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North Dakota Labor Laws 2025

North Dakota labor law largely follows federal standards with meal break requirements for shifts over 5 hours (when 2+ employees on duty), the federal minimum wage, and Right to Work protections.

Note: North Dakota follows the federal minimum wage of $7.25/hour. The state requires 30-minute meal breaks for shifts over 5 hours when 2 or more employees are on duty.

Minimum Wage

North Dakota follows the federal minimum wage with no state minimum wage law above federal levels.

Key Requirements

  • State minimum wage: $7.25 per hour (same as federal minimum)
  • Tipped employees: $4.86/hour minimum cash wage (67% of minimum wage)
  • Applies to all employers regardless of size
  • Most employers are covered by federal FLSA
  • No scheduled increases beyond federal changes

Additional Resources

Overtime

North Dakota follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws beyond federal requirements
  • Workweek is seven consecutive 24-hour periods

Additional Resources

Meal and Rest Breaks

North Dakota requires meal breaks for employees working certain shifts.

Key Requirements

  • Meal break: 30-minute break for shifts over 5 hours when 2+ employees on duty
  • Not required if only one employee is on duty
  • Employees must be completely relieved of duties during unpaid meal breaks
  • No state law requiring paid rest breaks
  • If breaks are voluntarily provided, short breaks must be paid

Additional Resources

Payment of Wages

North Dakota has specific requirements for wage payment frequency and timing.

Key Requirements

  • Employees must be paid at least once per month
  • Payment must be made on regular paydays designated by employer
  • Final wages: Must be paid by next regular payday
  • Certain wage deductions require written authorization
  • Direct deposit allowed with employee written authorization

Additional Resources

Child Labor

North Dakota has comprehensive restrictions on youth employment.

Key Requirements

  • Work permits required for minors under 16
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: No hour restrictions but hazardous occupation restrictions apply
  • Federal child labor laws also apply

Additional Resources

Right to Work

North Dakota is a "Right to Work" state.

Key Requirements

  • Employees cannot be required to join a union as a condition of employment
  • Employers cannot require union dues or fees as a condition of employment
  • Protected by North Dakota Century Code Chapter 34-01
  • Does not prohibit unions or collective bargaining
  • Workers have freedom to choose whether to join or support a union

Additional Resources

Unique Meal Break Requirement

North Dakota's meal break law has a unique exception:

  • When required: 30-minute break for shifts over 5 hours when 2 or more employees are on duty
  • Exception: Not required if only one employee is working at the time
  • This exception recognizes practical challenges for solo employees who may need to remain available

Federal Laws Apply

Since North Dakota has minimal state-specific labor laws, employers must focus on federal compliance:

FLSA

Fair Labor Standards Act governs minimum wage, overtime, recordkeeping, and youth employment.

FMLA

Family and Medical Leave Act provides job-protected leave for eligible employees.

ADA

Americans with Disabilities Act prohibits discrimination and requires reasonable accommodations.

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

North Dakota Right to Work

North Dakota is a Right to Work state:

  • Protected by North Dakota Century Code Chapter 34-01
  • Workers cannot be compelled to join a union or pay union dues
  • Union security agreements are prohibited

Monthly Pay Frequency

North Dakota allows less frequent pay periods than most states:

Employees must be paid at least once per month. This is less frequent than many states that require semi-monthly or more frequent payments, giving employers more flexibility in payroll scheduling.

Ensure Federal Labor Compliance

Rightwork ensures your schedules comply with all federal labor laws and enforces North Dakota's meal break requirements based on staffing levels.

Learn More About Rightwork