Employment and Labor Laws

North Dakota

North Dakota Minimum Wage, Overtime, Hours and Leave Laws


Minimum Wage

North Dakota’s current minimum wage is $7.25.

For more information on North Dakota’s minimum wage laws, visit our North Dakota Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:


Overtime

North Dakota labor laws require an employer to pay overtime to employees of 40 hours in a workweek unless otherwise exempt. ND Admin. Code 46-02-07-02(4). See FLSA: Overtime for more information regarding overtime requirements.


Prevailing Wages

North Dakota does not have a prevailing wage law that governs wage rates on government project or service contracts.

Under certain circumstances, employers in North Dakota may be required to pay residents wage rates established by federal prevailing wage rates and rules. The prevailing wage rates may be different from the federal and state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on government or government-funded construction projects or perform certain government services. See the Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

North Dakota labor laws require employers to provide employees with an unpaid 30-minute uninterrupted meal break when scheduled to work more than five (5) hours and two (2) or more employees are on duty. ND Admin. Code 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 thirty (30) minutes. ND Dept. of Labor FAQs.


Nursing Mother Breaks

North Dakota labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.


Vacation Leave

Information about North Dakota vacation leave laws may now be found on our North Dakota Leave Laws page.


Sick Leave

Information about North Dakota sick leave laws may now be found on our North Dakota Leave Laws page.


Holiday Leave

Information about North Dakota holiday leave laws may now be found on our North Dakota Leave Laws page.


Jury Duty Leave

Information about North Dakota jury duty leave laws may now be found on our North Dakota Leave Laws page.


Voting Leave

Information about North Dakota voting leave laws may now be found on our North Dakota Leave Laws page.


Severance Pay

North Dakota labor laws do 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.


Unemployment

Under certain circumstances, North Dakota residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See North Dakota State Unemployment Benefits.


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