2005 - 2012 ND Department of Labor Reports

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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 passed 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. Additionalamendments to the Human Rights Act were passed in 2001 authorizing the departments HumanRights Division to enforce all remaining areas protected under the Act, including public

accommodations, public services, advertising for public accommodations or services and credittransactions.

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 of 1998. Since that time, theCommissioner 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 2004-2005Lisa K. Fair McEvers 2005-present

Department OrganizationThe Commissioner administers the North Dakota Department of Labor. During the 2005-07biennium, the Commissioner had a staff of ten FTE to assist in the duties of the office. Thedepartment is divided functionally into two primary areas, administration and investigation/case

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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management. The departments Business Managers oversee the administrative area, whichencompasses the day-to-day management of the agencys operations, budgeting, planning, andsupport functions. The departments Human Rights Director oversees the case management areas,which encompasses the investigation and resolution of labor and human rights 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 responds 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 and other reference materials and by participating ineducational presentations.

Department Organizational Chart

Duties and ResponsibilitiesThe 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.

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 betweenemployers and employees, hours of labor, and working conditions.

Encourage and assist in the adoption of practical methods of vocational training, retraining, andvocational guidance.

GovernorJohn Hoeven

CommissionerLisa K. Fair McEvers

AdministrationBusiness Manager

Human Rights DivisionWage and Hour Division

AdministrativeAssistant

OfficeAssistant

Human Rights DirectorKathy Kulesa

Compliance Investigator

Compliance InvestigatorCompliance Investigator Compliance Investigator Compliance Investigator Compliance Investigator

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

Administer the provisions of chapter 34-06 relating to wages and hours, chapter 34-07 relatingto 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, and receive and review applications for employment agency licenses underN.D.C.C. ch. 34-13.

Additionally, the department is responsible for enforcement of the provisions of N.D.C.C. ch. 14-02.4, the Human 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 wage claims.

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 effectiveservice to both employees and employers.

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The following tables summarize the departments activity relating to Claims for Unpaid Wages filedand closed during the 2005-07 biennium:

Summary of Claims for Wages, 2005-07 Biennium

Claims Pending 6/30/2005 49

New Claims Filed 7/1/2005 6/30/2007 595

Claims Closed 7/1/2005 6/30/2007 582

Claims Pending 6/30/2007 62

Claims for Wages Closed, 2005-07 Biennium

Claims Closed 582

Average Days to Closure 73

Total Amount Collected $187,589


Settled without Determination 144

Settled after Determination 87

No Merit Determination 82

Small Claims Court for Enforcement 18

Attorney General for Enforcement 194

Referred to US Department of Labor 1

Withdrawn by Claimant 13

Dismissed2 43

Total Claims Closed 582

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 6

Unpaid Wages 407

Unpaid Overtime 48

Unpaid Vacation 186

Unauthorized Deductions from Pay 62

Unpaid Commissions 10

Unpaid Bonus 4


by County of Employer

Adams 1 McLean 4

Barnes 8 Mercer 5

Benson 3 Morton 17

Billings 0 Mountrail 3

Bottineau 2 Nelson 0

Bowman 2 Oliver 1

Burke 0 Pembina 5

Burleigh 59 Pierce 2

Cass 171 Ramsey 10

Cavalier 3 Ransom 1

Dickey 3 Renville 1

Divide 1 Richland 6

Dunn 1 Rolette 3

Eddy 1 Sargent 2

Emmons 1 Sheridan 1Foster 1 Sioux 1

Golden Valley 2 Slope 0

3 Claims may have more than one basis.

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Grand Forks 35 Stark 23

Grant 2 Steele 0

Griggs 5 Stutsman 18

Hettinger 0 Towner 2

Kidder 5 Traill 11

LaMoure 1 Walsh 4

Logan 0 Ward 37

McHenry 0 Wells 2

McIntosh 0 Williams 14

McKenzie 2 Out of State 101

Total Claims Closed 582

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 finalpaycheck between the employer and employee, but may also be used to address other violationsof law. The following chart summarizes the departments efforts regarding ComplaintInquiries:

Summary of Complaint Inquiries, 2005-07 Biennium

Inquiries opened 7/1/2005 6/30/2007 368

Inquiries closed 7/1/2005 6/30/2007 364

Inquiries pending 6/30/2007 4

Total Collected 7/1/2005 6/30/2007 $94,622

The number of complaint inquiries opened increased significantly during the 2005-07 biennium,increasing by approximately 75% over the previous biennium. The increase is attributed todepartment staff emphasizing the benefits of resolving disputes informally when possible, ratherthan filing a formal complaint.

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.

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

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 at

age 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 theminors school if the employment occurs during the school year. The department reviews thepermit to verify the employees age, the job duties being performed, and the rate of pay earned.The department also files a copy with U.S. Department of Labor for their review for compliancewith 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 2005-07 biennium, 2,769 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 equal

employment 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 notprotected 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.

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The following tables summarize the departments activity relating to charges of employmentdiscrimination for the 2005-07 biennium:

Summary of EEO Charges, 2005-07 Biennium

Charges Pending 6/30/2005 44New Charges Filed 7/1/2005 6/30/2007 227

Charges Closed 7/1/2005 6/30/2007 230

Charges Pending 6/30/2007 41

EEO Charges Closed, 2005-07 Biennium

Charges Closed 230


Number of Charges Settled 28

Total Amount of Settlements $105,479


Settled 28

Determined with No Probable Cause 88Determined with Probable Cause 4

Notice of Right to Sue Issued 1


Dismissed4 5

Total Charges Closed 230


by Statutory Jurisdiction

4Charges 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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Total Charges Closed 230

Employment Retaliation

The Department of Labor is authorized to receive complaints alleging employment retaliation underN.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 2005-07 biennium, the department received 44 complaints of employment retaliationand closed 34. At the end of the biennium, the department had 15 pending retaliation complaints.

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 2005-07 biennium:

Summary of Housing Discrimination Complaints

2005-07 Biennium

Complaints Pending 6/30/2005 13

New Complaints Filed7/1/2005 6/30/2007

88

Complaints Closed 7/1/2005 6/30/2007 89


Housing Discrimination Complaints Closed

2005-07 Biennium

Complaints Closed 89

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Number of Complaints Settled 38

Total Amount of Settlements7 $25,209


2005-07 Biennium

Settled 38

Determined with No Probable Cause 34

Determined with Probable Cause 10

Referred to HUD 0

Dismissed 0


Total Complaints Closed 89


2005-07 Biennium

by Basis of Charge8

Age 1

Color 3

Disability 66

Familial Status 17

Marital Status 3

National Origin 5

Receipt of Public Assistance 8

Race 16

Religion 3

7Monetary 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.8Complaints may have more than one basis.

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Retaliation 7

Sex 12


2005-07 Biennium

by Geographic Region

Northwest 1

North Central 9

Northeast 13

Southwest 2

South Central 38

Southeast 26


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, public

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

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

Summary of Other Human Rights Complaints,

2005-07 BienniumComplaints Pending 6/30/2005 19

New Complaints Filed7/1/2005 6/30/2007

61

Complaints Closed 7/1/2005 6/30/2007 64

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Other Human Rights Complaints Closed

2005-07 Biennium

by Type of DiscriminationPublic Accommodations 40

Public Services 24

Credit Transactions 0



2005-07 BienniumComplaints Closed 64



2005-07 Biennium

Settled 3

Determined with No Probable Cause 51

Determined with Probable Cause 5


Dismissed 4



2005-07 Bienniumby Basis of Charge9

Age 0

9Complaints may have more than one basis.

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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. If an affirmative verification is offered by the department, thebusiness involved is protected against retroactive liability that may have otherwise been incurred ifthe relationship is later determined to be an employment relationship.

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. Effective 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 2005-07 biennium, two agencies were licensed. At the close of the biennium, only oneagency remained subject to licensure.

Sub-minimum WageThe 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 thedisabled. Licenses are issued for a period of one year.

During the 2005-07 biennium, 2,107 individuals worked under sub-minimum wage licenses issuedby the department to 19 community organizations offering rehabilitation programs. This represents

a significant increase over the 1,465 individuals employed in the previous biennium. No licenseswere issued to individuals or vocational students during the 2005-07 biennium.

Many businesses participated in providing employment opportunities for workers with disabilities.Examples of participating businesses during the 2005-07 biennium included schools, banks, hotels,restaurants, hospitals, hardware stores, nursing homes, and thrift stores. The types of work

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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 2005-07 biennium, the department responded to 18,293 telephone, 904 email, and 568in-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 application logs the date and time of each contact.

The following table summarizes the departments public contacts during the 2005-07 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 contractor

status, 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, 2005-07 Biennium by Topic

Wage and Hour 13,494

Discrimination 3,061

Other 414

Referrals to Other Agencies 2,694

Posters Requested 854

Brochures Requested 140

Public Education

The department believes strongly that working proactively to develop relationships between the

department 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 forty informationalpresentations to groups and hosted exhibit booths to distribute information at seven events duringthe 2005-07 biennium. In addition, the department produced a Public Service Announcement onhousing discrimination which was aired via television in July 2005 and again in February 2007.

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The department continues to service its web site, which provides improved access to informationalmaterials and complaint processes, and expanded coverage of the functions of the Human RightsDivision.

Administration

The administrative responsibilities of the department include staffing, procurement, budgeting,accounting, fiscal management, information technology, records management and risk management.The departments Business Managers work directly with and under the supervision of theCommissioner to oversee these functions.

Legislation

The department introduced five agency bills during the 2007 legislative session in addition to itsbudget. Four of the five bills were passed either as proposed by the department or with only minoramendments.

1. HB 1070 Amended N.D.C.C. 34-07-15 to define the term schoolweek as a period ofbeginning on Sunday and ending on Saturday. The previous definition had a period runningfrom Monday through Sunday. The change was requested to be more consistent with federalchild labor provisions regarding the schoolweek, which also begin on Sunday and end onSaturday. The purpose was to make compliance easier for employers, while providing thesame protection for young employees.

2. SB 2074 Amended N.D.C.C. 14-02.5-13 of the Housing Discrimination Act to clarifythat the department has the right to require attendance of a witness or the production ofinformation by a witness, and if the witness fails or refuses to appear, that the department

has the authority to issue subpoenas for the purpose of investigating a complaint. Theamendments also address the fees and mileage due to a witness who appears to providetestimony and what the consequence may be if a person refuses to appear or produce therequested evidence.

3. SB 2075 Amended and clarified definition of subsection 6 of N.D.C.C. 14-02.4.02, byadding the words which is not in direct conflict with the essential business related interestsof the employer to the definition. This amendment was somehow overlooked in 1993 whenother statutes under N.D.C.C. ch. 14-2.4 were amended adding the same language. Theintent is to make all provisions in the chapter consistent for the lawful activity protectedcategory of the Human Rights Act.

4. SB 2076 Amended N.D.C.C. 14-02.4-22 of the Human Rights Act to authorize that thedepartment may require attendance of a witness or the production of information by awitness, and if the witness fails or refuses to appear, that the department has the authority toissue subpoenas for the purpose of investigating a complaint. The amendments also addressthe fees and mileage due to a witness who appears to provide testimony and what theconsequence may be if a person refuses to appear or produce the requested evidence.

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5. SB 2110 Failed to pass. The bill proposed clarification on what constitutes an individualitem for an authorized deduction, and how and when a deduction must be authorized. Thebill also proposed clarification that employers may deduct contributions under automaticcontribution plans if the plans were authorized under the federal Pension Protection Act of2006.

There were also a number of bills proposed which could have affected the department, however allbut one of them failed. House Bill 1454 passed, raising the minimum wage in North Dakota for thefirst time since 1997, with an effective date of July 24, 2007. The new statutory provision, found inN.D.C.C. 34-06-22, superseded the departments administrative rule which reflected the statesminimum wage.

Accomplishments and Activities

In addition to the legislative, program-area, and educational activities discussed in this report, the

Department of Labors accomplishments during the 2005-07 biennium included the following:

The department was approved for certification by the EEOC which was published in the

Federal Register on August 12, 2005. Based on the departments record for conductingacceptable investigations and making appropriate findings, the EEOC has grantedcertification which exempts the department from a 100% substantial weight review,drastically lessening the documentation sent to the EEOC on dual filed cases.

The department continued to invest in human rights-related training for agency staff during

the biennium. Various department staff attended training and policy conferences sponsoredby the EEOC and HUD each year. Several of the departments investigators attended andgraduated from the National Fair Housing Training Academy sponsored by HUD. All

investigative staff are formally trained as mediators to facilitate resolutions without the needfor contested litigation.

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. It may also be viewed on the departmentswebsite.

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 Commissioner served on a number of boards, commissions and advisory councils to

ensure the department is represented and may contribute in policy decisions.

Trends

Wage and Hour

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The number of Claims for Unpaid Wages increased over 10% during the 2005-07 biennium. Theaverage number of days claims were pending increased from 61 to 73 days. The types of claimsfiled 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 increasedslightly during the 2005-07 biennium. The 227 charges filed during the 2005-07 bienniumrepresent an increase of 4 cases or approximately a 2% increase from the previous biennium.Charges filed on the protected categories of disability, sex, and retaliation continue to be the mostnumerous types of claims made.

HousingThe overall housing discrimination charges filed with the department during the 2005-07 bienniumincreased by 22 complaints or approximately 33%. The housing area had the largest number ofcause findings, as well as a high proportion of claims settled through the conciliation process. Thehousing program area has also dramatically improved its average number of days to closure, downfrom 207 days in the 2003-05 biennium to 135 days in the 2005-07 biennium.

Public Services, Public Accommodations, and Credit TransactionsThe number of new complaints filed in this area decreased during the 2005-07 biennium, decreasingby 22 complaints, or approximately 26%. The decrease follows a large increase in filings in theprevious biennium, and the fluctuation was expected as the department only first began acceptingcomplaints in this area in 2001. The majority of the complaints pertained to the protected categoriesof disability and race and/or 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 its Customer Service Improvement Plan during thenext biennium 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 will invite participation in thiseffort from representatives of human rights organizations, the business community, government andthe public.

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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 the2005-07 biennium:

AppropriationActual

Expenditures

Salaries & Wages $1,135,861 $1,073,777

Operating Expenses $324,343 $270,260

Total $1,460,204 $1,344,037

The departments appropriation was comprised of $961,239 in general funds and $498,965 infederal spending authority, while expenditures consisted of $954,349 in general funds and $389,688in federal funds.

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 Laws20


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How to File a Discrimination Complaint in North Dakota:

A Guide for Those Who Believe They Have Been Discriminated Against

Contacting the Department of Labor

The 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 free 1-800-582-8032TTY (Relay ND) 1-800-366-6888 or 1-800-366-6889

Fax: (701)328-2031

Email: [email protected] [email protected]

Web site: nd.gov/labor or nd.gov/humanrights

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mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

2005 - 2012 ND Department of Labor Reports

Documents

Transcript of 2005 - 2012 ND Department of Labor Reports