North Dakota Labor Laws (2025 Guide)

What’s New in 2025

There are currently no significant updates to North Dakota employment laws scheduled for 2025.

Labor Law Posters

Federal labor law posters
State labor law posters

Wage and Hour Laws

Minimum Wage

The standard minimum wage under North Dakota state law is $7.25. This applies to most employees, except:

• Employees of nonprofit, educational youth camps.
• Hunting and fishing guides and workers.
• Golf caddies.
• Film actors.
• Casual babysitters.
• Outside salespeople who work on commission.
• Companionship services and family home care providers.
• Certain student trainees.
• Volunteers.

An employer can submit an application to the commissioner for a special license that authorizes them to pay 85% of the minimum wage to certain employees:

• Students in vocational programs.
• Employees impaired by physical or mental disabilities.

Tipped Minimum Wage

The tipped minimum wage in North Dakota is $4.86. Employers can pay this to tipped staff who regularly earn more than $30 in tips each month. 

However, this is on the condition that the tips they receive, combined with the tipped minimum wage, bring their hourly earnings to or above the standard minimum wage. If this doesn’t happen, the employer must make up the difference.

Overtime 

North Dakota’s overtime rules align with federal regulations. All hours employees work above 40 hours in a workweek must be paid at the rate of 1.5 times the regular hourly wage.

Employers don’t have to pay overtime to people in the following roles:

• High-earning executive, administrative, and professional employees.
• Agricultural workers.
• Employees who spend 51%+ of their working hours giving direct care in shelters or foster care settings.
• Live-in domestic workers.
• Computer professionals earning $27.63+ per hour.
• Outside salespeople. 
• Certain people paid on commission.
• Radio and TV broadcasters.
• Certain creatives, such as writers, musicians, and editors.
• Educators.
• Employees who are covered by the Motor Carrier Act and exempt under the FLSA.

Break Laws

Meal Breaks

State law requires employers to give workers a 30-minute unpaid meal break during every 5-hour shift—but only when 2+ employees are working at the time.

Rest Breaks

No state laws mandate breaks in addition to the meal break explained above, but federal laws do. 

If FLSA-covered employers choose to give their workers rest breaks, they must ensure any breaks shorter than 20 minutes are paid.

Under the FLSA, employers must also give nursing employees breaks for pumping breast milk. 

Recordkeeping Requirements

Under North Dakota law, all employers must keep registers of all employees. This register must be ready for inspection by the commissioner or any of the commissioner’s authorized representatives at any time.

Records must contain:

• Pay and pay rates.
• Job classifications.
• Terms and conditions of each worker’s employment.

Employers must retain these records for each employee throughout their employment and for 2 years following their employment ending. 

Scheduling Laws

North Dakota hasn’t enacted any predictive scheduling laws that require employers to provide advance notice of work schedules or pay for changes to the schedule made on short notice. 

However, there’s a day of rest law for retail establishments: Employees in these businesses can’t work for 7 consecutive days. Employers must give each employee at least 1 full day (24 consecutive hours) off each week. An employer must try to accommodate an employee’s religious beliefs when granting them a rest day. Employers can schedule employees to work on their days of worship only if:

• Honoring their request would cause “substantial economic burdens” on the employer or put a significant burden on other employees.
• The employer made a reasonable effort to accommodate their requested day of rest.

Employee Compensation and Benefits

Reporting Time Pay

There’s no North Dakota law requiring employers to provide reporting time pay. This means that if an employee reports to work as scheduled but is sent home without performing any work, the employer isn’t obligated to pay the employee for that time.

Payday Frequency and Method

Employees must be paid regularly, at least once per month, in lawful money of the US. This includes checks and direct deposit.

Paystub Requirements

All employers in North Dakota must provide paystubs each pay period that detail:

• Hours worked.
• Rate of pay.
• Required state and federal deductions.
• Any other authorized deductions.

Wage Deductions and Garnishments

Employers in North Dakota can withhold employee wages only when deductions are:

• Required under state or federal law (e.g., taxes).
• Authorized in writing by the employee.
• Ordered by a court (e.g., garnishments).

Any third-party wage deduction can’t reduce the employee’s wages to below the minimum wage. 

If a court has ordered wage garnishments, federal limits apply. The largest amount that can be withheld depends on the employee’s disposable earnings (i.e., the amount left after legally required deductions—such as taxes—have been made). This amount is the lesser of:

• 25% of the employee’s disposable earnings, or—
• The amount where the employee’s disposable earnings are over 30 times the federal minimum wage.

Under federal law, employers are also prohibited from dismissing employees because of a single garnishment order for any one debt.

Final Paycheck Laws

Under state law, when an employee is discharged or leaves voluntarily, their final wages must be paid on the next regularly scheduled payday. If their employer doesn’t pay on time, the employee can claim wages for each day that the employer is in default.

Workers’ Compensation

In North Dakota, workers’ compensation is administered by North Dakota Workforce Safety and Insurance (WSI). 

All employers, with limited exceptions, must insure all employees before they begin employment. WSI has the power to issue Cease & Desist Orders to employers that don’t have workers’ compensation coverage. 

Limited exceptions are:

• Independent contractors.
• The employer’s spouse and their children (if they’re under 22).
• Certain real estate brokers and salespeople.
• Company directors (who aren’t employed by the company).
• Contact sport athletes.

North Dakota prohibits private insurers from underwriting workers’ compensation insurance—WSI is the sole provider. Employers can apply for coverage with WSI online.

If an employee is injured, they may be entitled to medical care and benefits, including prescriptions and wage reimbursement. 

The first step an employee should take is to report the injury to their employer. The employer is then responsible for filing a First Report of Injury (FROI) form with WSI within 7 days of the notice. WSI then processes the claim and makes a decision.

If an employee disagrees with WSI’s decision, they have 45 days to request a review.

Unemployment Insurance

North Dakota’s unemployment insurance (UI) program is run by Job Service North Dakota (JSND). Any employer that has at least 1 employee for 20 or more weeks in a calendar year—or that pays $1,500 or more in wages in a calendar quarter—is required to pay unemployment insurance (UI) tax.

Liable employers must register with JSND for an unemployment insurance account within 20 days of hiring for the first time. Subsequent employer responsibilities are:

• Pay UI tax payments via UI EASY or ACH Debit.
• File quarterly Employer’s Contribution and Wage Reports via UI EASY online.

The JSND has produced an Employer’s Handbook to help employers comply with their UI responsibilities.

To qualify for unemployment insurance benefits, employees must:

• Be unemployed through no fault of their own.
• Have earned sufficient wages during the base period (the first 4 of the previous 5 quarters before the individual files for UI benefits).
• Be able to work, available, and actively seeking work.

To file a claim for UI benefits, job seekers must file through the Unemployment Insurance Internet Claims Entry (UI ICE) system or by phone at 701-328-4995. There’s a week-long waiting period before any benefits for new claims are paid.

UI benefits in North Dakota range between $43 and $786. Weekly benefit amounts are equal to the employee’s wages in their highest-earning 2.5 quarters in their base period (i.e., the total earnings from the 2 highest-earning quarters plus half of the third-highest quarter) divided by 65. 

Once individuals are receiving benefits, they must submit weekly certifications to continue receiving benefits. The general maximum duration is 26 weeks, but extended benefits may be available under certain conditions.

All employee responsibilities are detailed in the Claimant Guide.

Workplace Rights and Protections

Discrimination and Harassment

Discrimination and harassment based on protected characteristics are illegal under the North Dakota Human Rights Act and other state and federal laws. While employers need 15 or 20+ employees to fall under federal laws, the North Dakota law applies to employers who employ 1 or more workers for more than 1 calendar quarter.

The Department of Labor and Human Rights is responsible for enforcing the state’s human rights act.

In North Dakota, the following characteristics are protected:

• Age (40 or older).
• Color.
• Disability.
• Genetic information.
• National origin.
• Pregnancy, childbirth, or related conditions.
• Race.
• Religion.
• Sex, including transgender status.
• Sexual orientation. 

The complaint process differs depending on which law and how the affected employee wishes to proceed.

State law gives employees 2 routes to file discrimination complaints:

1. File a claim with the North Dakota Department of Labor and Human Rights:

• Complete and submit the Equal Employment Opportunity Questionnaire/Affidavit.
• The Department will decide whether to file a formal complaint.
• If there are grounds for an investigation, the Department will draft a formal complaint for the employee to sign and return.
• The Department will investigate and work to resolve the complaint by informal means.
• If the complaint can’t be resolved informally, it can proceed to court.

2. File a complaint directly in state court.

State discrimination complaints must be filed within 300 days of the discrimination occurring.

Federal claims are filed with the US Equal Employment Opportunity Commission (EEOC) through their online portal or by calling 1‑800‑669‑4000.

Leave Laws

❌ Family and Medical Leave	North Dakota doesn’t offer its own family and medical leave plan, but eligible employees can take leave under the federal Family and Medical Leave Act (FMLA). The FMLA applies to employers of 50 or more and entitles workers to up to 12 weeks of unpaid leave for: • A serious medical condition of the employee taking the leave. • The care of a seriously ill or injured spouse, child, or parent. • The care of a newborn within its first year. • The care of a foster or adopted child within a year of placement. • “Qualifying exigencies” in relation to a child, spouse, or parent being on covered active duty. • Military caregiver leave for the care of a service member, spouse, child, or parent (up to 26 weeks). Employees must’ve worked for their employer for at least a year and worked 1,250 hours or more to be eligible for FMLA leave.
❌ Paid Sick Leave	North Dakota doesn’t require employers to give employees any paid sick leave. Where employers choose to provide paid sick leave, they must provide it according to any policies they’ve established.
❌ Paid Family Leave	Employers aren’t obliged to grant paid family leave. Eligible employees can take certain types of unpaid family leave under the FMLA.
❌ Pregnancy and Parental Leave	There are no state requirements for parental and pregnancy-related leave. The FMLA provides some unpaid leave for pregnant and parenting employees in certain circumstances.
❌ Vacation and Personal Leave	Employees in North Dakota aren’t entitled to any vacation or personal leave. Employers that choose to offer vacation and personal leave must ensure they comply with any relevant terms in employment contracts, collective bargaining agreements, and policies.

Other Mandatory Leave

Military Leave	While there’s no state-mandated military leave, private-sector employees in North Dakota are covered by the federal Uniformed Services Employment Reemployment Rights Act (USERRA). USERRA entitles members of the National Guard and reserve components of the US Armed Forces to unpaid, job-protected leave to perform military service.
Jury Duty and Witness Leave	Employers are prohibited from dismissing employees who are called to serve on a jury or participate in court proceedings in response to a summons or subpoena. Violation of this rule entitles the employee to bring civil action for recovery and damages of up to 6 weeks’ lost wages.
Crime Victim Leave	Under state law, North Dakota employees who’ve been victims of crime can’t be subject to adverse action or financial or professional harm from their participation in the criminal justice process. Therefore, prosecuting attorneys are required to provide “appropriate employer intercession services” to ensure employers cooperate with the criminal justice process and support the employee’s participation.
Emergency Response Leave	State law protects volunteer members of the Army National Guard or Air National Guard of any state, as well as volunteer members of the Civil Air Patrol, from losing their jobs if called to serve as emergency responders to a disaster or emergency. However, North Dakota limits voluntary emergency responder leave to 20 work days per year. Employees may bring civil action against employers who refuse to grant emergency response leave.

Child Labor Laws

Minimum Working Age and Limits on Types and Hours of Work

The standard age for employment in North Dakota is 14. 

However, under-14s can be employed for a handful of roles:

• Certain farm labor.
• Domestic service.
• In roles where they’re employed by a parent, grandparent, or legal guardian and under their direct supervision.

Under-14s can’t be employed for any work of any kind when schools are in session.

Children aged 14 and 15 can work only if they aren’t required to attend school or they have an employment certificate (see more on this below). When either of these are met, most can only work:

• 7:00 a.m. to 7:00 p.m. from Labor Day to May 31 (during school semesters).
• 7:00 a.m. to 9:00 p.m. from June 1 to Labor Day (during summer break).

For a maximum of:

• 3 hours per day and 18 hours per week during school. 
• 8 hours per day and 40 hours per week during non-school weeks.

Minors in this age group who work as sports attendants in professional sporting events are exempt from these time limitations.

All employers hiring minors must display the ND Minimum Wage & Work Conditions notice, which contains permitted youth work hours.

14- and 15-year-olds are prohibited from the following types of employment:

• Construction.
• Work involving power-driven machinery (with some exceptions).
• Work involving explosives and chemicals (including fertilizers and similar substances).
• Logging, lumbering, and in saw and planing mills.
• Operating any steam boiler, machinery, or any other steam-generating apparatus.
• Operating laundry machines and elevators.
• Paint manufacture.
• In mines and quarries.
• Door-to-door sales.
• Cooking, baking, grilling, or frying.
• Work involving human tissues and fluids, and medical waste.
• Warehouse distribution and storage.
• Any kind of commercial driving and trucking.

Minors aged 14 and 15 can work in hazardous occupations if they’re in a registered apprenticeship program or a student in an approved career and technical education program with their guardian’s permission.

Under-16s can work as performers only if the minor’s legal guardian and the labor commissioner agree that it won’t be detrimental to the child’s welfare, health, safety, education, or morals.

North Dakota doesn’t have any restrictions for 16- and 17-year-olds. However, federal laws prohibit certain occupations for anyone under 18.

Child Employment Certificates and Other Required Documentation

In North Dakota, the employment certificates required for 14- and 15-year-olds are called Employment and Age Certificates, and they’re mostly the responsibility of minor employees’ legal guardians.

Three sections on the form must be completed by the minor, the employer, and the minor’s legal guardian. When the minor’s legal guardian completes the certificate—or refuses to sign it—they have 10 days to file it with:

1. The North Dakota Department of Labor and Human Rights.
2. The minor’s employer.
3. The minor’s school principal.

Employers are required to keep all completed employment certificates for minors on file. 

Employers with employees who are age 16+ but appear to be under 16 must be able to provide evidence that they’re at least 16 to:

• The labor commissioner or the commissioner’s agent or representative.
• The minor’s school principal.
• Any officer charged with enforcing child labor laws, compulsory school attendance, and other child welfare laws.

If an employer can’t do this, they must dismiss the employee. 

Workplace Safety and Health

In the absence of state-specific occupational safety and health regulations, North Dakota follows federal Occupational Safety and Health Administration (OSHA) standards. This means that employers must comply with federal requirements to:

• Provide safe workplaces free from recognized hazards.
• Provide training on workplace hazards in languages employees understand.
• Follow all applicable OSHA safety and health standards.
• Maintain records of workplace injuries and illnesses.
• Report serious injuries and hospitalizations within 24 hours.
• Report fatalities promptly.
• Post the OSHA Job Safety and Health poster in a visible location.

OSHA gives employees the right to request OSHA inspections and report safety violations without retaliation. 

Labor Union Regulations

North Dakota is a right-to-work state. This means that employees in the state can’t be made to join a union or labor organization, or refrain from joining one, as a condition of hire or continued employment.

Under the federal National Labor Relations Act (NLRA), employees in North Dakota have the right to:

• Form and become members of labor unions.
• Participate in collective bargaining with employers.
• Talk about their workplace conditions with colleagues.
• Join strikes and pickets.

Employment Contracts and Severance

Employment Contract Laws

North Dakota is an at-will employment state. Employers and employees can terminate employment at any time without notice for any lawful reason, unless:

• They were employed for a specified duration.
• A policy, agreement, or employment contract governs the terms of termination.

Under state law, the following events will end employment:

• The employee passes away.
• The employee is no longer legally able to do the job.
• An appointed term of employment ends.
• The job no longer exists.

In North Dakota, non-compete agreements are generally unenforceable. However, they may be allowed in limited cases involving individuals who are also company shareholders, members, or partners—typically in the context of a business sale or dissolution. North Dakota applies the same limitations on non-solicitation agreements.

Non-disclosure agreements are enforceable if they protect confidential information and aren’t vague or unreasonably broad. Employers can take legal action under North Dakota’s Uniform Trade Secrets Act against the misappropriation of trade secrets.

Severance Pay

North Dakota doesn’t require severance pay when employment ends. If employers voluntarily offer it, they must honor any relevant terms in policies, employment contracts, and collective bargaining agreements.

Additional State-Specific Employment Laws

Employers in North Dakota should also familiarize themselves with the following state regulations:

Mini-COBRA Health Coverage	North Dakota has enacted its own Consolidated Omnibus Budget Reconciliation (COBRA) law, referred to as Mini-COBRA, that permits employees to continue their health insurance coverage if they lose their jobs or their hours are significantly reduced. While the federal COBRA applies to employers of 20+, North Dakota’s Mini-COBRA provides continuation for employees of smaller employers with 2–19 employees.
Independent Contractor Classification	North Dakota uses the common law test to distinguish independent contractors from employees. Key factors that help determine a worker’s status are: • The degree of control the employer has over the worker. • How the worker is paid. • Whether work tools are provided. • Nature of the work relationship.
Drug Testing	When North Dakota employers require employees to pass a drug or alcohol test as a condition of employment or retaining employment, it must be at the employer’s expense.

Legal Resources for Employers and Employees

Please see the following resources for help or further learning:

• North Dakota Job Service: Unemployment insurance services, job postings, workforce development programs, and labor market information for employers and employees.
• North Dakota Department of Labor and Human Rights: Organization that enforces state labor laws and provides resources on wages, employment practices, discrimination, and youth employment.
• Legal Services of North Dakota: Non-profit organization that provides legal assistance and legal aid.

Disclaimer

The information presented on this website about labor laws in North Dakota is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.