Skip to main content
Find a Lawyer

North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-01-03. Individual performing service for remuneration presumed an employee

Current as of January 01, 2024 | Updated by Findlaw Staff

1. Each individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. The person that asserts that an individual is an independent contractor under the common-law test, rather than an employee, has the burden of proving that fact.

2. In the case of commercial motor vehicles whose gross vehicle weight rating is more than twenty-six thousand pounds [11793.40 kilograms], with an individual operating a licensed truck or licensed tractor for a motor carrier of property, the presumption in subsection 1 is successfully rebutted if all of the following factors are present:

a. The individual owns, leases, or enters a purchase agreement to purchase a truck or tractor. The lease or purchase agreement must represent reasonably the value of the lease or purchase of the truck or tractor. The lease or purchase agreement may be with the carrier of property. An unreasonable lease or purchase agreement with a third party, unaffiliated with the carrier, does not affect this factor.

b. The individual is responsible for the maintenance and repair of the truck or tractor.

c. The individual bears the principal burden of operating costs, including fuel, supplies, vehicle insurance, and personal expenses.

d. The individual is responsible for supplying the necessary personal services to operate the truck or tractor.

e. Income taxes are not withheld from the individual's compensation.

f. The individual generally determines the details and means of performing the services, in conformance with statutory or regulatory requirements, operating procedures of the carrier, and specifications of the shipper.

g. The individual enters a written agreement with the motor carrier outlining the nature of the relationship.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 65. Workforce Safety and Insurance § 65-01-03. Individual performing service for remuneration presumed an employee - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-65-workforce-safety-and-insurance/nd-cent-code-sect-65-01-03/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard