North Dakota child labor laws set forth the rules and limitations regarding the days and time children under the age of 18 years old may work in North Dakota. They also clarify and limit the types of work children under the age of 14 and youth who are 14, 15, 16, and 17 year olds may work. It is also important to remember that businesses and youth workers must comply with the federal child labor laws set forth in the federal Fair Labor Standards Act (FLSA). Below is information about North Dakota child labor law rules and limitations.
- How old do you have to be to work in North Dakota?
- What days can a minor work in North Dakota?
- What times during the day can a minor work in North Dakota?
- How many hours can a minor work each day in North Dakota?
- How many hours can a minor work each week in North Dakota?
- What kinds of jobs can a minor work in North Dakota?
- Does a teen need to have a work permit or certificate to work in North Dakota?
- Are youth workers entitled to rest breaks or meal breaks?
How old do you have to be to work in North Dakota?
Under North Dakota child labor laws, youth must be 14-years-old or older to get a job and work in North Dakota with a few exceptions. These exceptions include:
- working under the direct supervision of their parent or guardian and if that person is 100 percent owner of the business
- performing services of a household nature in or about the employer’s private home
- working in agricultural employment
- babysitting in domestic service unless it involves 20 or more hours of work for 3 or more consecutive weeks
- working as newspaper or shopper carriers
- employed to act or perform in a theater or place of amusement
ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment
What days can a minor work in North Dakota?
North Dakota child labor laws do not limit the days of the week youth may work in North Dakota. However, North Dakota rules limit the times during a day a minor may work. ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment
What times during the day can a minor work in North Dakota?
The times during a day a minor may work in North Dakota varies based on 1) whether they are under 16 year old or not, and 2) whether the work will be during school weeks or non-school weeks.
For youth that are 16-years-old and 17-years-old, North Dakota child labor laws do not restrict the times during a workday in which they may work, except an employer may not require a minor to work when the minor is supposed to be in school.
For youth that are 14-years-old and 15-years old, North Dakota child labor laws restrict the times during the day in which they work depending whether school is in session, 7 a.m. to 7 p.m., or school is not in session, 7 a.m. to 9 p.m.
| Age | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| What times can a 14-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 15-year-old work? | 7 a.m. until 7 p.m. | 7 a.m. until 9 p.m. |
| What times can a 16-year-old work? | No restriction | No restriction |
| What times can a 17-year-old work? | No restriction | No restriction |
ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment, see also FLSA
How many hours can a minor work each day in North Dakota?
For youth that are 16-years-old and 17-years-old, North Dakota child labor laws do not restrict how many hours they may work in a workday, except an employer may not require a minor to work when the minor is supposed to be in school.
Moreover, under North Dakota child labor laws, children that are 14-years-old and 15-years-old may work no more than 3 hours on a school day and 8 hours on a non-school day.
| Max Hours Work Each Day | School days | Non-school days |
|---|---|---|
| How many hours can a 14-year-old work each day? | 3 | 8 |
| How many hours can a 15-year-old work each day? | 3 | 8 |
| How many hours can a 16-year-old work each day? | No restriction | No restriction |
| How many hours can a 17-year-old work each day? | No restriction | No restriction |
ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment, see also FLSA
How many hours can a minor work each week in North Dakota?
For youth that are 16-years-old and 17-years-old, North Dakota child labor laws do not restrict how many hours they may work in a workweek, except an employer may not require a minor to work when the minor is supposed to be in school.
Moreover, under North Dakota child labor laws, children that are 14-years-old and 15-years-old may work no more than 3 hours on a school day and 8 hours on a non-school day.
| Max Hours Worked Each Workweek | School Weeks (Labor Day to June 1) | Non-School Weeks (June 1 to Labor Day) |
|---|---|---|
| How many hours can a 14-year-old work each day? | 18 | 40 |
| How many hours can a 15-year-old work each day? | 18 | 40 |
| How many hours can a 16-year-old work each day? | No restriction | No restriction |
| How many hours can a 17-year-old work each day? | No restriction | No restriction |
ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment, see also FLSA
What kinds of jobs can a minor work in North Dakota?
In North Dakota, youth under 16 years old may not work in the following jobs, except as part of a regular work-training program.
| Employment involving the use of any power-driven machinery | Construction work other than cleaning, errand running, moving, stacking, loading, or unloading materials by hand | Lumbering or logging operations |
| Sawmills or planing mills | The manufacture, disposition, or use of explosives | The operation of any steam boiler, steam machinery, or other steam generating apparatus |
| The operation or assisting in the operation of laundry machinery | Preparing any composition in which dangerous or poisonous acids are used | The manufacture of paints, colors, or white lead |
| Operating or assisting in the operation of passenger or freight elevators | Any mine or quarry | The manufacture of goods for immoral purposes |
| Any other employment not herein specifically enumerated that may be considered dangerous to life or limb or in which health may be injured or morals depraved | Occupations which involve working on an elevated surface, with or without use of safety equipment, including ladders and scaffolds in which the work is performed higher than six feet from the ground surface | Security positions or any such occupations that require the use of a firearm or other weapon |
| Door-to-door sales of any kind | Occupations involving the loading, handling, mixing, applying, or working around or near any fertilizers, herbicides, fungicides, pesticides, insecticides, or any other chemicals, toxins, or heavy metals | Occupations in or in connection with medical or other dangerous wastes |
| Occupations which involve the handling or storage of blood, blood products, body fluids, and body tissues | Cooking, baking, grilling, or frying | Warehouse or storage work of any kind in which the main objective of the operation is distribution |
| Trucking or commercial driving of any kind |
ND Statutes 34-07-01 to 34-0721, ND Department of Labor and Human Rights – Youth Employment
Under the FLSA, youth under 16 years old may not work in the following jobs, except except when serving a voluntary apprenticeship, work-training program, or student-learner program..
| manufacturing, including occupations requiring the performance of any duties in work rooms or places where goods are manufactured | mining, including occupations requiring the performance of any duties in work rooms or places where goods are mined | processing, including occupations requiring the performance of any duties in work rooms or places where goods are processed |
| operating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting apparatus | work in or around boiler or engine rooms or in connection with maintaining or repairing the establishment, machines, or equipment | operating, tending, setting up, adjusting, cleaning, oiling, or repairing power-driven machinery, including but not limited to lawn mowers, golf carts, all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers |
| operating motor vehicles or serving as a helper on a motor vehicle | riding on a motor vehicle except in those cases where is explicitly permitted (see above) | outside window washing if it involves working from window sills |
| work requiring the use of ladders, scaffolds, or similar equipment | baking and cooking activities except in those cases explicitly permitted (see above) | working in freezers and meat coolers, unless it is only momentarily to retrieve items (see above) |
| preparing meats for sale except in those cases explicitly permitted (see above) | youth peddling | loading and unloading of goods or property onto or from motor vehicles, railroad cars, or conveyors, except the loading and unloading of personal non-power-driven hand tools, personal protective equipment, and personal items to and from motor vehicles |
| catching and cooping of poultry in preparation for transport or for market | public messenger service | occupations in connection with transporting people or property by rail, highway, air, water, pipeline, or other means, except office work (including ticket office) or sales work if it does not involve performing any duties on trains, motor vehicles, aircraft, vessels, or other media of transportation |
| occupations in connection with warehousing and storage, except office work or sales work | occupations in connection with communications and public utilities. except office work or sales work | occupations in connection with construction, including demolition and repair, except office work or sales work if it does not involve performing duties at the actual site of construction operations. |
Under the FLSA, youth under 18 years old may not work in the following hazardous jobs except when serving a voluntary apprenticeship, work-training program, or student-learner program.
Does a teen need to have a work permit or certificate to work in North Dakota?
North Dakota child labor laws require 14-15 year old workers to obtain an employment and age certificate (work permit). Youth must fill out the employment and age certificate which include their personal information and the information of the prospective employer. The employment and age certificate form must be signed by the prospective employer and the teen’s parent or guardian. The teen must file the completed form with their school’s principal and the ND Department of Labor and Human Rights (labor@nd.gov).
Are youth workers entitled to rest breaks or meal breaks?
North Dakota labor laws require employers to provide employees, including youth 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.
