State Record Retention Requirements – ND

NORTH DAKOTA

Wage and Hour 

Payroll records reflecting amounts paid to employees, hours worked, total quarterly wages, and beginning and ending dates worked must be retained under North Dakota’s unemployment statute for a period of 5 years.  

Worker Injuries, Health, and Safety: 

North Dakota employers must file a first report of notice of injury with North Dakota Workforce Safety & Insurance within seven days from the date the employer receives the notice of injury from an employee who claims a work related injury. Failure of the employer to file a first report of notice of injury is an admission by the employer that the alleged injury may be compensable.  

Other Employment Records: 

The North Dakota Human Rights Act has a 300-day statute of limitations, the statutes has no specific records retention requirements; however. All employment applications/resumes and documents relevant to hiring decisions, promotions, and terminations/disciplinary actions should be retained a minimum of 300 days. 

Does your state give employees a legal right to examine their own personnel files? 

Employees’ Rights: 

Only state employees have the right to examine their personnel files. Employees must be allowed to copy materials from their files at their expense. Employees have the right to answer any material in the file, and if any material is found to be without merit, it must be removed. 

Former Employees’ Rights: 

  No statutory right 

Covered Employers 

  State government 

Citation to Authority – Click link to view chapter – scroll to statute/code: 

ND Admin. Codes § 27-02-02-01         Wage and Hour – Records 

ND Cent. Code § 65-05-01.4                   Worker Safety – 1st Report of injury 

ND Cent. Code § 54-06-21                       Employee Rights – access to records