NDAC 27-02-12-02
Gratuities
Cite as N.D. Admin. Code ยง 27-02-12-02
If gratuities constitute partial or entire payment for services performed by a worker, the employer
shall include as wages the amount of gratuities or tips actually received by each worker or shall make a
reasonable valuation of the average remuneration from that source, showing in detail on a statement
attached to the employer's first contribution report for 1937 or the employer's first contribution report
thereafter, and thereafter as requested, the basis for such valuation. The requirements of the
Unemployment Compensation Act and the instructions of the bureau relating to the reporting of wages
are not to be construed as requiring or permitting employers to require workers to report to their
employers the amount of their tips. The reporting of the exact amount of tips received by workers is to
be made only with the voluntary consent of the workers.