional amendment authorizing the legislature toestablish a Department of Labor separate from the Department of Agriculture. In 1965, the

legislature created the Department of Labor. The departments functions at that time consisted ofestablishing and enforcing standards for wages and working conditions in the state.

In 1983, the state legislature enacted N.D.C.C. ch. 14-02.4, the North Dakota Human Rights Act,which authorized the Department of Labor to investigate complaints alleging discriminatoryemployment practices. In 1999, the state legislature added to the departments human rightsresponsibilities when it enacted N.D.C.C. ch. 14-02.5, the North Dakota Housing DiscriminationAct, which authorized the department to investigate complaints of discriminatory housing practices.In 2000, the Human Rights Division was established within the Department of Labor.

Additional amendments to the Human Rights Act were passed in 2001 authorizing the departments

Human Rights Division to enforce all remaining areas protected under the Act, including publicaccommodations, public services, advertising for public accommodations or services, and credittransactions. In 2009, the legislative assembly amended and reenacted portions of the PublicEmployees Relations Act under N.D.C.C. ch. 34-11.1, providing that the labor department receivecomplaints and attempt voluntary compliance relating to N.D.C.C. 34-11.1-04.

From its inception in 1966 until 1998, the Department of Labor was administered by aCommissioner who was elected on a no-party ballot to a term of four years. In 1995, theLegislative Assembly passed legislation making the Commissioner of Labor an appointee of theGovernor effective January 1, 1999, or upon the vacancy of the office. The states last electedCommissioner, Craig Hagen, resigned his office in August 1998. Since that time, the

Commissioner of Labor has served at the pleasure of the Governor and is a member of theGovernors Cabinet.

Commissioners of Labor

Orville Ike Hagen 1966-1986Byron Knutson 1987-1990Craig Hagen 1991-1998Tony Clark 1999-2000Mark D. Bachmeier1 2001-2004Leann K. Bertsch 2004-2005

Lisa K. Fair McEvers 2005-present

1Mark Bachmeier also served as Interim Labor Commissioner when Craig Hagen departed in August 1998 until the appointment ofTony Clark in September 1999.


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Department Organization

The Commissioner administers the North Dakota Department of Labor. During the 2007-09biennium, the Commissioner had a staff of ten FTE to assist in the duties of the office. Thedepartment has two primary functional areas, administration and investigation/case management.The departments Business Managerand the Commissioner oversee the administrative area, whichencompasses the day-to-day management of the agencys operations, budgeting, planning, andsupport functions. The departments Human Rights Director and the Commissioner oversee thecase management areas, which encompass the investigation and resolution of labor and humanrights complaints, research, and other related activities.

The staff of the department understands that communication and education are vital, and welcomeopportunities to speak to employees, employers, housing and service providers, and other citizens tohelp resolve concerns and help them to better understand their rights and responsibilities underlabor and human rights laws. All department staff respond to public inquiries via telephone, email,and in person. In addition, all staff assist in the departments educational efforts by contributing tothe development of informational brochures, other reference materials, and may participate ineducational presentations.

Department Organizational Chart

Duties and Responsibilities

The duties of the Commissioner of Labor are prescribed by law in N.D.C.C. 34-05-01.3. Thoseresponsibilities include:

Improve working and living conditions of employees and advance the opportunities foremployment.

Foster, promote, and develop the welfare of wage earners and industries in North Dakota. Promote cooperative relations between employers and employees.

GovernorJohn Hoeven

Commissioner

Lisa K. Fair McEversBusinessManager

Administrative

Officer

Office

Assistant

Human RightsDirector

ComplianceInvestigator



ComplianceInvestigator ComplianceInvestigator ComplianceInvestigator


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Cooperate with other governmental agencies to encourage the development of new and existingindustries.

Represent the state of North Dakota in dealings with the U.S. Department of Labor, with thefederal mediation and conciliation service, and with the U.S. Veterans Administration withregard to job training programs.

Acquire and disseminate information on subjects connected with labor, relations between

employers and employees, hours of labor, and working conditions. Encourage and assist in the adoption of practical methods of vocational training, retraining, and

vocational guidance. Report biennially to the governor and the legislative assembly concerning activities of the

department. Administer the provisions of chapter 34-06 relating to wages and hours, chapter 34-07 relating

to child labor, and the provisions of chapter 34-12 relating to labor-management relations. Perform duties as may be required by state law.

The commissioner is also required to ensure compliance with the provisions of N.D.C.C. ch. 34-14on Wage Collection, receive and review applications for employment agency licenses under

N.D.C.C. ch. 34-13, and enforce employment preferences for bona North Dakota residents underN.D.C.C. 43-07-20 through 43-07-22. In addition, the department is required to receivecomplaints of retaliation and attempt voluntary compliance under N.D.C.C. 34-01-20(4).

The department is also responsible for enforcement of the provisions of N.D.C.C. ch. 14-02.4, theHuman Rights Act, and N.D.C.C. ch. 14-02.5, the Housing Discrimination Act. Theseresponsibilities include:

Receiving and investigating complaints alleging discriminatory practices in the state. Educating the public regarding anti-discrimination laws. Studying the nature and extent of discrimination in the state.

Programs and Activities

The Department of Labors main program activities are related to the enforcement of state laborstandards and human rights laws. Labor standards laws include those governing the payment ofwages, minimum wage, overtime, breaks, paid time off, and child labor. North Dakota humanrights laws prohibit discrimination in employment, housing, public services, publicaccommodations, and credit transactions. In addition, the department is responsible to issue sub-minimum wage certificates, verify independent contractor status, and license employment agencies.

Wage & Hour

The Department of Labor is responsible for enforcement of the wage and hour provisions outlinedin several chapters of N.D.C.C. tit. 34 and the North Dakota Wage and Working Conditions Orderfound in N.D. Admin. Code ch. 46-02-07. Under these provisions, the Commissioner of Labor hasthe authority to investigate violations, to enter places of employment, to inspect records, to takeassignment of wage claims, and to institute or cause to be instituted actions to collect wages.


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In carrying out these responsibilities, the department investigates and enforces Claims for UnpaidWages, pursuant to N.D.C.C. ch. 34-14, and addresses other labor standards issues utilizing a rangeof means from informal communications to the formal investigation of written complaints. Thegoal of the department is to provide information, correct misunderstandings and misconceptions,and resolve disputes using the means most appropriate to a given situation for timely and effective

service to both employees and employers.

The following tables summarize the departments activity relating to Claims for Unpaid Wages filedand closed during the 2007-09 biennium:

Summary of Claims for Wages, 2007-09 Biennium

Claims Pending 6/30/2007 62

New Claims Filed 7/1/20076/30/2009 690

Claims Closed 7/1/20076/30/2009 692

Claims Pending 6/30/2009 60

Claims for Wages Closed, 2007-09 Biennium

Claims Closed 692

Average Days to Closure 81

Total Amount Collected $550,500


Settled without Determination 185

Settled after Determination 139

No Merit Determination 112

Small Claims Court for Enforcement 21

Attorney General for Enforcement 145

Referred to US Department of Labor 1

Withdrawn by Claimant 37

Dismissed2 52

Total Claims Closed 692

2Claims may be dismissed for a variety of reasons including lack of jurisdiction, lack of evidence,failure of claimant to respond, etc.


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by Basis of Claim3

Minimum Wage 27

Unpaid Wages 481

Unpaid Overtime 89Unpaid Vacation 175

Unauthorized Deductions from Pay 110

Unpaid Commissions 2

Unpaid Bonus 4


by County of Employer

Adams 0 McLean 4

Barnes 4 Mercer 6

Benson 1 Morton 22

Billings 0 Mountrail 2

Bottineau 3 Nelson 4

Bowman 2 Oliver 4

Burke 2 Pembina 13

Burleigh 95 Pierce 0

Cass 187 Ramsey 7

Cavalier 6 Ransom 3

Dickey 2 Renville 1

Divide 0 Richland 30

Dunn 2 Rolette 5

Eddy 3 Sargent 2

Emmons 3 Sheridan 0

Foster 2 Sioux 0

Golden Valley 1 Slope 0

3 Claims may have more than one basis.


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Grand Forks 56 Stark 32

Grant 1 Steele 0

Griggs 2 Stutsman 23

Hettinger 3 Towner 0

Kidder 4 Traill 8

LaMoure 0 Walsh 8

Logan 0 Ward 44

McHenry 1 Wells 2

McIntosh 1 Williams 15

McKenzie 8 Out of State 68


The department also resolved a number of cases through a process called Complaint Inquiry. Thisinformal process is used mainly in instances where there may be a dispute over a final paycheckbetween the employer and employee, but may also be used to address other violations of law. Thefollowing chart summarizes the departments efforts regarding Complaint Inquiries:

Summary of Complaint Inquiries, 2007-09 Biennium

Inquiries opened 7/1/20076/30/2009 356

Inquiries closed 7/1/20076/30/2009 352

Inquiries pending 6/30/2009 4

Total Collected 7/1/20076/30/2009 $102,740

The number of complaint inquiries received declined slightly during the 2007-09 biennium, withapproximately 3% fewer received than the previous biennium. Despite the decrease in the numberof complaint inquiries received, the department collected approximately 8% more in wages.

Youth Employment

North Dakota Youth Employment Laws, found in N.D.C.C. ch. 34-07, were established to preventthe employment of minors at an unsuitable age, for excessive hours, and/or in unsafe or undesirableworking conditions.

Youth Employment Laws restrict the employment of workers under the age of 16 in four ways:


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1. Minimum Age - Establishes a minimum age of 14 to be employed in North Dakota.

2. Employment & Age Certificate - Requires that 14 and 15 year old workers file an Employmentand Age Certificate (also known as a work permit) with the department for each job held atage 14 or 15. The permit must be signed by the minors parent or guardian, and filed with thedepartment and the employer. In addition, the permit must be filed with the principal of the

minors school. The department reviews the permit to verify the employees age, the job dutiesbeing performed, and the rate of pay earned. The department also files a copy with U.S.Department of Labor for their review for compliance with federal laws.

3. Restricted Work Hours - Establishes restricted working hours for both school and summermonths, including a maximum number of hours per day and per week, as well as defining timesduring which the employee is allowed to work.

4. Restricted Work Duties - Prohibits young workers from being employed in specific occupationsdetermined to be hazardous.

There are limited exemptions from North Dakota Youth Employment Laws that may apply to teenworkers who are exempt from compulsory school attendance, employed under the directsupervision of his/her parent or guardian, working on a farm or ranch doing agricultural work,and/or working in domestic service performing services of a household nature in or about theprivate home of the employer.

During the 2007-09 biennium, 2,563 Employment and Age Certificates were filed with theDepartment of Labor for 14-15 year old workers in North Dakota.

Equal Employment Opportunity

The Department of Labor is authorized under the North Dakota Human Rights Act, N.D.C.C. ch.14-02.4, to investigate complaints alleging discriminatory employment practices. In addition, thedepartment was designated a Fair Employment Practices Agency (FEPA) by the Federal EqualEmployment Opportunity Commission (EEOC) in October 1987. This designation permits thedepartment to contract with the EEOC to conduct investigations for the federal agency. Under thecontract, complaints meeting both federal and state jurisdictions are dual-filed under both stateand federal statutes but a single investigation is conducted by the department. Complaints subjectto dual-filing are those meeting jurisdictional requirements under any of the federal equalemployment laws, including Title VII of the Civil Rights Act of 1964, Title I of the Americans withDisabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA).In addition, the North Dakota Human Rights Act prohibits discrimination in three areas not

protected by any of the federal statutes - marital status, receipt of public assistance, andparticipation in lawful activity which is off the employers premises outside of regular workinghours which is not in direct conflict with the essential business-related interests of the employer.

The following tables summarize the departments activity relating to charges of emp loymentdiscrimination for the 2007-09 biennium:


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Summary of EEO Charges, 2007-09 Biennium

Charges Pending 6/30/2007 41

New Charges Filed 7/1/20076/30/2009 314

Charges Closed 7/1/20076/30/2009 276

Charges Pending 6/30/2009 79

EEO Charges Closed, 2007-09 Biennium

Charges Closed 276


Number of Charges Settled 35

Total Amount of Settlements $122,452


Settled 35

Determined with No Probable Cause 209

Determined with Probable Cause 3

Notice of Right to Sue Issued 4


Dismissed4 10

Total Charges Closed 276


by Statutory Jurisdiction

Title VII of the Civil Rights Act of 1964 154

Americans with Disabilities Act of 1990 85

Age Discrimination in Employment Actof 1967

48

North Dakota Human Rights Act Only5 22

4Charges may be dismissed for a variety of reasons including lack of jurisdiction, lack of evidence,failure of claimant to respond, etc.5All charges meeting federal jurisdiction also meet North Dakota jurisdiction.


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by Basis of Charge6

Age 58

Color 17

Disability 89Marital Status 5

National Origin 11

Pregnancy 12

Receipt of Public Assistance 1

Race 41

Religion 14

Retaliation 63Sex 109

Lawful Activity7 3

Release of Medical Information8 1

Employment Retaliation

The Department of Labor is authorized to receive complaints alleging employment retaliation under

N.D.C.C. 34-01-20, and to seek voluntary compliance with the section through informal advice,negotiation, and conciliation. Under N.D.C.C. 34-01-20, employers are prohibited fromdischarging, discriminating against, or penalizing an employee because the employee reports whathe or she believes in good faith to be a violation of state or federal law or local ordinance;participates in an investigation, hearing, or inquiry by a public body; or refuses to perform actionthat he or she believes to be a violation of state or federal law or local ordinance.

During the 2007-09 biennium, the department received 42 complaints of employment retaliationand closed 52. At the end of the biennium, the department had 5 pending retaliation complaints.

6 Charges may have more than one basis.7Lawful Activity is used to abbreviate the full protected category for: participation in lawful activity off the employerspremisesduring nonworking hours which is not in direct conflict with the essential business-related interests of the employer.8Release of Medical Information is used to abbreviate the requirements underThe Americans with Disabilities Act of 1990 asamended and N.D.C.C. 14-02.4-10(4) regarding the confidentiality of employees medical information.


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Housing Discrimination

The Department of Labor is authorized under N.D.C.C. ch. 14-02.5, the Housing DiscriminationAct, to receive and investigate complaints alleging discriminatory housing practices. The FederalDepartment of Housing and Urban Development (HUD) has deemed the North Dakota law housingsubstantially equivalent to the Fair Housing Act, meaning that it offers at least the sameprotections and remedies as the federal law. The substantial equivalency status of the law allowsthe department to enter into work sharing agreements with HUD, which provides funding to thedepartment in exchange for access to the departments investigative findings in housingdiscrimination complaints.

The following tables summarize the departments activity relating to complaints alleging housingdiscrimination for the 2007-09 biennium:

Summary of Housing Discrimination Complaints

2007-09 Biennium

Complaints Pending 6/30/2007 12New Complaints Filed

7/1/20076/30/2009117

Complaints Closed 7/1/20076/30/2009 115

Complaints Pending 6/30/2009 14

Housing Discrimination Complaints Closed

2007-09 Biennium

Complaints Closed 115


Number of Complaints Settled 39

Total Amount of Settlements9 $25,976


2007-09 Biennium

Settled 39

Determined with No Probable Cause 52

Determined with Probable Cause 11

9Monetary settlements reflect only a portion of the relief obtained by claimants in the area of housing. In addition, claimants

obtained reasonable accommodations based on their disabilities, modifications to their housing units, and housing providers wererequired to attend instruction on housing discrimination in an effort to eradicate discrimination through education.


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Referred to HUD 0

Dismissed 2


Total Complaints Closed 115


2007-09 Biennium

by Basis of Charge10

Age 1

Color 9

Disability 54

Familial Status 22Marital Status 1

National Origin 8


Race 20

Religion 3

Retaliation 5

Sex 6


2007-09 Biennium

by County of Charging Party

Adams 0 McLean 0

Barnes 0 Mercer 1

Benson 0 Morton 5



Bowman 0 Oliver 0

10Complaints may have more than one basis.


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Burke 0 Pembina 1


Cass 29 Ramsey 0

Cavalier 1 Ransom 0

Dickey 0 Renville 0

Divide 0 Richland 0

Dunn 0 Rolette 0

Eddy 0 Sargent 0

Emmons 0 Sheridan 0

Foster 0 Sioux 0



Grant 0 Steele 0

Griggs 0 Stutsman 0


Kidder 0 Traill 0

LaMoure 0 Walsh 0

Logan 0 Ward 11

McHenry 0 Wells 0




Discrimination in Public Services, Public Accommodations, & Credit

Transactions

The Department of Labor is authorized under N.D.C.C. ch. 14-02.4, the North Dakota HumanRights Act, to investigate complaints alleging discrimination in public accommodations, publicservices, and credit transactions. Public accommodations are services or facilities offered to thepublic for a fee, charge, or gratuity; public services are the services or facilities provided by agovernmental entity; and credit transactions include all services related to the provision of non-


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housing-related credit (discrimination in credit transactions related to housing is covered underhousing discrimination laws).

The following tables summarize the departments activity relating to compla ints allegingdiscrimination in public accommodations, public services, and non-housing credit transactions(other human rights) during the biennium:

Summary of Other Human Rights Complaints,

2007-09 Biennium


New Complaints Filed7/1/20076/30/2009

62

Complaints Closed 7/1/20076/30/2009 65


Other Human Rights Complaints Closed

2007-09 Biennium

by Type of Discrimination

Public Accommodations 24

Public Services 41

Credit Transactions 0



2007-09 Biennium

Complaints Closed 65



2007-09 Biennium

Settled 1

Determined with No Probable Cause 44Determined with Probable Cause 6


Dismissed 12



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2007-09 Biennium

by Basis of Charge11

Age 7

Color 15

Disability 29

Marital Status 4

National Origin 8


Race 28

Religion 7

Retaliation 7

Sex 11


2007-09 Biennium

by County of Respondent

Adams 0 McLean 1

Barnes 0 Mercer 0

Benson 0 Morton 2



Bowman 0 Oliver 0

Burke 0 Pembina 0


Cass 10 Ramsey 1

Cavalier 0 Ransom 0

Dickey 0 Renville 0

Divide 2 Richland 0

11Complaints may have more than one basis.


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Dunn 0 Rolette 0

Eddy 0 Sargent 2

Emmons 0 Sheridan 0

Foster 0 Sioux 0



Grant 0 Steele 0

Griggs 0 Stutsman 12


Kidder 0 Traill 0

LaMoure 0 Walsh 0

Logan 0 Ward 2

McHenry 0 Wells 0




Independent Contractor Verification

The Department of Labor has authority under N.D.C.C. 34-05-01.4 to determine if a worker isfunctioning as an employee or an independent contractor in a particular work relationship. Duringthe 2007-09 biennium, the department reviewed 14 applications for independent contractor status.Of these, eight were verified to be independent contractor relationships.

In making such determinations, the department utilizes a twenty-point Common Law test, whichinvolves consideration of such factors as degree of control, integration of the work into the firmsbusiness operations, workers business operations, and opportunity for profit or loss. The

verification is valid only for the specific work relationship assessed. A worker wishing verificationfor a future work relationship must complete a separate application for that relationship.

The verification process is voluntary. However, if the department is able to offer an affirmativeverification, the firm involved may have protection from retroactive liability that may otherwise beincurred if the relationship is later determined by another entity to be an employment relationshipinstead of an independent contractor relationship.


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Employment Agency Licensing

The Department of Labor is authorized to issue licenses to private employment agencies underN.D.C.C. ch. 34-13. Historically, the law has required that agencies making permanent placementof applicants (as opposed to temporary assignments) obtain a license to operate in North Dakota. Achange took place in the employment agency licensing law as the result of legislation passed by the2003 Legislative Assembly. Since August 1, 2003, employment agencies that charge feesexclusively to employers are no longer required to obtain a license to operate in the state.

For an agency subject to licensure, the process for obtaining a license has not changed. Agenciesseeking licensure are required to submit application materials, which the department reviews todetermine compliance with the law. If approved, a license is issued to the employment agency for aperiod of one year. The annual license fee is $200.00 and is deposited into the states general fund.In addition, the employment agency must provide a bond in the penal sum of five thousand dollars.If the agency violates any term of the employment contract, action may be brought against the bondin the name of the person damaged.

During the 2007-09 biennium, two agencies were licensed. At the close of the biennium, only oneagency remained subject to licensure.

Sub-minimum Wage

The Commissioner of Labor may issue special licenses under N.D.C.C. 34-06-15, which providesthat an individual whose productive capacity is impaired by physical or mental disability or who is astudent or learner enrolled in a career or technical education or related program may be employed ata wage less than the established state minimum wage. Licenses may be issued directly toindividuals or special licenses may be issued to nonprofit community rehabilitation programs for the

disabled. Licenses are issued for a period of one year.

During the first year of the 2007-09 biennium, 1,026 individuals worked under sub-minimum wagelicenses issued by the department to 18 community organizations offering rehabilitation programs.In the second year of the biennium the number rose slightly to 1,060 individuals with the samenumber of community organizations. No licenses were issued to individuals or vocational studentsduring the 2007-09 biennium.

Many businesses participated in providing employment opportunities for workers with disabilities.Examples of participating businesses during the 2007-09 biennium included schools, banks, hotels,restaurants, hospitals, hardware stores, nursing homes, and thrift stores. The types of work

performed included janitorial, housekeeping, food preparation, assembly, grounds keeping/lawncare, sanitation, mail sorting, office assisting, wood working, and waste recycling.

Public Inquiry

The Department of Labor strives to be an accessible resource for the citizens of North Dakota.During the 2007-09 biennium, the department responded to 15,441 telephone, 1,158 email, and 315


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in-person inquiries from citizens. The department tracks direct contacts with the public through aContact Management software application. Staff log each contact, its source (telephone, email, orin-person), and the nature of the inquiry.

The following table summarizes the departments public contacts during the 2007-09 biennium bytopic. Wage& Hour includes contacts relating to labor standards issues such as breaks, overtime,

child labor, wage payments, and vacation. Discrimination includes contacts relating todiscrimination in employment, housing, public accommodations, public services, and credittransactions. Other includes contacts relating to employment agencies, independent contractorstatus, non-compete clauses, references, sub-minimum wage, and unions. Referrals includescontacts that the department refers to other state or federal agencies, such as Job Service NorthDakota, Workforce Safety and Insurance, the Office of State Tax Commissioner, the U.S.Department of Labor, the IRS, OSHA, and the U.S. Employee Benefits Security Administration.

Public Contacts, 2007-09 Biennium by Topic

Wage and Hour 12,747

Discrimination 2,653

Other 779

Referrals to Other Agencies 4,027

Posters Requested 429

Brochures Requested 55

Public Education

The department believes strongly that working proactively to develop relationships between thedepartment and North Dakota citizens is essential to effective public service. The department workshard to accomplish this by being an accessible resource to citizens, by developing and distributingresource materials relating to labor and human rights, and by providing presentations to groupsthroughout the state on labor and human rights topics. Agency staff conducted fifty-threeinformational presentations to groups and hosted exhibit booths to distribute information at sixevents during the 2007-09 biennium. In addition, the department produced a Public ServiceAnnouncement on housing discrimination late in the biennium which will be aired via televisionand radio in fall 2009 and again in April 2010. The department continues to service its web site,which provides improved access to informational materials and complaint processes, and expandedcoverage of the functions of the Human Rights Division.

Administration

The administrative responsibilities of the department include staffing, procurement, budgeting,accounting, fiscal management, information technology, records management and risk management.


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The departments Business Manager works directly with and under the supervision of theCommissioner to oversee these functions.

Legislation

The department introduced four agency bills during the 2009 legislative session in addition to itsbudget. Only one of the four bills was passed.

1. HB 1092 Failed to pass. The bill proposed to amend N.D.C.C. 14-02.4-02 to furtherdefine the term disability to be interpreted consistently with the terms used by theAmericans with Disabilities Act of 1990, as amended by the ADA Amendment Act of 2008.

2. HB 1097Failed to pass. The bill proposed to amend N.D.C.C. 34-14-04.1 to provideclarification of what constitutes an individual item for an authorized deduction, and howand when a deduction must be authorized.

3. HB 1099Amended and clarified the statute of limitation on wage claims by stating theperiod in N.D.C.C. 34-14-09, and adding language to define when wages become due.4. HB 1106 Failed to pass. The bill proposed to amend N.D.C.C. 14-02.5-44 of the

Housing Discrimination Act to limit the discretion of judges to award attorney fees againstthe department of labor to situation where the court found the department acted withoutsubstantial justification in bring the action.

There were also a number of bills proposed which could have affected the department, however allbut one of them were either amended to eliminate the effect on the department or failed to pass. In2009, the legislative assembly amended and reenacted portions of the Public Employees Relations

Act under N.D.C.C. ch. 34-11.1, providing that the labor department receive complaints and attemptvoluntary compliance relating to N.D.C.C. 34-11.1-04.

Accomplishments and Activities

In addition to the legislative, program-area, and educational activities discussed in this report, theDepartment of Labors accomplishments during the 2007-09 biennium included the following:

The department was approved for re-certification by HUD as a Fair Housing AssistanceProgram (FHAP) in May 2009 because the department, both on its face and inoperation, provides substantive rights, procedures, remedies and judicial review procedures

for alleged discriminatory housing practices that are substantially equivalent to thoseprovided under the Fair Housing Act. This certification is for a period of five years.

The department continued to invest in human rights-related training for agency staff duringthe biennium. Various department staff attended training and policy conferences sponsoredby the EEOC and HUD each year. Several of the departments investigators attended and/orcompleted the core five-week training program at the National Fair Housing TrainingAcademy sponsored by HUD. Most compliance investigators on staff are formally trained as


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mediators to facilitate resolutions without the need for contested litigation. Investigatorsnewly hired at the department will attend such training as opportunities arise.

In cooperation with HUD, the department aired a 30 second public service announcement(PSA) regarding housing discrimination which was broadcast on television stationsstatewide at various times during the biennium. In addition, in cooperation with HUD, thedepartment developed and produced a new 30 second television and radio PSA regarding

housing discrimination. Both PSAs may also be viewed on the departments website. The department worked in cooperation with the North Dakota Chamber of Commerce and

other state agencies to provide compliance workshops. This relationship also allowed for theopportunity to contribute to an article in the Chambers publication on compliance with thedepartments laws and regulations.

The department promulgated rules regarding Human Rights Practice and Procedure whichmay be found in N.D. Admin. Code ch. 46-04-01 and became effective on October 1, 2008.

The department drafted proposed rules and held a hearing regarding Housing for OlderPersons, and expects the rules to be finalized in the next biennium.

The Commissioner served on a number of boards, commissions, and advisory councils toensure the department is represented and may contribute in policy decisions.

Trends

Wage and Hour

The number of Claims for Unpaid Wages increased over 15% during the 2007-09 biennium, on theheels of a 10% increase during the previous biennium. The average number of days claims werepending increased from 73 to 81 days. The types of claims filed most often include claims for:unpaid wages, unpaid vacation and unauthorized deductions.

Human Rights

EmploymentThe overall number of employment discrimination charges filed with the department increased byapproximately 38% during the 2007-09 biennium, a large increase compared to the 2% increase inthe previous biennium. Charges filed on the protected categories of sex, disability, and retaliationcontinued to be the most numerous types of claims made.

HousingThe overall housing discrimination complaints filed with the department during the 2007-09

biennium increased by 29, or approximately 32%. The housing area had the largest number ofcause findings, as well as a high proportion of complaints settled through the conciliation process.The housing program area has also dramatically improved its average number of days to closure,down from 207 days in the 2003-05 biennium to 97 days in the 2007-09 biennium. Complaints filedon the protected categories of disability, race, and sex were the most common types of allegationsmade.


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Public Services, Public Accommodations, and Credit TransactionsThe number of new complaints filed in this area was stable, increasing just one during the 2007-09biennium. The majority of the complaints pertained to the protected categories of disability, race,and color.

Plans and GoalsCustomer Service Delivery

The department continues to be dedicated to the principles of efficient and effective public serviceand will continue the ongoing execution of a customer service improvement plan during the nextbiennium to ensure timely and effective complaint resolutions for North Dakota citizens.

Statewide Education and Awareness

The department plans to continue its statewide human rights education and awareness programduring the next biennium. The effort will encompass activities to educate the public further aboutrights and responsibilities under the states human rights laws and activities to continue to promoteincreased awareness of the Human Rights Division. The department invites participation in thiseffort from representatives of human rights organizations, the business community, government,and the public.

Funding

Funding for the department is primarily from the General Fund as appropriated by the StateLegislature. The department receives federal funds under two work-sharing contracts, one with the

Equal Employment Opportunity Commission and one with the Department of Housing and UrbanDevelopment.

The following table summarizes the departments appropriation and actual expenditures for the2007-09 biennium:

AppropriationActual

Expenditures

Salaries & Wages $1,252,393 $1,227,432

Operating Expenses $309,230 $287,523

Total $1,561,623 $1,514,955

The departments appropriation was comprised of $1,160,282 in general funds and $401,341 infederal spending authority, while expenditures consisted of $1,116,324 in general funds and$398,631 in federal funds.


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Resources and Publications

The Department of Labor has a number of publications available to assist in educating the public.

Posters Minimum Wage & Work Conditions Summary Poster Fair Housing in North Dakota Poster

Brochures Wage & Hour and Equal Employment Laws:

Most Commonly Asked Questions and Their Answers

Youth Employment in North Dakota:State & Federal Laws & Regulations

Employment Applications and Interviews:Important Information for Employers & Employees

Sexual Harassment in the Workplace:Important Information for Employers & Employees

Understanding Housing Discrimination Laws in North Dakota

Human Rights Protections in North Dakota:An Overview of Discrimination Laws & Remedies

Housing Related Advertisement:Guidelines on How to Advertise Without Violating Housing Discrimination Laws

How to File a Discrimination Complaint in North Dakota:A Guide for Those Who Believe They Have Been Discriminated Against

Contacting the Department of LaborThe North Dakota Department of Labor can be reached in person or via mail, telephone, fax, oremail. Additionally, interested parties may visit the departments web site.

In Person or Mail: State Capitol, 13th Floor600 East Boulevard Ave, Dept 406Bismarck, North Dakota 58505-0340

Telephone: Local or out-of-state(701)328-2660ND in-state toll free1-800-582-8032TTY (Relay ND)711 or 1-800-366-6888 or 1-800-366-6889

Fax: (701)328-2031

Email: [email protected]@nd.gov

Web site: nd.gov/labor or nd.gov/humanrights
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Documents

2007-09 Biennial Report Department of Labor Report