Labor & Employment

Relating to the workers' compensation disability benefits and retirement presumption; to repeal sections 65‑05‑09.4 and 65‑05‑09.5 of the North Dakota Century Code, relating to workers' compensation additional benefits payable; and to provide for application.

HB 1472 would have created a legal framework for microschools in North Dakota - defined as educational programs serving no more than 50 students, operated by parents, entrepreneurs, or teachers. The bill would have allowed microschools to operate in homes, community spaces, or public venues without special zoning approvals, while exempting them from standard teacher certification, building codes, and childcare regulations. Parents would have needed to notify school districts of their child’s enrollment, but students would have still met school attendance requirements and been required to take standardized tests in grades 4, 6, 8, and 10. The bill also ensured microschool students could not face discrimination in public school admissions or activities. (Note: The bill failed to pass in February 2025 with 41 votes in favor and 49 against.)

HB 1291, despite its title suggesting a "legislative management study," actually creates new enforcement provisions targeting employment of unauthorized workers in North Dakota. The bill prohibits private employers from hiring or continuing to employ unauthorized workers (defined per federal law) and requires labor commissioner investigations for violations, with cases referred to the attorney general for prosecution. Penalties include escalating civil fines ($5,000 to $30,000) and business license suspensions or revocations for repeated offenses. The bill failed to pass the legislature on April 4, 2025, with 44 votes against and 1 in favor.

Relating to exemptions from the employee classification system; and to repeal section 54‑52.5‑04 of the North Dakota Century Code, relating to an incentive compensation plan for the state retirement and investment office.

SB 2206 changes North Dakota law regarding civil lawsuits involving commercial motor carriers (like trucking companies) and safety belt usage. It reduces the statute of limitations for certain injury or death claims from three years to two years and caps non-economic damages (like pain and suffering) at $500,000 per case against these carriers. The bill also clarifies that failing to wear a safety belt in a vehicle, as required by law, cannot be used as direct evidence of negligence in court but may reduce awarded damages by up to 1% if proven to have contributed to the injury. These changes apply specifically to civil actions arising from commercial motor vehicle operations.

HB 1602 changes North Dakota's public employee retirement system by closing the traditional defined benefit plan to new hires starting January 1, 2025. Instead, new permanent employees (excluding those in specific exception roles like teachers, law enforcement, or university staff) must join a defined contribution retirement plan. Existing members who joined before 2025 remain in the defined benefit plan, and political subdivisions (like cities or counties) may choose whether to participate in the new defined contribution plan. The bill clarifies that local governments are not required to offer either retirement plan, and no fees apply if they withdraw from the defined contribution system.