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A work permit, also known as an employment authorization document or working papers, is a legal requirement that allows specific individuals to work lawfully in North Dakota. These permits are most commonly associated with minors aged 14 to 17 who are seeking employment, but they can also relate to foreign nationals needing authorization to work in the United States. Work permit laws are enforced to ensure that working conditions adhere to state and federal standards and to protect the rights of employees, especially youth and non-citizen workers.
Securing a work permit can sometimes involve legal complexities requiring professional assistance. Here are some common situations where you may need legal help:
North Dakota work permit laws are influenced by both state regulations and federal laws. Regarding minors, North Dakota requires youth under the age of 16 to obtain an Employment and Age Certificate, which is commonly referred to as a work permit. This is intended to ensure that minors do not work excessive hours, are not exposed to hazardous conditions, and that their employment does not interfere with their education. The North Dakota Department of Labor and Human Rights regulates these permits.
For foreign nationals, employment is governed chiefly by federal law. Non-citizens typically must obtain an Employment Authorization Document (EAD) from USCIS. Employers in North Dakota are required to verify the employment eligibility of all hires, regardless of citizenship status, via the federal I-9 form process.
Failing to comply with these laws can result in penalties for businesses and can affect an individual’s ability to work lawfully.
Minors who are at least 14 years old can apply for a work permit in North Dakota. Youth under 14 generally cannot be employed except in very specific circumstances such as family farms or newspaper delivery.
Minors who are 16 or 17 do not need an Employment and Age Certificate, but employers must still follow restrictions on work hours and conditions for these age groups.
A minor or their parent or guardian must obtain an Employment and Age Certificate from their school or directly from the North Dakota Department of Labor and Human Rights before beginning work.
Generally, proof of age, such as a birth certificate or other official document, and a job offer letter are required to secure a minor’s work permit.
Yes, North Dakota law prohibits minors from working in hazardous occupations and restricts the number of hours they can work during school days and weeks.
No. Non-citizens must have a valid Employment Authorization Document or another appropriate visa status allowing employment before beginning work in North Dakota.
If your application is denied, you can appeal the decision or seek legal help to determine your next steps or resolve any issues that led to the denial.
Employers must verify the age and legal work status of employees and maintain accurate records. For minors, they must comply with hour and type of work restrictions, and for all employees, verify work eligibility using the I-9 process.
Employers violating child labor or employment eligibility laws can face fines, penalties, or legal action. Minors working without a valid permit can be removed from employment, and their employer may also face penalties.
You can contact your local school guidance office, the North Dakota Department of Labor and Human Rights, or consult a legal professional for assistance.
Here are helpful resources for individuals seeking work permit guidance in North Dakota:
If you need legal assistance with a work permit issue in North Dakota, consider these steps:
Being proactive, understanding your rights, and getting the right legal advice early can help ensure a smoother process for obtaining and maintaining lawful employment in North Dakota.
