The North Dakota
Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

$7.25 per hour for most employees (as of 2024)

As of September 2024, North Dakota does not have a state-set minimum wage and follows the federal minimum wage. Although cities like Fargo, Bismarck, and Grand Forks have had talks and movements for higher wages in their cities, the current minimum wage has remained the same.

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$4.86 per hour for most tipped employees (as of 2024)

Most North Dakota employers follow the federal Fair Labor Standards Act (FLSA), which requires non-exempt employees to receive paid time and a half for every hour worked over 40 hours within a workweek.

North Dakota wage and hour laws generally require employers to provide nonexempt employees who work a shift exceeding 5 hours with a 30-minute meal break when two or more employees are on duty. 

The meal period may be unpaid if it is at least 30 minutes and the employee is completely relieved of all duties. An employer is generally not required to provide any other breaks. However, if they do, the breaks must be paid if they are less than thirty minutes.

Retail employers must also allow employees to take at least 24 consecutive hours off every seven days.

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Vacation leave
North Dakota does not require employers to provide paid time off to their employees. 

Paid Sick Leave
North Dakota has no state laws requiring private employers to provide paid or unpaid sick leave.

Holidays
North Dakota has no state laws requiring private employers to provide paid or unpaid holiday leave.

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The minimum age to work in North Dakota is 14 years old, but there are restrictions for minors 14-15. Minors must get a working certificate before starting each new job. 

Minors aged 14-15 are limited to working 7 AM-7 PM during the school year and 7 AM-9 PM during the summer. 

• They can work up to 3 hours per day and 18 hours per week when school is in session. 

• They can work up to 8 hours per day and 40 hours per week when school is in session.

They cannot work certain jobs, including power-driven machinery, construction, and driving. 

While North Dakota state child labor laws don’t currently restrict those who are 16 years old and older, federal law does apply to those cases. 

In North Dakota, babysitting is only considered official employment if it involves more than 20 hours of work for three consecutive weeks.

Hiring
The North Dakota Department of Labor and Human Rights prohibits hiring discrimination based on the following characteristics:

• Race

• Color

• Religion

• Sex

• National origin

• Age

• Disability

• Genetic information

Employers can do background checks but must follow the Fair Credit Reporting Act (FCRA). 

Firing
North Dakota employers have the right to terminate employees at will for nearly any reason and no reason at all provided the reason is not unlawful.