North Dakota Employment Laws for Employers
Reviewed Sep 27, 2026 9 of 13 rules verified against official sources How we verify
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Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
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.”
Put it in writing with the termination letter template for North Dakota.
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
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)
Same official text as quoted above (see the quote; N.D. Cent. Code § 34-14-03 · ndlegis.gov).
“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.”
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Yes, with exceptionsVerified Sep 24, 2026 · 2 official sources
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.”
Wages, paydays and breaks
Minimum wage
What is the minimum wage?$7.25 per hourVerified Sep 27, 2026 · 2 official sources
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”
Paydays
How often do you have to pay?MonthlyVerified Sep 27, 2026 · 2 official sources
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.”
Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 27, 2026 · 2 official sources
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.”
Rest breaks
Do adult employees get paid rest breaks?No state ruleVerified Sep 27, 2026 · 2 official sources
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.”
Paid sick leave
Pending verification. Not verified for North Dakota yet, so no answer is shown. Each link opens the official source to check.
Ending employment
Service letter (reason for termination)
Do you have to give a written reason for the termination on request?No state requirementVerified Sep 24, 2026 · 2 official pages from the same agency
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.”
Same official text as quoted above (see the quote; North Dakota Department of Labor and Human Rights, Wage and Hour FAQ (ref. N.D.C.C. § 34-03-01) · nd.gov).
Separation notice
Do you have to give a separation notice when someone leaves?YesVerified Sep 24, 2026 · 2 official sources
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.”
North Dakota and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| North Dakota | Next regular payday | Next regular payday | $7.25 per hour | Pending verification. Official source (nd.gov). |
| Minnesota | 24 hours after request | First regular payday; if it is less than 5 calendar days away, the second payday, but no later than 20 calendar days | $11.41 per hour | Yes, statewide |
| South Dakota | Next regular payday | Next regular payday | $11.85 per hour | Pending verification. Official source (dlr.sd.gov). |
| Montana | Immediately (see rule) | Next payday or 15 days, whichever is sooner | $10.85 per hour | Pending verification. Official source (erd.dli.mt.gov). |
Verified rules only; open a state for its sources.
What an employee costs in North Dakota
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). North Dakota adds its unemployment insurance tax:
| North Dakota payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $46,600 |
| Rates for experience-rated employers | 0.07% to 9.67% |
| New-employer rate | 1.00% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,502 (8.8%) |
Of the $3,502, $400 is North Dakota unemployment insurance tax (1.00% on the first $40,000 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 4; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in North Dakota
In FY2021 to FY2025, the federal Wage and Hour Division concluded 105 cases in North Dakota (n = 105), 68 with violations, finding $677,033 in back wages owed to 425 employees and assessing $260,704 in civil money penalties (DOL enforcement data). Overtime back wages were part of 19.1% of the violation cases. OSHA opened 1,294 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
North Dakota has no OSHA-approved State Plan for private workplaces, so federal OSHA enforces workplace safety for private employers in North Dakota (OSHA: State Plans).
Changelog
- Sep 24, 2026: first verified, 9 rules.
Questions about North Dakota employment laws
What is the minimum wage in North Dakota?
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))
When is the final paycheck due after firing someone in North Dakota?
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)
Sources (11)
- North Dakota minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026)
- ND Minimum Wage & Work Conditions Summary poster (ND Department of Labor and Human Rights)
- North Dakota payday (U.S. DOL WHD, State Payday Requirements table row)
- ND Department of Labor and Human Rights, Wage and Hour FAQ
- ND Minimum Wage and Work Conditions Order (U.S. DOL WHD, Meal Period Requirements table)
- U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1
- N.D. Cent. Code § 34-14-03
- North Dakota Department of Labor and Human Rights, General FAQ
- N.D. Cent. Code § 52-06-35
- Job Service North Dakota, Employer's Handbook on the Unemployment Insurance Program (JSND 4036)
- U.S. Department of Labor: State labor offices
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error