North Dakota employment rules for employers

North Dakota minimum wage is $7.25 per hour. (North Dakota minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026))

“North Dakota Basic Minimum Rate (per hour): $7.25”

“$7.25 per hour on”

dol.gov · nd.gov

Employers must pay at least once each calendar month on regular paydays designated in advance. (North Dakota payday (U.S. DOL WHD, State Payday Requirements table row))

“North Dakota X”

“Employers must pay employees at least once each calendar month, on the regular payday(s) designated in advance by the employer.”

dol.gov · nd.gov

A ½ hour (30-minute) meal period on each shift exceeding 5 hours when 2 or more employees are on duty; unpaid if completely relieved of duties; employees may waive it by agreement. (ND Minimum Wage and Work Conditions Order (U.S. DOL WHD, Meal Period Requirements table))

“North Dakota ½ hour, if desired, on each shift exceeding 5 hours.”

“A minimum 30-minute break must be provided in each shift exceeding 5 hours when 2 or more employees are on duty.”

dol.gov · nd.gov

No state rest break requirement; 15-minute mid-shift breaks are not required, but must be paid if provided. (U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1)

“States not listed do not require paid rest periods.”

“Other breaks, such as 15-minute mid-shift breaks, are not required. However, if provided, the employer must compensate the employee during the breaks.”

dol.gov · nd.gov

When an employee is discharged, unpaid wages are due on the next regular payday established in advance by the employer. Unless the parties agreed otherwise, the employer must send them by certified mail to an address the employee designates. (N.D. Cent. Code § 34-14-03)

“Whenever an employee is discharged or terminated from employment by an employer, separates from employment voluntarily, or is suspended from work as the result of an industrial dispute, the employee's unpaid wages or compensation becomes due and payable at the regular paydays established in advance by the employer for the periods worked by the employee.”

“When an employee separates from employment for any reason, unpaid wages become due and payable on the next regularly scheduled payday(s) established in advance, by the employer, for the period(s) worked by the employee. If an employee has been terminated, the employer shall pay those wages to the employee as agreed upon by both parties. If an agreement is not in place, the employer must pay the employee by certified mail at an address designated by the employee.”

ndlegis.gov · nd.gov

When an employee quits, unpaid wages are due on the next regular payday established in advance by the employer for the periods worked. (N.D. Cent. Code § 34-14-03)

“Whenever an employee is discharged or terminated from employment by an employer, separates from employment voluntarily, or is suspended from work as the result of an industrial dispute, the employee's unpaid wages or compensation becomes due and payable at the regular paydays established in advance by the employer for the periods worked by the employee.”

“When an employee separates from employment for any reason, unpaid wages become due and payable on the next regularly scheduled payday(s) established in advance, by the employer, for the period(s) worked by the employee.”

ndlegis.gov · nd.gov

In North Dakota, once paid time off is made available, unused PTO is generally considered wages at separation. A private employer may withhold it only on a voluntary quit if it gave written notice of the limitation at hiring, the employee worked there less than one year, and the employee gave less than five days' notice; or for PTO awarded but not yet earned, if the employer gave written notice of that limitation before awarding it. (N.D. Dept. of Labor and Human Rights, Wage and Hour FAQ (N.D. Admin. Code § 46-02-07-10; N.D.C.C. § 34-14-09.2))

“Limitation 1: If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if the following three conditions are all met: a. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; b. The employee has been employed by the employer for less than one year; and c. The employee gave the employer less than five days’ written or verbal notice.”

“1. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if: a. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off; b. The employee has been employed by the employer for less than one year; and c. The employee gave the employer less than five days' written or verbal notice.”

nd.gov · ndlegis.gov

In most cases a North Dakota employer can terminate an employee without notice or giving a reason; no service letter requirement is described by the Department of Labor. (North Dakota Department of Labor and Human Rights, General FAQ)

“Can an employer terminate an employee without notice or giving me a reason? Yes, in most cases.”

“Can an employer terminate an employee without notice or giving me a reason? Yes, in most cases.”

nd.gov · nd.gov

North Dakota employers must post and maintain printed statements about unemployment benefit rights and claims (the Job Service North Dakota poster). The statute also requires employers to supply employees copies of such materials when and as Job Service prescribes by regulation; the Job Service employer handbook describes only the posting requirement. (N.D. Cent. Code § 52-06-35)

“Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of the North Dakota unemployment compensation law as the bureau may prescribe by regulation.”

“Liable employers are required by law to post and maintain in a conspicuous place in their business establishment printed notices to their employees, informing employees that the employer is liable for contributions under the North Dakota Unemployment Compensation Law.”

ndlegis.gov · apps.nd.gov