North Dakota – Wage Payment Laws

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

Manner of Wage Payments

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

Payment upon Separation from Employment

An employer must pay an employee upon separation from employment, no matter the reason, no 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.

If the employer fails to pay an employee as required, the employee is entitled to collect the value of the wages they would have earned had they continued working for each day the employer is in default, up to 30 days.

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 a 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

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

Pre-hire Medical, Physical, or Drug Tests

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.

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

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 three (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.

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