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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
North Dakota employers are required to provide employees with an unpaid 30-minute
uninterrupted meal break when scheduled to work more than 5 hours and two or more
employees are on duty. ND Administrative Code Chapter 46-02-07-02(5). An employer is
not required to provide any other breaks. However, if they do, the breaks must be paid if
they are less than 30 minutes. ND Dept. of Labor FAQs.
North Dakota employers are required to provide employees with an unpaid 30-minute
uninterrupted meal break when scheduled to work more than 5 hours and two or more
employees are on duty. ND Administrative Code Chapter 46-02-07-02(5). An employer is
not required to provide any other breaks. However, if they do, the breaks must be paid if
they are less than 30 minutes. ND Dept. of Labor FAQs.
Vacation
In North Dakota, an employer is not required to provide its employees with vacation
benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must
comply with the terms of its established policy or employment contract.
In North Dakota, an employer cannot require an employee to forfeit accrued or earned
vacation leave upon separation from employment, regardless of the reason. ND Admin.
Code § 46-02-07-02(12).
An employer may lawfully cap the vacation leave an employee can accrued over time. See
ND Admin. Code § 46-02-07-02(12).
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy and the employee has a reasonable opportunity to use the
vacation leave. ND Admin. Code § 46-02-07-02(12).
All paid leave is considered vacation leave, unless the employer explicitly divides vacation
leave from sick or other types of leave, such as paid time off (PTO). ND Admin. Code § 46-
02-07-02(12).
In North Dakota, an employer is not required to provide its employees with vacation
benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must
comply with the terms of its established policy or employment contract.
In North Dakota, an employer cannot require an employee to forfeit accrued or earned
vacation leave upon separation from employment, regardless of the reason. ND Admin.
Code § 46-02-07-02(12).
An employer may lawfully cap the vacation leave an employee can accrued over time. See
ND Admin. Code § 46-02-07-02(12).
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy and the employee has a reasonable opportunity to use the
vacation leave. ND Admin. Code § 46-02-07-02(12).
All paid leave is considered vacation leave, unless the employer explicitly divides vacation
leave from sick or other types of leave, such as paid time off (PTO). ND Admin. Code § 46-
02-07-02(12).
Severance
North Dakota law does not require employers to provide employees with severance pay. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
North Dakota law does not require employers to provide employees with severance pay. If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
North Dakota law does not require employers to provide employees with either paid or
unpaid holiday leave. In North Dakota, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
North Dakota law does not require employers to provide employees with either paid or
unpaid holiday leave. In North Dakota, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
North Dakota's current minimum wage is $7.25. ND Dept. of Labor FAQs. Some
exceptions apply to North Dakota's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
North Dakota's current minimum wage is $7.25. ND Dept. of Labor FAQs. Some
exceptions apply to North Dakota's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
North Dakota requires an employer to pay overtime to employees, unless otherwise
excess of 40 hours in a workweek. ND Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
North Dakota requires an employer to pay overtime to employees, unless otherwise
excess of 40 hours in a workweek. ND Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Sick Leave
North Dakota law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract. An employer
is not required to pay an employee for accrued sick leave upon separation from
employment. ND Dept. of Labor FAQs.
An employer in North Dakota may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
North Dakota law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract. An employer
is not required to pay an employee for accrued sick leave upon separation from
employment. ND Dept. of Labor FAQs.
An employer in North Dakota may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, lay off, penalize, threaten, or otherwise coerce an
employee, because the employee receives and/or responds to a summons, serves as a
juror, or attends court for jury service.
North Dakota Stat. 27-9.1-17
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, lay off, penalize, threaten, or otherwise coerce an
employee, because the employee receives and/or responds to a summons, serves as a
juror, or attends court for jury service.
North Dakota Stat. 27-9.1-17
