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Independent Contractor Test in North Dakota

North Dakota uses the common law test both for unemployment insurance and for wage claims handled by the Department of Labor; it does not use the ABC test.

Last checked . General information, not legal advice.

North Dakota at a glance

Test for wage and hour law
Common law (right to control) test
The labor department applies the common law test referenced in its wage rules when deciding wage claims.
ABC test for wage law
No
Test for unemployment insurance
Common law (right to control) test
Service for wages is presumed to be employment unless the worker is an independent contractor under the common law test.
ABC test for unemployment
No

Sources

Last checked

The rules in North Dakota

Which test does North Dakota use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in North Dakota: Common law (right to control) test. The labor department applies the common law test referenced in its wage rules when deciding wage claims.

Does North Dakota apply the ABC test under its wage and hour laws?

No. ABC test for wage law in North Dakota: no.

Which test does North Dakota use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in North Dakota: Common law (right to control) test. Service for wages is presumed to be employment unless the worker is an independent contractor under the common law test.

Does North Dakota apply the ABC test for unemployment insurance?

No. ABC test for unemployment in North Dakota: no.

Where do the North Dakota independent contractor tests come from?

The rules above come from N.D.C.C. 52-01-01(17)(e) and N.D. Admin. Code 46-02-07-02(14). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.