01N.D.C.C. § 34-06-22 + N.D. Admin. Code § 46-02-07-03(2)
North Dakota's minimum wage is $7.25/hr — adopts federal minimum under N.D.C.C. § 34-06-22. The state has not had a state-specific minimum wage above federal since 2009. ND Department of Labor and Human Rights administers minimum wage regulations through North Dakota Administrative Code Chapter 46-02-07.
Tipped wage $4.86 (33% of state minimum — distinctive percentage): tipped employees may be paid $4.86 cash wage if combined cash + tips reach $7.25 minimum. Tip credit $2.39. The 33% framework is distinctive among states — most use 40-60% of state minimum (CO, IL, MN) or fixed dollar amount (federal $2.13). $30/month tip threshold matches federal. If tips fall short, employer must make up difference.
Tip pool voting requirement (N.D. Admin. Code § 46-02-07-03(2)): employers may NOT require tip pooling. To establish a tip pool, 50% +1 of all tipped employees must vote in favor. Employer must maintain written records of each vote including names of voting employees and total of votes. To hold a tip pool vote, a minimum of 51% of the tipped employees must request it. The collective-decision framework distinguishes ND from federal default and most states.
Nonprofit gaming exception: nonprofit gaming sites that regularly have four or fewer tipped employees on duty may require tip pooling among all tipped employees (limited-scope exception under N.D. Admin. Code § 46-02-07-03). The exception reflects ND's distinctive nonprofit gaming industry (charitable gaming, pull-tabs, bingo, blackjack at restaurants and bars, regulated by ND Attorney General's Office).
NO training wage for under-20 workers — distinguishes ND from federal opportunity wage. Federal training wage may not apply if state law (which controls when more protective) prohibits subminimum for under-20. Subminimum wages allowed only with special certificates from ND DLHR for: workers with disabilities; student learners enrolled in career/technical education programs. Industry concentration: agriculture (wheat, soybeans, corn — large agricultural exemptions); energy (Bakken oil/gas); manufacturing (food processing); healthcare; retail/hospitality. Multi-state operators with ND workforces should configure: $7.25 ND minimum; $4.86 tipped wage with 33% framework and reconciliation; tip pool voting documentation if pooling desired (50% +1 vote, 51% to request); nonprofit gaming exception if applicable; subminimum certificate workflow.
Read the full North Dakota $7.25 nd min + tip pool voting requirement guide →
02N.D. Admin. Code § 46-02-07-04 — distinctive 2-employee on-duty condition
North Dakota requires a 30-minute meal break under N.D. Admin. Code § 46-02-07-04 for shifts of 5 hours or more, but only when 2+ employees are on duty at the same time. The 5-hour trigger is more aggressive than typical 6-hour rules in ME, NY, MA, but the 2-employee on-duty condition narrows applicability significantly.
2-employee on-duty condition is structurally distinctive: single-employee shifts not subject to break requirement. Workers working alone (e.g., night shift convenience store, single-employee retail, single-shift small office) are exempt from state break requirement. The condition reflects practical staffing realities at small Northern Plains employers. Distinguishes ND from neighboring MN (no employee-count condition for break trigger) and from CA, NY, MA (broader break frameworks).
Federal FLSA standards apply for paid vs. unpaid status: meal break can be unpaid IF worker is fully relieved of duties for entire 30 minutes. If worker is required to remain on duty or perform any work during break (answer phones, supervise others, perform tasks), break must be paid (29 CFR § 785.19 'completely relieved' standard).
No state rest break requirement: ND does not require shorter rest breaks. Federal FLSA standards apply — short rest periods 5-20 minutes must be paid if employer provides them (29 CFR § 785.18).
Federal PUMP for Nursing Mothers Act applies in parallel: Federal PUMP Act (Pub. L. 117-328, effective Dec 29, 2022) requires reasonable break time for nursing employees to express breast milk for one year after child's birth. Employer must provide private space (other than bathroom). Applies at 50+ employee employers in ND. North Dakota does not provide additional state-level nursing break protection. Multi-state operators with ND workforces should configure: 30-min meal break after 5 hours when 2+ on duty; single-employee shift exemption analysis; federal short rest period payment if 5-20 min breaks provided; federal 'fully relieved' standard for unpaid meal breaks; federal PUMP Act compliance at 50+ employees with private nursing space.
Read the full North Dakota nd 30-min meal break after 5 hours (when 2+ on duty) guide →
03N.D.C.C. § 34-14-03 — next regular payday with 30-day default-up framework
North Dakota's final pay rule under N.D.C.C. § 34-14-03 is straightforward: final wages on next regular payday after separation. Same rule for terminations and voluntary quits. Distinguishes ND from immediate / next-business-day rules in CA, CT, DC, HI, MA, and from aggressive 72-hour rules in NH, VT.
30-day default-up penalty for late payment: if employer fails to pay final wages on required day, worker may claim wages for each day the employer is in default, up to 30 days. The default-up framework caps total penalty at 30 days regardless of underlying wage amount. Penalty wages run regardless of underlying wage amount — meaning a worker owed $100 in unpaid wages could potentially recover $100 unpaid + 30 days of additional wages as penalty. Distinguishes ND from per-period penalty states (Idaho's $500/period civil penalty) and from multiplicative damages frameworks.
Components included in final pay: regular wages through last day worked; overtime if applicable; commissions earned through last day (regardless of when commission would normally be paid); expense reimbursements; bonuses if non-discretionary and earned through separation. Discretionary bonuses NOT included unless paid before termination. Vacation/PTO payout governed by employer policy: ND does not mandate vacation payout at separation. Employer policy controls — but written policy must be followed consistently.
Pay frequency under N.D.C.C. § 34-06-09: employers must pay employees at least monthly on regular paydays the employer chooses in advance. Distinguishes ND from neighboring MN (semi-monthly minimum), MT (semi-monthly minimum) and aligns with ID, SD (monthly minimum). The framework allows monthly, bi-weekly, semi-monthly, or weekly pay schedules — but never less frequently than monthly.
Mass separation 48-hour notice requirement: employers must provide at least 48 hours' notice to Job Service North Dakota before mass separation. Mass separation defined as layoff of 25+ employees for the same reason at a single establishment, whether permanently, for an indefinite period, or for at least 7 days. Notice must include reason for separation and names/Social Security numbers of affected employees. Federal WARN Act may apply in parallel for larger employers (100+ employees). Wage statement requirements: employers must provide rate of pay, hours worked, itemized deductions with each pay period. Federal FLSA recordkeeping standards also apply (29 USC § 211(c)). Multi-state operators with ND workforces should configure: next-payday final pay automation; 30-day default-up penalty exposure tracking; monthly minimum pay frequency; commission reconciliation through separation; vacation/PTO payout per written policy; mass separation 48-hour Job Service ND notification with name/SSN reporting; federal WARN Act 60-day notice if applicable.
Read the full North Dakota nd final pay + 30-day default-up penalty guide →
04N.D.C.C. Title 65 — WSI sole insurer; § 34-06-04 retail Sunday rest
North Dakota workers' compensation is administered by North Dakota Workforce Safety and Insurance (WSI) — sole insurer (state monopoly). North Dakota is one of approximately 4 states (alongside OH, WA, WY) prohibiting private insurers from underwriting workers' compensation. WSI is the only provider for workers' comp insurance in the state. The state-monopoly framework simplifies insurance procurement (no shopping among carriers) but eliminates competitive pricing pressure.
All employers (with limited exceptions) must insure all employees through WSI before they begin employment. WSI may issue Cease & Desist Orders to non-compliant employers. Workers' compensation premiums based on payroll, industry classification, and experience modification factors. WSI publishes annual rate adjustments.
Coverage exemptions under N.D.C.C. Title 65: independent contractors; employer's spouse and children (if children under 22); certain real estate brokers and salespeople; company directors (who aren't employed by company); contact sport athletes. Limited exemptions reflect ND's broader employer coverage. Multi-state operators with ND workforces should configure: WSI coverage from first hire; WSI premium remittance through state portal; First Report of Injury workflow for workplace incidents.
Retail Sunday rest under N.D.C.C. § 34-06-04: retail employers must allow workers to have at least 24 consecutive hours off from work in every 7-day period. Retail employers must also grant worker's request for time off to attend worship services once a week, unless: (a) it would cause substantial economic burden; OR (b) it would impose undue hardship. The framework is distinctive among states — reflects ND's religious-accommodation tradition rooted in Northern Plains immigrant community history.
Federal OSHA covers all ND workplaces. ND does not have state OSHA plan. Federal OSHA enforcement priorities in ND: agriculture (wheat, soybean, corn farming — large agricultural exemptions still apply); energy (Bakken oil/gas in Williston Basin — high-priority enforcement focus); manufacturing (agricultural equipment, food processing); construction. Industry concentration: agriculture (wheat, soybeans, corn, sugar beets, dairy); energy (Bakken oil and gas — major employer in Williston, Minot, Dickinson); manufacturing (Bobcat agricultural equipment, food processing, BNSF Railway); healthcare (Sanford Health, Altru Health System); retail; military (Minot Air Force Base, Grand Forks Air Force Base). Multi-state operators expanding to ND should configure: WSI workers' comp from 1 employee; First Report of Injury workflow; retail Sunday rest 24-hour break; worship service accommodation requests; federal OSHA reporting workflow for private sector.
Read the full North Dakota nd wsi workers' comp + retail sunday rest guide →
05Federal-mirror OT; N.D.C.C. § 34-06-09 monthly pay
North Dakota OT framework mirrors federal FLSA: 1.5× regular rate for hours past 40 in workweek. State enforcement through ND DLHR Wage and Hour Division. Workers may pursue dual-track claims through ND DLHR or federal FLSA private action.
State exempt threshold $684/week federal default: ND does not set state-specific exempt salary threshold above federal FLSA. Annual threshold $35,568 federal. Multi-state operators with ND workforces use federal threshold. Distinguishes ND from neighboring MN ($1,316.88/week 2026 — for large employers, higher state-specific threshold).
OT exemptions parallel federal FLSA with ND-specific additions: high-earning executive, administrative, professional employees ($684/week federal); agricultural workers (federal FLSA agricultural exemption applies); employees who spend 51%+ of working hours giving direct care in shelters or foster care settings (ND-specific); live-in domestic workers; computer professionals earning $27.63+/hour; outside salespeople; certain commission-based employees; radio/TV broadcasters; certain creatives (writers, musicians, editors); Motor Carrier Act exempt employees.
Pay frequency at least monthly under N.D.C.C. § 34-06-09: employers must pay employees at least monthly on regular paydays the employer chooses in advance. Pay period close must be no more than 15 days before scheduled payday. Wage statement requirements: rate of pay, hours worked, itemized deductions provided with each pay period.
Background check framework: ND requires employers to follow Fair Credit Reporting Act (FCRA) requirements when running background checks. Specific employer types must conduct background checks: adult family foster care facilities; security officers at state university; substance abuse treatment program personnel if they may have contact with adolescents receiving treatment. Nursing mother accommodation (ND-specific in addition to federal PUMP Act): ND requires employers to provide reasonable accommodations for nursing mothers, including reasonable break time to express breast milk and access to private space (other than bathroom). Multi-state operators with ND workforces should configure: federal FLSA OT tracking at 40 hours/workweek; federal regular rate with bonus inclusion; federal $684/week exempt threshold; monthly pay frequency with 15-day close; wage statement compliance; FCRA background check workflow for required positions; nursing mother accommodation.
Read the full North Dakota nd ot federal mirror + monthly pay frequency guide →
06N.D.C.C. § 14-02.4 — anti-discrimination at universal threshold
North Dakota Human Rights Act under N.D.C.C. § 14-02.4 prohibits employment discrimination at the 1+ employee threshold — among the lowest in the country alongside OK (OADA), ME (MHRA), DC (DCHRA), VT (VFEPA), MT (MHRA). Universal coverage from one employee.
Protected categories under NDHRA: race, color, religion, sex (including pregnancy and childbirth), national origin, age, physical or mental disability, marital status, status with regard to public assistance, participation in lawful activity off employer's premises during nonworking hours not in direct conflict with essential business-related interests of employer.
Marital status protection — distinctive among states. North Dakota joins NE, NM, IL, NJ, NY, CA, MT in explicitly protecting marital status. Workers cannot be discriminated against based on marriage status (single, married, divorced, widowed). Public assistance status protection — distinctive — workers cannot be discriminated against for receiving public assistance benefits. Reflects ND's Northern Plains protective tradition.
Lawful off-duty activity protection — distinctive — workers protected from discrimination based on legal activity outside work hours unless direct conflict with employer's essential business interests. Provides broader protection than federal NLRA Section 7 (which protects only concerted activity). The framework reaches activities like political activity, second jobs, hobbies, recreational use of legal substances at non-work times.
NDHRA SO/GI gap: NDHRA does NOT include sexual orientation or gender identity at state law level. Federal Title VII protects SO/GI through Bostock v. Clayton County (2020 SCOTUS) at 15+ employer workplaces. ND 1-14 employee workplaces (covered by NDHRA but not Title VII) face SO/GI protection gap. Enforcement: ND Department of Labor and Human Rights enforces NDHRA. Workers may file complaint within 300 days of alleged discriminatory act. Workers may pursue parallel federal claims under Title VII (Bostock-protected SO/GI), ADA, ADEA, GINA, PWFA where applicable. At-will employment doctrine: ND follows employment-at-will doctrine — either employer or worker may terminate the relationship at any time, with or without notice, with or without cause. Limited common-law exceptions: public policy violations (firing for jury duty, refusing illegal acts); breach of express or implied employment contract; breach of written personnel policy; implied covenant of good faith and fair dealing (limited application). Multi-state operators expanding to ND should configure: anti-discrimination compliance from 1 employee under NDHRA; SO/GI compliance via federal Title VII at 15+ employees; marital status protection (ND-distinctive); public assistance status protection (ND-distinctive); lawful off-duty activity protection (ND-distinctive); 300-day NDHRA filing window; at-will employment framework with documented exceptions.
Read the full North Dakota nd human rights act at 1+ employee + at-will guide →
07N.D.C.C. § 34-07 — minimum age 14 with employment certificates required
North Dakota's child labor framework under N.D.C.C. § 34-07 sets minimum working age at 14 (parallel to federal FLSA). Workers under 14 generally cannot be employed in non-agricultural occupations. Limited exceptions: parents/legal guardians; newspaper delivery; entertainment industry. Federal FLSA standards apply in parallel.
Employment certificates required for ages 14-15: ND requires Employment and Age Certificate from ND Department of Labor and Human Rights before workers under 16 can begin employment. Workers must obtain certificate confirming age and authorization to work. Certificate workflow processes through worker's school (guidance counselor or school administrator). Distinguishes ND from neighboring ID (no state certificate), MT (no state certificate) and aligns with MA, NY, NJ, CT, ME, VT employment certificate framework.
Hour restrictions ages 14-15: when school is in session — max 3 hours per school day, 8 hours on non-school day, 18 hours per school week, work hours between 7am and 7pm (extended to 9pm June 1 through Labor Day), no work during school hours. When school is not in session — max 8 hours per day, 40 hours per week. The framework parallels federal 29 CFR Part 570 standards.
Hour restrictions ages 16-17: ND does not impose state-specific hour restrictions for non-hazardous occupations (parallel to ID, federal FLSA). Workers 16-17 may work unrestricted hours in non-hazardous roles (subject to no-school-hour requirements during academic year for those still enrolled).
Federal hazardous occupation prohibitions (29 CFR Part 570) apply to under-18 workers: explosives manufacturing/storage; logging/sawmilling; power-driven woodworking machinery; mining; roofing; excavation; circular saws and similar machinery; mixing/processing dough in bakeries; meatpacking. Significant for ND oil/gas operations (workers under 18 prohibited from many oilfield roles), agricultural equipment industries (manufacturing of dangerous chemicals at agricultural chemical companies), construction (roofing, excavation in Williston Basin oil boom). Industry concentration: agriculture (wheat, soybeans, corn — large agricultural exemption from federal child labor for family-employed and limited under-12 operations); energy (Bakken oil/gas in Williston Basin — major employer with under-18 hazardous occupation restrictions); manufacturing (Bobcat agricultural equipment, food processing); healthcare (Sanford Health, Altru Health System); retail/hospitality. Multi-state operators expanding to ND should configure: child labor minimum age 14; Employment and Age Certificate workflow for ages 14-15; hour restrictions ages 14-15 with school session/vacation calendar; hazardous occupation prohibitions for under-18 (significant for ND oil/gas industry); industry-specific compliance especially energy and agriculture sector concentration.
Read the full North Dakota nd child labor + employment certificates guide →
08Multi-factor common law IC test; N.D.C.C. retail rest framework
North Dakota applies a multi-factor common law test for IC classification, similar to IRS framework under Rev. Rul. 87-41. Factors evaluated: behavioral control (instructions on how work is performed); financial control (method of payment, tools/equipment, opportunity for profit/loss); relationship type (written contracts, employee benefits, permanence of relationship, regular business of employer). Workers may be IC even when work is part of employer's regular business — provided control is properly limited.
Misclassification consequences: ND DLHR may pursue UI back-contributions plus penalties; North Dakota Workforce Safety and Insurance (WSI) may pursue workers' comp premium back-payment plus exposure for any injuries during misclassified period; federal IRS Form SS-8 reclassification with Section 3509 employment tax penalties; potential wage exposure under federal FLSA with 2× liquidated damages for willful violations.
Retail Sunday/24-hour rest under N.D.C.C. § 34-06-04: retail employers must allow workers to have at least 24 consecutive hours off from work in every 7-day period. Retail employers must also grant worker's request for time off to attend worship services once a week, unless: (a) it would cause substantial economic burden; OR (b) it would impose undue hardship. The framework distinguishes ND from most states without retail-specific rest requirements.
Drug-free workplace framework: N.D.C.C. § 34-01 — employers may implement drug-free workplace policies. Drug testing allowed under proper procedures. ND does not have comprehensive marijuana employment protections (medical marijuana legal under Measure 5 of 2016, but employer drug policies still apply). Recreational marijuana NOT legal in ND — Measure 5 (2022) and Measure 5 (2024) ballot initiatives both failed. ND remains medical-only state.
Limited state-specific worker protections: No state pay transparency law (no salary range disclosure requirement in job postings). No state pre-hire wage history inquiry ban. No state-mandated domestic violence leave. No state paid voting leave or jury duty leave (federal Jury Duty Antidiscrimination Act applies — employers cannot fire workers for jury service, but no pay required). No comprehensive whistleblower statute. Industry concentration: agriculture (wheat, soybeans, corn, sugar beets, dairy — large agricultural exemption from federal child labor and FLSA OT); energy (Bakken oil and gas in Williston Basin — major employer with significant safety and OT compliance focus); manufacturing (Bobcat agricultural equipment, food processing including Sun-Maid Growers, BNSF Railway operations); healthcare (Sanford Health, Altru Health System); retail/hospitality; military (Minot Air Force Base, Grand Forks Air Force Base — federal employer compliance frameworks). Multi-state operators expanding to ND should configure: multi-factor common law IC analysis; retail 24-hour weekly rest with worship service accommodation; drug-free workplace framework with medical marijuana awareness; voluntary salary range disclosure if desired; voluntary domestic violence leave if employer-provided; federal jury duty antiretaliation compliance; industry-specific compliance based on ND workforce focus.
Read the full North Dakota nd ic classification + 24-hour weekly rest guide →