North Dakota labor laws, including North Dakota labor laws 2024, impact the daily lives of employees and employers in North Dakota. Residents of North Dakota have many questions that affect them every day regarding North Dakota labor laws from minimum wage rates, overtime, wage payments, vacation and sick leave, child labor, meal and rest breaks, and more.
In addition to North Dakota labor laws, employer must also comply with federal labor laws such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), National Labor Relations Act (NLRA), Occupational Safety and Health Act (OSHA), and many other federal laws. And when federal laws are different from state North Dakota labor laws, usually companies must comply with the law that provides their workers the best protection.
Below we provide comprehensive information and resources regarding your more pressing North Dakota labor law questions to help you answer the question and help you make the right decision about you and your employment.
Minimum Wage
Currently, North Dakota has a minimum wage of $7.25. All employers must follow federal minimum wage laws, which set the minimum wage at $7.25. Employers who choose to pay the minimum wage must offer payments equal to or greater than the federal minimum wage standard.
Tipped employees have a minimum wage of $4.86, which must be 33% of the state’s standard minimum wage. To be considered a tipped employee, employees must earn a minimum of $30/month in tips.
Employers are also required to notify employees in advance if they are paid tipped wages. If tipped employees are paid less than the standard minimum wage when combining tips and tipped wages, employers are responsible for the difference.
Visit our North Dakota minimum wage information page to learn more about minimum wage in North Dakota.
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
Employers in North Dakota aren’t required to give employees paid or unpaid vacation benefits. Those who choose to offer these benefits must follow the terms set in employment contracts and established policies.
Also, employers must pay employees for accrued vacation upon employment termination. If vacation time is yet to be earned, employers aren’t required to pay employees for vacation leave.
To avoid payment, employers must provide employees with written notice. In instances where employees voluntarily resign from their positions, employers must pay for vacation leave.
The only time employers are not held to this requirement is when:
- Employees have received written notice of not being paid accrued vacation.
- Employees have been employed for less than a year.
- Employees provide employers with less than five days’ notice.
Visit our North Dakota vacation leave information page to learn more about vacation leave in North Dakota.
Sick Leave
North Dakota employers aren’t required to provide workers with paid or unpaid sick leave benefits. Employers that offer these benefits must follow the guidelines set in employment contracts and established policies. Also, employers could be required to offer unpaid sick leave via the Family and Medical Leave Act.
Visit our North Dakota sick leave information page to learn more about sick leave in North Dakota.
Holiday Leave
Private employers aren’t obligated to provide unpaid or paid holiday leave to employees. Additionally, employees are not entitled to premium pay unless their hours are classified as overtime. Employers must follow North Dakota overtime laws if employees’ worked hours are overtime.
It’s also important to note that employers must follow the terms set in employment contracts regarding holiday leave. They must also regard established policies when determining holiday pay.Visit our North Dakota holiday leave information page to learn more about holiday leave in North Dakota.
Jury Duty Leave
Employers in North Dakota aren’t required to pay employees for attending a jury summons or serving on a jury. Employers cannot coerce, threaten, or terminate an employee for responding to a summons or serving as a juror.Visit our North Dakota jury duty leave information page to learn more about jury duty leave in North Dakota.
Voting Leave
Currently, the state encourages employers to create programs that allow their employees to vote. That said, there aren’t specific laws regarding voting leave in North Dakota. Employers may provide time off when polls are open and if there aren’t conflicts with work schedules.Visit our North Dakota voting leave information page to learn more about voting leave in North Dakota.
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
Residents of North Dakota could receive unemployment benefits while searching for another job. There are specific requirements residents must meet to be eligible for benefits. These eligibility requirements include:
- Applicants must be ready and able to work.
- Applicants must be actively seeking employment while receiving benefits.
- Applicants must be unemployed through no fault of their own.
- Applicants must have earned a minimum amount in wages before unemployment.
Visit North Dakota’s unemployment information page to learn more about unemployment benefits in North Dakota.
Other North Dakota Labor Laws Topics and Resources
There are several other North Dakota labor laws governing the employers and their workplaces. Below are those topics and resources:
- North Dakota child labor laws for children 17 years of age and younger including topics including work during school hours and summer hours, school days and non-school days, summer days of employment (usually June 1 to Labor Day), hour restrictions, work permits, and hazardous occupations.
- The North Dakota Department of Labor and Human Rights enforces the North Dakota Human Rights Act and protects employees workplace civil rights and against discrimination and retaliation. Employees are also protected by federal discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC). The state and federal discrimination laws offer employees protections and violations based on the following:
| Disability (a mental or physical impairment) | Sex, including sexual harassment | Gender expression | National Origin |
| Race | Sexual orientation | Religion | Ancestry |
| Creed | Gender identity | Age (40+) | Pregnancy, childbirth, and related conditions |
| Color | Genetic information | Marital status | Lawful activity during nonwork hours not in direct conflict with the essential business-related interests |
| Public assistance status |
- North Dakota labor laws regarding wage payment laws including covering frequency and manner of wage payments, regular paydays, payday, pay periods, deductions, direct deposit and payroll cards, wage statement, record keeping, final paychecks, and notice requirements.
- North Dakota labor laws regarding minimum wage and overtime exemptions covering non-exempt employees and exempt employees.
- North Dakota labor law regarding hours worked including rest breaks, meal breaks, on-call, waiting, travel, sleeping, and meeting times.
- The North Dakota Workforce Safety & Insurance helps employer comply with laws and regulations regarding workplace safety and health. Occupational Safety and Health Act (OSHA) which covers federal workplace safety and health requirements.
- Active duty employees, including those in the national guard, and veterans may also be eligible for military leave under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
- The North Dakota Workforce Safety & Insurance manages workers’ compensation in North Dakota and worker compensation insurance claims and enforcement. Employees who are injured on the job may be entitled to workers’ compensation benefits that minimizes the financial impact on the employee.
- Under the federal Worker Adjustment and Retraining Notification (WARN) Act, employers in North Dakota are required to provide 60-day advanced notice to any employees that may be impacted by a business closing or mass layoff if 50 or more employees will be impacted.
- If North Dakota employers provide employees health insurance benefits, they must comply with the Consolidated Omnibus Budget Reconciliation Act (COBRA) that provides health coverage protections to employees under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.
- Under the Fair Credit Reporting Act, employers must provide applicants and employees prior notice before conducting background checks involving credit reports. Other rules and limitation may also apply.
