North Dakota Hours Worked




Hours worked

North Dakota law requires employers to pay employees for all hours worked; however, North Dakota does not provide a general definition of the term. Specific situations involving hours worked issues are discussed below.



Workweek

North Dakota’s law defines a workweek as any consecutive seven-day period as established by the employer. ND Admin. Code 46-02-07-01(22).



Waiting time

North Carolina laws do not address when employers must count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements. The standards set forth by the federal Fair Labor Standards Act regarding waiting time may provide reasonable guidance. NC Admin. Code 13-12.0103




On-call time

North Dakota law requires employers to count time an employee spends on-call as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain on the employer’s premises or so close to the employer’s premises that the employees are unable to use the time effectively for their own purposes. North Dakota refers to this time as be engaged to wait. ND Admin. Code 46-02-07-02(5) Employers do not need to count on-call time as hours worked if employees are only required to leave word as to where they can be reached and are not required to stay on the employer’s premises. North Dakota refers to this time as waiting to be engaged. ND Admin. Code 46-02-07-02(21)



Sleeping time

North Dakota laws do not address when employers must count time spent by employees sleeping as hours worked for purposes of its minimum wage and overtime requirements. The standards set forth by the federal Fair Labor Standards Act regarding sleeping time may provide reasonable guidance. NC Admin. Code 13-12.0103



Travel time

North Dakota’s law requires employers to count the following time spent by employees traveling as hours worked for purposes of it minimum wage and overtime requirements:

  • travel during an employee’s regular work hours;
  • travel on the employee’s non-work days during the employee’s regular work hours;
  • travel from jobsite to jobsite or from the office to jobsite;
  • time a driver spends traveling when required by the employer;
  • time spent as a driver or passenger on one-day travel assignments as required by the employer.

Employers are not required to count the following travel time as hours worked:

  • typical commuting time to and from work;
  • time spent outside of regular working hours as a passenger on an airplane, train, bus, or automobile;
  • travel for incidental activities in a vehicle provided by the employer for commuting home to work.

ND Admin. Code 46-02-07-02(7) .



Meeting, lecture, and training time

North Dakota’s law requires employers to count time spent attending meetings, lectures, and training as hours worked for purposes of it overtime and minimum wage requirements unless the following four criteria are met:

  • attendance for such activities are outside of the employee’s regular working hours;
  • attendance for such activities is fact voluntary;
  • the activity is not directly related to the employee’s job;
  • employee does not perform any productive work while attending such activities.

An employer does not need to count any training or education mandated by the state, federal government, or any political subdivision for a specific occupation as hours worked.

ND Admin. Code 46-02-07-02(6).



Show up or reporting time

North Dakota law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.