North Dakota Labor Laws

As of 2022, North Dakota’s state minimum wage rate is $7.25 per hour

Tip minimum wage North Dakota’s minimum wage for tipped employees is $4.86.

North Dakota law requires employers to pay non-exempt employees an overtime rate of 1 ½  their regular rate for all hours worked in a workweek in excess of 40.

A minimum 30-minute meal period must be provided in shifts exceeding five hours when there are two or more employees on duty. 

  • Employees may waive their right to a meal period upon agreement with the employer.
  • Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is at least thirty minutes in length.
  • Employees are not completely relieved if they are required to perform any duties during the meal period. 
  • Other breaks (such as 15 minute “coffee” breaks) are not required by law, but must be paid breaks if they are offered by the employer

Currently, North Dakota does not have any laws in place addressing this issue. 

Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies  in their employee handbook if they choose to implement one.

However, the recently passed Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

The number of hours of paid sick time to which an employee is entitled shall be as follows:

  1. For full-time employees, 80 hours.
  2. For part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a 2-week period.

Paid sick time is calculated based on the employee’s required compensation and shall not be less than the greater of the following:

  1. The employee’s regular rate of pay
  2. The minimum wage rate in effect
  3. The minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed.

Employment Law Firms

Wilking Law Firm


Wilking Law Firm protects the rights of employees in the workplace, as well as the holders of professional licenses. Learn how attorney Leo Wilking uses more than 35 years of experience to find solutions to thorny issues for clients in the Fargo area and beyond.