Section 34-14-09.2 - Limitations on accrued paid time off - Investigation1. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:a. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;b. The employee has been employed by the employer for less than one year; and c. The employee gave the employer less than five days' written or verbal notice.2. If an employee separates from employment, a private employer may withhold payment for paid time off if: a. The paid time off was awarded by the employer but not yet earned by the employee; andb. Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off.3. As provided under section 34-14-05, an employee may report a violation under this section. If a report of violation is made within thirty days of the alleged violation, the labor commissioner shall investigate the merits of the claim. If a report is made more than thirty days following the alleged violation, the commissioner may investigate the merits of the claim.Amended by S.L. 2015 , ch. 247( HB 1202 ), § 1, eff. 8/1/2015.Added by S.L. 2011 , ch. 249( SB 2138 ), § 1, eff. 8/1/2011.