ND SB2138

Private employers may withhold payment for accrued paid time off when an employee voluntarily separates from employment if three conditions are met.

Employers must have provided written notice of the paid time off limitation at the time of hiring.

The withholding is permitted only if the employee has been employed for less than one year and provided less than five days' written or verbal notice before separation.

Employees may report violations to the labor commissioner, who must investigate claims reported within 30 days of the alleged violation and may investigate claims reported after 30 days.

The bill passed the Senate 39-8 and the House 78-14.