Title 42
State Affairs and Government

Chapter 16.1
Department of Labor and Training

§ 42-16.1-2. Functions of director.

The director of labor and training shall:

(1) Have all the powers and duties formerly vested by law in the director of labor with regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law conferred upon the department;

(2) Administer the labor laws of this state concerning women and children and be responsible for satisfactory working conditions of women and children employed in industry in this state by a division in the department which shall be known as the division of labor standards;

(3) Administer the act relating to state wage payment and wage collection;

(4) Have all of the powers and duties formerly vested in the director of the department of labor and administer those responsibilities set forth in chapters 29 — 38, inclusive, of title 28;

(5) Have all the powers and duties formerly vested by law in the director of employment and training and administer those responsibilities set forth in chapters 39 — 44, inclusive, of title 28 and chapter 102 of title 42.

(6) Provide to the department of administration any information, records or documents they certify as necessary to investigate suspected misclassification of employee status, wage and hour violations, or prevailing wage violations subject to their jurisdiction, even if deemed confidential under applicable law, provided that the confidentiality of such materials shall be maintained, to the extent required of the releasing department by any federal or state law or regulation, by all state departments to which the materials are released and no such information shall be publicly disclosed, except to the extent necessary for the requesting department or agency to adjudicate a violation of applicable law. The certification must include a representation that there is probable cause to believe that a violation has occurred. State departments sharing this information or materials may enter into written agreements via memorandums of understanding to ensure the safeguarding of such released information or materials.