.png){kind=small}
Chat with us now!
Send Email!
In America, North Dakota labor laws aim to provide equal treatment for all employees and working conditions free from harm. The labor laws in North Dakota touch on some key areas, such as equal employment opportunities to avoid discrimination, equitable remuneration, a safe working environment, and the right to organize or unionize.
For North Dakota specifically, it can feel like a task to keep up with the state’s labor and employment laws. From knowing the minimum wage to being aware of workers’ compensation, employers need to be aware of the regulations that govern their companies. Although the vast majority of North Dakota’s labor laws conform to federal practices, there are still certain requirements unique to the state that each employer needs to abide by.
Standard Working Hours
The North Dakota Department of Labor and Human Rights (ND DOLHR) regulates wages, working hours, and employee rights in the state. North Dakota employers can assign flexible work schedules to their workers in accordance with company requirements. Still, they have to adhere to federal and state wage regulations to ensure fair treatment.
Minimum Wages
The state minimum wage for North Dakota is $7.25 per hour, the same as the federal minimum rate. This is the usual rate for most workers employed in the state. Certain groups of employees do not fall under the requirements for the state minimum wage because of the type of employment or work that they do.
Exempt employees include employees of a nonprofit educational youth camp, hunting and fishing guides, golf caddies, film and dramatic theater actors, babysitters who are not regular employees, and outside salespeople who receive commissions. Also excluded under the general minimum wage provision are companionship service providers, family home care workers, some student trainees, and volunteers.
Overtime Laws
North Dakota labor laws salaried employees are established by the Fair Labor Standards Act (FLSA). The provisions of these regulations are that any worker who works over 40 hours in a workweek will have to be paid overtime at a rate of 1.5 times their normal hourly pay. This guarantees that workers will be properly compensated for extra hours they work over the regular workweek.
Workers who work more than half of their work hours giving direct care in shelters or foster care, live-in domestic helpers, and computer specialists who earn $27.63 or more per hour also belong to the exemption category.
Other exceptions involve:
- Outside salespeople,
- Some commission-only employees,
- Radio and television announcers,
- and other creative professionals like authors, editors, and musicians.
Tipped Minimum Wages
In North Dakota, the tipped minimum wage is $4.86 per hour. This is for workers who earn a regular amount exceeding $30 in tips during a month, like servers, bartenders, and other hospitality staff.
Employers are permitted to pay tipped employees a reduced base wage, provided their overall income, including tips included is at least the regular minimum wage of $7.25 per hour. Keeping these regulations in mind prevents companies from wage disputes and ensures tipped staff are paid equally for the work they do.
Meal And Rest Breaks
North Dakota law mandates a 30-minute meal break for employers for those workers employed over 5 consecutive hours, as long as there are two or more on-duty workers during the shift. This law will give workers enough time to rest and eat during extended working hours. The meal break may be unpaid only if the worker is fully relieved of all work responsibilities during the break.
Moreover, federal and state laws also safeguard nursing mothers’ rights. According to the Fair Labor Standards Act (FLSA) and North Dakota labor laws breaks, qualified employees are given reasonable breaks for feeding their nursing child for a maximum period of 1 year from the date of birth of the child.
Leave Laws
North Dakota leave regulations are primarily consistent with federal labor laws, granting employees specific rights while providing employers with flexibility in handling leave policies.
| Leave Type | Description |
| Vacation Leave | North Dakota private employers are not obligated to give paid vacation leave. If, however, the employer makes vacation time part of an employment contract or firm policy, then the employer has a responsibility to live up to those agreements. |
| Family Leave | North Dakota lacks a state family leave statute, but has employers covered under the Family and Medical Leave Act (FMLA). Companies with 50 or more employees are required to offer covered employees up to 12 weeks of unpaid leave a year for qualifying purposes. |
| Military Leave | Workers who are called up to active duty or military training are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employers with 15 or more employees are required to provide unpaid leave to eligible employees who serve in the armed forces. When they return, workers have the right to be reemployed in their original jobs with the same salary, benefits, and seniority. |
| Voting Leave | Except some other states, there is no requirement for voting leave in North Dakota. Employers are, though, encouraged to have voluntary policies that give employees time off to vote without penalty or pay loss. |
| Holiday Leave | Private employers need not give paid or unpaid time off during holidays. Employees might be required to work on public holidays, and premium pay is only mandatorily required when it is explicitly mentioned in the employee’s contract or company policy. |
| Pregnancy Disability Leave | North Dakota lacks an independent pregnancy disability act. Pregnant workers may be eligible, however, under the FMLA, if the employer has at least 50 employees.
Short-term disability insurance offering partial income during pregnancy leave might also be available from employers. |
| Paid Sick Leave | There is no North Dakota state requirement for paid sick leave. It may be included in the benefits package by employers.
Eligible employees under FMLA can take up to 12 weeks of unpaid leave for serious health conditions when they satisfy federal eligibility standards. |
| Jury Duty Leave | Workers who are serving on jury duty are legally protected from disciplinary action or retaliation. Private employers in North Dakota are not, however, obligated to compensate workers for the duration they are serving as jurors unless there is a specific provision in an employment contract or company policy. |
Child Labor Laws
- The North Dakota legal working age is 14 years.
- Children under 14 are allowed to work in some limited capacities, including working on a farm, doing household chores, or even working for a parent, grandparent, or legal guardian under direct supervision.
- Under-14 children cannot work in any employment during school periods.
| Age Group | Work Eligibility | Permitted Work Hours | Maximum Hours Allowed | Exceptions |
| 14 and 15 years old | Minors who are 14 and 15 years old can work only if they do not need to go to school or if they possess an employment certificate. | 7:00 a.m. to 7:00 p.m. from Labor Day to May 31 and 7:00 a.m. to 9:00 p.m. from June 1 to Labor Day. | 3 hours daily and 18 hours weekly during school weeks, and 8 hours daily and 40 hours weekly when schools are closed. | Such restrictions do not apply to minors employed as sports attendants at sports events at professional sports events. |
| Employer Requirements and Job Restrictions | Employers of minors are required to post the North Dakota Minimum Wage & Work Conditions notice, which defines the permitted working hours for youth workers. Employees who are between 14 and 15 years old are barred from some occupations, such as construction, operating machinery, handling chemicals or explosives, logging, mining, and manufacturing. | — | — | Children in this age group can perform otherwise prohibited work if they are enrolled in a registered apprenticeship or a qualified career and technical education program with the consent of the guardian. |
| Under 16 years old (Performers) | Children under 16 years old may work as performers only if both the labor commissioner and the minor’s guardian agree that the work will not negatively impact the child’s health, safety, education, or moral development. | — | — | — |
| 16 and 17 years old | North Dakota imposes no additional state restrictions on 16- and 17-year-olds, though federal law still bans individuals under 18 years old from working in hazardous occupations. | — | — | — |
Taxes In North Dakota
As per the North Dakota labor laws, North Dakota has a graduated state income tax system for both companies and individuals. The state income tax rates for individuals are 1.95% to 2.50%, which vary with income. It implies that higher incomes are taxed a little above the percentage, so there is an even contribution across levels.
Don’t struggle to get a paystub now, create by yourself with Stub Creator!
Producing correct paystubs is an essential function of contemporary payroll administration, but most companies continue to struggle with maintaining accuracy and compliance. The primary issue is the manual generation of paystubs, which tends to involve miscalculations, omissions of tax information, and inconsistent formatting.
The answer to this dilemma is the use of a free paystub creators. Automated paystub generator streamlines the whole payroll process by calculating gross pay, deductions, taxes, and net pay automatically. Also, Stub Creator facilitates easier access by employees to their records in real-time, enhancing transparency and confidence for employers and employees.
In summary, paystub creation is more than an administrative chore; it is a key procedure that fosters financial transparency and accountability. By embracing trustworthy paystub generator tools, companies can break free from the limitations of manual payroll processing, minimize errors caused by human factors, and streamline operations.
Curious Minds Also Ask
What are the labor laws in North Dakota?
North Dakota’s labor laws govern employment practices regarding minimum wage, overtime, hours of work, and workplace safety. The state minimum wage is equal to the federal minimum wage of $7.25 per hour, plus overtime pay is required for any work that exceeds 40 hours per week.
The laws ensure a fair and safe working environment for both employers and employees pursuant to Federal and State laws, like the Fair Labor Standards Act.
How many breaks are in an 8 hour shift by law in North Dakota?
In North Dakota, employees who work five consecutive hours must have at least a 30-minute meal break, provided two or more employees are on duty. Employers are not obligated to pay for meal breaks as long as the employee is completely relieved of all work duties.
There is no specific requirement or statute that mandates brief rest breaks for employees, but some employers choose to provide them to allow for comfort and productivity during the workday.
How many hours can you work in a day in North Dakota?
There is no limit on the number of hours an adult can work in a day in North Dakota. However, if an employee works more than 40 hours in a week, that employee must be compensated with overtime pay.
Employers can extend shifts as long as they pay adequate wages and employ safety measures. Companies must balance shifts so employee fatigue is not an issue and workers are protected under state and federal wage and hour guidelines.
What is considered wrongful termination in North Dakota?
In North Dakota, unlawful termination occurs when an employee is terminated unlawfully on account of discrimination, retaliation, or breach of an employment contract.
Despite being characterized as an “at-will” employment state, which allows you can terminate your employment at any time, an employer cannot terminate you for reporting unethical conduct, harassing behavior, or exercising your lawful employee rights granted under the law.
What is the WARN Act in North Dakota?
The federal Worker Adjustment and Retraining Notification (WARN) Act is applicable in North Dakota for employers who employ 100 or more full-time employees. This federal law was passed to allow employee to find new employment, retrain, or financially prepare when their income is lost, for example, in the case of a plant closure or mass layoff.
How long do you have to work to get unemployment in North Dakota?
To qualify for unemployment benefits in North Dakota, a person must have been employed long enough in two of the last four completed quarters. A person must also be unemployed through no fault of their own and actively seeking new work. Job Service North Dakota determines eligibility and benefit amounts based on the applicant’s previous earnings and work history.
Does PTO have to be paid out in North Dakota?
Employers in North Dakota do not have to provide paid time off (PTO) by law. However, if a company has PTO as part of its company policy or employment contract, the company is required to honor that policy or contract.
What are the termination laws in North Dakota?
In North Dakota, both employers and employees may terminate an employment relationship at will. However, terminations must not occur for discriminatory or retaliatory reasons. Additionally, the employer must pay the final paycheck on the employee’s next regular payday.
What is the Ban-the-box law in North Dakota?
The “Ban the Box” law for North Dakota protects public employers. It does not permit public employers to ask about an applicant’s criminal history. This North Dakota labor law allows applicants with a past criminal record a chance to be evaluated based on their qualifications and experience.
Even though private employers are not covered under this law, they are encouraged to follow the same practices.
What is the lunch law in North Dakota?
North Dakota requires a 30-minute meal break for employees who work more than five hours, provided at least two employees are on duty. This break can be unpaid if the worker is completely free from duties during the time.
If employees are required to perform any job-related tasks during the break, the employer must count the time as paid work.
Can you collect unemployment if you are fired in North Dakota?
An employee in North Dakota can qualify for unemployment insurance benefits after being terminated for reasons other than misconduct, such as performance issues or reorganization of the business.
Employees terminated for misconduct or violations of the company policy will most likely not qualify for unemployment insurance benefits. The circumstances of the separation are reviewed on a case-by-case basis by Job Service North Dakota to evaluate eligibility for benefits and the reason for separation from employment.
What is the entrapment law in North Dakota?
In North Dakota, entrapment occurs when a law enforcement officer persuades or coerces someone to commit an illegal act that the person would not have otherwise committed. If you can prove the officer used coercion, intimidation, or influence to get the act done, it is a valid legal defense. If you successfully prove entrapment, the judge will dismiss the criminal charge against the defendant.
FAQ's
What is the minimum wage in North Dakota for 2025?
+
As of 2025, North Dakota follows the federal minimum wage rate of $7.25 per hour, since the state has not set a higher rate. Employers must comply with federal wage standards unless future legislation changes the rate.
Are employers required to provide paid sick leave in North Dakota?
+
North Dakota law does not require private employers to offer paid sick leave. However, many employers choose to provide it voluntarily or as part of company policy. Federal laws, such as the Family and Medical Leave Act (FMLA), may apply in certain situations.
What are the overtime laws in North Dakota?
+
Employees covered under the Fair Labor Standards Act (FLSA) are entitled to overtime pay at 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, unless classified as exempt.
Are meal and rest breaks required under North Dakota labor laws?
+
North Dakota does not mandate meal or rest breaks for adult employees. However, employers who choose to offer short breaks (typically 5–20 minutes) must count that time as paid working hours under federal law.
