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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.
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.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
Deductions from Wages
An employer may not deduct any of the following from an employee's wages, unless the
employee has specifically consented to the deduction in writing:
- cash shortages
- breakage, damage, or loss of the employer's property
- required uniforms
- required tools
- other items necessary for employment
An employer may not withhold or deduct any portion of an employee’s wages unless:
- permitted by state or federal law, or
- the employee has agreed in writing to deduction of advances or other individual items.
North Dakota Stat. 31-14-05; ND DOL FAQs
Uniforms, Tools, and Other Equipment Necessary for Employment
An employer may require an employee to purchase a required uniform and, with the written
consent of the employee, may deduct the cost from the employee's wages, provided the
deduction does not cause the employee's wage rate to drop below minimum wage. ND
DOL FAQs
Medical or Physical Exams, including Drug Tests, Required for Employment
Whenever an employer requires an employee, or prospective employee, to take a medical
examination, or furnish any medical records, as a condition of retaining or obtaining
employment, the employer must bear the cost of the examination or the furnishing of the
medical records. Medical examination includes any test for the presence of drugs or
alcohol. North Dakota Stat. 34-01-05
An employer may not deduct any of the following from an employee's wages, unless the
employee has specifically consented to the deduction in writing:
- cash shortages
- breakage, damage, or loss of the employer's property
- required uniforms
- required tools
- other items necessary for employment
An employer may not withhold or deduct any portion of an employee’s wages unless:
- permitted by state or federal law, or
- the employee has agreed in writing to deduction of advances or other individual items.
North Dakota Stat. 31-14-05; ND DOL FAQs
Uniforms, Tools, and Other Equipment Necessary for Employment
An employer may require an employee to purchase a required uniform and, with the written
consent of the employee, may deduct the cost from the employee's wages, provided the
deduction does not cause the employee's wage rate to drop below minimum wage. ND
DOL FAQs
Medical or Physical Exams, including Drug Tests, Required for Employment
Whenever an employer requires an employee, or prospective employee, to take a medical
examination, or furnish any medical records, as a condition of retaining or obtaining
employment, the employer must bear the cost of the examination or the furnishing of the
medical records. Medical examination includes any test for the presence of drugs or
alcohol. North Dakota Stat. 34-01-05
Notice of Wage Reduction
North Dakota does not have any laws addressing when or how an employer may reduce
an employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction.
North Dakota does not have any laws addressing when or how an employer may reduce
an employees wages or whether an employer must provide employees notice prior to
instituting a wage reduction.
Statement of Wages (Pay Stub)
Each time an employee is paid, an employer must provide a check stub or pay voucher
listing the rate of pay, hours worked, and all deductions from earnings. ND DOL FAQs
Each time an employee is paid, an employer must provide a check stub or pay voucher
listing the rate of pay, hours worked, and all deductions from earnings. ND DOL FAQs
Record Keeping Requirements
North Dakota does not have any laws requiring an employer to keep any
employment-related documents.Federal law requires every employer covered by the Fair
Labor Standards Act (FLSA) to keep certain records for each covered, nonexempt worker,
for at least 3 years. For more information, visit FLSA.
North Dakota does not have any laws requiring an employer to keep any
employment-related documents.Federal law requires every employer covered by the Fair
Labor Standards Act (FLSA) to keep certain records for each covered, nonexempt worker,
for at least 3 years. For more information, visit FLSA.
Notice Requirements
North Dakota does not have any laws requiring employers to provide employees, whether
at hire or at any other time, of notice of wage rates, dates of pay, employment policies,
fringe benefits, or other terms and conditions of employment.
North Dakota does not have any laws requiring employers to provide employees, whether
at hire or at any other time, of notice of wage rates, dates of pay, employment policies,
fringe benefits, or other terms and conditions of employment.
Payment upon Separation from Employment
An employer must pay an employee who has been separated from employment, whether
later than the regular payday the wages would be due. If the employee is discharged, the
employer must send the employee their wages by certified mail or as otherwise agreed to
by the employee. North Dakota Stat. 31-14-03
Wages in Dispute
If there is a dispute regarding the wages owed an employee, the employer must provide to
the employee written notice of the amount of total wages less the amount contested by the
employee and then pay the employee on the regular payday the amount of wages the
employee concedes are not contested. North Dakota Stat. 31-14-04
An employer must pay an employee who has been separated from employment, whether
later than the regular payday the wages would be due. If the employee is discharged, the
employer must send the employee their wages by certified mail or as otherwise agreed to
by the employee. North Dakota Stat. 31-14-03
Wages in Dispute
If there is a dispute regarding the wages owed an employee, the employer must provide to
the employee written notice of the amount of total wages less the amount contested by the
employee and then pay the employee on the regular payday the amount of wages the
employee concedes are not contested. North Dakota Stat. 31-14-04
Frequency of Wage Payments
An employer must pay employees at least once per month on a set payday designated by
the employer. North Dakota Stat. 34-14-02
An employer must pay employees at least once per month on a set payday designated by
the employer. North Dakota Stat. 34-14-02
Manner of Payment
An employer may pay employees by:
- cash,
- check drawn on banks or credit unions convenient to the place of employment,
- direct deposit in the financial institution of the employee’s choice, or,
- if agreed to by the employee, by a stored value card. The stored value card must be
insured by a federally insured bank or credit union and the employer must deposit
sufficient funds into its stored value card account prior to paying wages to cover all wages
and any fees associated with the stored value card account.
North Dakota Stat. 34-14-02
Direct Deposit
An employer can pay employees by direct deposit, so long as the employee is able to
choose the financial institution with which the wages are deposited. North Dakota Stat. 34-
14-02
An employer may pay employees by:
- cash,
- check drawn on banks or credit unions convenient to the place of employment,
- direct deposit in the financial institution of the employee’s choice, or,
- if agreed to by the employee, by a stored value card. The stored value card must be
insured by a federally insured bank or credit union and the employer must deposit
sufficient funds into its stored value card account prior to paying wages to cover all wages
and any fees associated with the stored value card account.
North Dakota Stat. 34-14-02
Direct Deposit
An employer can pay employees by direct deposit, so long as the employee is able to
choose the financial institution with which the wages are deposited. North Dakota Stat. 34-
14-02
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
