Form I-9 and E-Verify employment eligibility verification requirements in North Dakota
All North Dakota employers must complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment in the United States. This federal requirement applies to all U.S. employers, and covers both citizens and noncitizens. The employee must complete Section 1 no later than the first day of employment, and the employer must examine the employee's documents and complete Section 2 within three business days of the hire date.
E-Verify for private employers: North Dakota law does not require private employers to use the federal E-Verify system (the online program that electronically verifies employment eligibility). Private-sector use of E-Verify remains entirely voluntary unless the employer has separately entered into a contract that imposes such a requirement (for example, a federal contract subject to the FAR E-Verify clause).
E-Verify for public employers and state contractors: State law does require use of E-Verify for (a) public employers in North Dakota, and (b) private employers that enter into contracts for services or construction with a North Dakota state agency, department, board, or institution for $50,000 or more. In these circumstances, the employer must use E-Verify to confirm work eligibility of every newly hired employee working in North Dakota on or after August 1, 2013. These requirements are found in N.D. Cent. Code § 54-60.1-03 and apply both to direct public employment and to state contractors (or subcontractors) above the threshold.
Key points:
- Private employers with no state contracts are not required to use E-Verify.
- All state agencies and departments must use E-Verify for new hires.
- Service and construction contractors (and subcontractors) with cumulative state contracts exceeding $50,000 must use E-Verify for new North Dakota employees hired during the contract term.
Source: USCIS Form I-9 Source: N.D. Cent. Code § 54-60.1-03
New hire reporting to the State Directory of New Hires
All North Dakota employers must report newly hired employees to the North Dakota State Directory of New Hires within 20 days of the employee's date of hire. This requirement applies to all employers operating in North Dakota, regardless of size. The date of hire is defined as the employee's first day of work for pay.
Who must be reported. A newly hired employee includes any individual who was not previously employed by the employer, or who was previously employed but has been separated from that employment for at least 60 consecutive days and has now returned to work. Employers must report all full-time, part-time, and temporary employees, both adults and minors. The definition of "employee" for new hire reporting purposes tracks the definition used for federal income tax wage withholding under Chapter 24 of the Internal Revenue Code of 1986. As a general rule, if the worker receives a Form W-2 showing taxes withheld, that worker qualifies as an employee for new hire reporting purposes.
Required information. Employers must report the following data elements for each new hire: employee name, address, Social Security number, and date of hire; and employer name, address, and Federal Employer Identification Number (FEIN).
Reporting methods. Employers with 25 or more employees must report new hires electronically. Employers with 24 or fewer employees may report either electronically or by submitting the paper form SFN 01018. Electronic reporting may be done through the online portal at childsupportnd.gov or via web file transfer for employers with high volumes of new hires. The electronic reporting requirement may be waived in cases of demonstrated difficulty; employers seeking a waiver should contact the North Dakota Department of Health and Human Services Employer Relations office.
Multi-state employers. Employers that operate in multiple states have two options: (1) report newly hired employees to the various states in which they work, following each state's requirements and timeframes; or (2) select one state where employees are working and report all new hires to that state's designated new hire reporting office, following that state's requirements and timeframes. Multi-state employers choosing the single-state option must notify the federal Department of Health and Human Services on the Child Support Portal which state they have designated. All new hire reports from multi-state employers electing the single-state option must be submitted electronically.
Penalties for noncompliance. Employers who fail to comply with new hire reporting requirements are subject to civil money penalties under N.D.C.C. § 34-15-05 and § 34-15-06.
Purpose. The new hire reporting program is authorized by federal law (42 U.S.C. § 653a) and state law (N.D.C.C. Chapter 34-15) to facilitate child support enforcement by quickly locating noncustodial parents and establishing or enforcing child support orders. The data is also used to verify employment and income for individuals participating in certain federal housing and benefit programs and to reduce improper unemployment insurance benefit payments.
Source: North Dakota HHS New Hire Reporting Requirements Source: North Dakota HHS New Hire Reporting FAQs Source: N.D.C.C. Chapter 34-15 Directory of New Hires
Wage-notice at hire — only written notice required is PTO-payout limitation
North Dakota law does not require employers to give newly hired employees written notice—at the time of hire—of wage rate, pay period, pay day, employment policies, fringe benefits, or other terms of employment.
The only written notice an employer must provide at hire relates specifically to accrued paid time off (PTO) payout. Under N.D. Admin. Code § 46-02-07-10 and N.D. Cent. Code § 34-14-03, a private employer may withhold payment of accrued PTO upon separation only if the employer, at the time of hiring, provided the employee written notice of that limitation (nd.gov).
All other disclosures—wage, pay period, pay day, or employment terms—are entirely optional and not statutorily mandated at hire in North Dakota.
Source: North Dakota Department of Labor & Human Rights Wage & Hour FAQ Source: N.D. Cent. Code ch. 34-14
Minor employment certificates (14–15 years old; optional for 16–17)
North Dakota requires most minors under age 16 to have an Employment and Age Certificate (“work permit”) on file before starting non-exempt employment. The detailed requirements are set out in N.D.C.C. ch. 34-07:
Which ages require a certificate:
- All minors age 14 or 15 must have an Employment and Age Certificate on file before beginning work (N.D.C.C. § 34-07-02).
- Minors ages 16 and 17 do not require a certificate under state law, but a certificate may be issued on request (N.D.C.C. § 34-07-02.1).
Who issues the certificate: The North Dakota Department of Labor and Human Rights is the issuing authority (the labor commissioner), as provided under N.D.C.C. § 34-07-04. The application form must be signed by the minor, parent/guardian, and the employer.
How and when to file:
- The application must be completed with proofs of age (birth certificate, passport, driver’s license, or other reliable document, as listed in N.D.C.C. § 34-07-06).
- The certificate must be signed by all parties and filed with the Department of Labor within 10 days of the employment start date (N.D.C.C. § 34-07-04).
- A copy must also be delivered to the minor’s school principal or an official designated by the superintendent (N.D.C.C. § 34-07-04).
Employer documentation and retention: The employer must keep the original certificate at the worksite as long as the minor is employed. When employment ends, the certificate must be returned to the minor, and the Department of Labor notified of the separation (N.D.C.C. § 34-07-05).
Exceptions: No certificate is required for minors working in agricultural labor, domestic service in private homes, or under the direct supervision of a parent or guardian (N.D.C.C. § 34-07-03).
Source: N.D.C.C. ch. 34-07 (see §§ 34-07-02 to 34-07-06) Source: ND Department of Labor — Youth Employment