Service charge refund - Contracts and fees approved by commissioner - Cause of action by employee
N.D. Cent. Code § 34-13-13.1
in effect34-13-13.1. Service charge refund - Contracts and fees approved by commissioner -
Cause of action by employee.
1. If an employment position terminates or the employee is fired or laid off before the end
of ninety calendar days, the employee shall receive a refund of all service charges
paid in excess of twenty percent of the gross wages actually received prior to
termination or release. If the employee has a signed contract accepting an
employment position but does not start employment, quits the job voluntarily, or is
terminated for gross misconduct, the refund does not apply. Nothing contained in this
section restricts an agency from receiving full-service charges at the time of the
referral, subject to the refund herein provided.
2. Every employment agency shall submit copies of all contracts and fee schedules used
by the agency or agent to the labor commissioner for approval. No contract or fee
between an employment agency and an employee is valid without the commissioner's
approval. In approving or disapproving such contracts and fees, the commissioner
shall issue a written determination. This determination is subject to review and appeal
under chapter 28-32.
3. This section does not apply to contracts wherein the service charge does not exceed
one hundred dollars.
4. Any employee who is damaged by a violation of this section is entitled to receive from
the licensee the entire amount of service charges the employee has paid the licensee.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t34c13.pdf#nameddest=34-13-13p1Fetched: 10/16/2026