Employment Services Industry Licensing Guide
Potential employees lined up for the job interview

North Dakota Employment Agency

A businesswoman accepting her new job offer with a handshake

Licensing requirements for North Dakota employment, staffing and talent agencies.

This page provides an overview of employment services licensing in North Dakota for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in North Dakota must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

North Dakota Employment Services Company Licenses

Companies acting as employment agencies in North Dakota must obtain the following licenses before offering employment services. Applications usually require proof of incorporation or a certificate of authority.

North Dakota Employment Agency License

Agency:North Dakota Department of Labor and Human Rights
Fact Checked:3/12/18

Initial Registration

This section applies to firms that are applying for a license in North Dakota for the first time.

Form:

The Department of Labor and Human Rights will issue application forms upon request.

Agency Fee:

$200

Fact Checked:12/7/16

Registration Renewal

This section applies to firms that are already licensed in North Dakota and need to renew their license.

Form:

Forms are sent in the mail.

Agency Fee:

$200

Due:

Annually

Fact Checked:12/7/16

North Dakota Professional Employer Organization License

Agency:North Dakota Secretary of State
Law:

NDCC § 43-55-03

Bond Requirements:

PEOs must maintain a bond with a minimum value of the lesser amount of $100,000 or 5% of the total wages reported on the employer's quarterly contribution and wage report to job service North Dakota for the quarter ending immediately before the date submitted to the secretary of state.

Fact Checked:6/10/21

Initial Registration

Form:

Form SFN 58619: License Application

Agency Fee:

$1,000

Required Attachments:
  • Surety bond or irrevocable letter of credit
  • Quarterly Contribution and Wage Report or a letter from Job Service North Dakota stating that the applicant is not liable for unemployment insurance
  • Address of each office the professional employer organization maintains in North Dakota
  • List of the jurisdictions (states or countries) where the professional employer organization has operated in the preceding five years, including the business name used and any alternate names, previous names of predecessors, and, if known, successor business entities
  • Names of individuals who manage the professional employer organization or otherwise have the authority to act as a senior executive officer of the
    professional employer organization
  • Names and complete addresses of persons owning or controlling 25% or more of the equity interests of the professional employer organization
Fact Checked:6/10/21

Registration Renewal

Form:

Form SFN 58947: License Renewal Application

Agency Fee:

$500

Due:

Annually

Required Attachments:
  • Surety bond or irrevocable letter of credit
  • Quarterly Contribution and Wage Report or a letter from Job Service North Dakota stating that the applicant is not liable for unemployment insurance
  • Address of each office the professional employer organization maintains in North Dakota
  • List of the jurisdictions (states or countries) where the professional employer organization has operated in the preceding five years, including the business name used and any alternate names, previous names of predecessors, and, if known, successor business entities
  • Names of individuals who manage the professional employer organization or otherwise have the authority to act as a senior executive officer of the
    professional employer organization
  • Names and complete addresses of persons owning or controlling 25% or more of the equity interests of the professional employer organization
Fact Checked:6/10/21

North Dakota Talent Agency License

Agency:North Dakota Department of Labor and Human Rights
Notes:

North Dakota does not have a separate talent agency license, but an employment agency license may be required.

Fact Checked:4/3/18

Initial Registration

Form:

The Department of Labor and Human Rights will issue application forms upon request.

Agency Fee:

$200

Fact Checked:12/7/16

Registration Renewal

Form:

Forms are sent in the mail.

Agency Fee:

$200

Due:

Annually

Fact Checked:12/7/16

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

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