North Dakota Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
North Dakota employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for North Dakota
- Minimum wage
- $7.25 per hour, the same as the federal minimum wage. No scheduled increase has been announced. ND Minimum Wage & Work Conditions Order (N.D. Admin. Code ch. 46-02-07)
- Final paycheck if fired or laid off
- Final wages are due on the next regular payday for the period worked. When the employer ends the job, it must pay by certified mail to an address the employee gives, unless the two sides agree on another method. N.D.C.C. § 34-14-03
- Meal and rest breaks
- A 30-minute meal break is required in each shift longer than 5 hours when two or more employees are on duty. It can be unpaid only if the employee is fully relieved of duties. N.D. Admin. Code § 46-02-07-02(5)
- Unused vacation / PTO payout
- Yes, in most cases. Once paid time off is available to use, unused PTO counts as wages and must be paid at separation. N.D.C.C. § 34-14-09.2; N.D. Admin. Code § 46-02-07-02(12)
Last verified: 2026-10-26
Pay
| Minimum wage | $7.25 per hour, the same as the federal minimum wage. No scheduled increase has been announced. North Dakota cities and counties do not post separate local minimum wages on the state labor department site; federal law also applies to most employers. |
|---|---|
| Tipped minimum wage | Employers may take a tip credit of 33% of the minimum wage, so the lowest cash wage for a tipped employee is $4.86 per hour. A tipped employee is a service employee who receives more than $30 a month in tips. Tips and cash wage together must reach the full minimum wage, the employer must tell the employee in advance that it is using the tip credit, and tips belong to the employee. Tip pooling is allowed only among tipped employees and only if approved by a vote of more than half of them. Source: N.D. Admin. Code § 46-02-07-03 |
| Overtime | Time and one-half the regular rate for hours over 40 in a workweek. There is no daily overtime. Overtime is figured week by week; paid holidays, PTO and sick leave do not count as hours worked. Comp time instead of overtime pay is not allowed in private employment. |
| How often you must be paid | At least once each calendar month, on regular paydays the employer sets in advance. Source: N.D.C.C. § 34-14-02 |
| Pay stubs | Required each pay period. The stub must show hours worked, rate of pay, required state and federal deductions, and any authorized deductions. Source: N.D. Admin. Code ch. 46-02-07 |
Breaks and leave
| Meal and rest breaks | A 30-minute meal break is required in each shift longer than 5 hours when two or more employees are on duty. It can be unpaid only if the employee is fully relieved of duties. The employee may waive the break by agreement with the employer. Short rest breaks are not required, but if the employer gives them they must be paid. |
|---|---|
| Paid sick leave | No statewide paid sick leave law for private employers. If an employer offers sick leave, it is treated as PTO (and paid out at separation) only when it is combined with vacation in one balance; a separate sick leave balance is not PTO. |
Leaving a job
| Final paycheck if fired or laid off | Final wages are due on the next regular payday for the period worked. When the employer ends the job, it must pay by certified mail to an address the employee gives, unless the two sides agree on another method. Source: N.D.C.C. § 34-14-03 |
|---|---|
| Final paycheck if you quit | Final wages are due on the next regular payday for the period worked. Source: N.D.C.C. § 34-14-03 |
| Unused vacation / PTO payout | Yes, in most cases. Once paid time off is available to use, unused PTO counts as wages and must be paid at separation. Two exceptions: (1) if the employee quits, the employer may withhold it when the employer gave written notice of this limit at hire, the employee worked there less than one year, and the employee gave less than five days' notice; (2) PTO that was awarded but not yet earned may be withheld if the employer gave written notice in advance. 'Use it or lose it' policies are allowed with notice and a fair chance to use the time. |
| Unemployment benefits | Job Service North Dakota runs unemployment insurance. Apply and certify weekly online through its Unemployment Insurance Internet Claims Entry system, or call 701-328-1680 for help. Source: Job Service North Dakota |
Firing, retaliation and discrimination
| At-will employment and exceptions | Employment with no set term is at will: either side may end it with notice, and no minimum notice period (such as two weeks) is required. A contract for a set term overrides at-will status. State law also bars firing for discrimination and for protected whistleblowing. |
|---|---|
| Whistleblower and retaliation protection | Employers may not fire, discipline, threaten or penalize an employee who in good faith reports a suspected violation of law to the employer, a government body or law enforcement; who is asked to take part in a public investigation or hearing; or who refuses an order the employee objectively believes is illegal (and says so). The employee may sue within 180 days for reinstatement, back pay (up to two years), benefits and attorney's fees. Complaints can also be filed with the Department of Labor and Human Rights. Source: N.D.C.C. § 34-01-20 |
| Job discrimination complaints | North Dakota Department of Labor and Human Rights. The state law covers employers with one or more employees. A charge must be filed no later than 300 days after the most recent discriminatory act. |
| Non-compete agreements | Non-compete agreements are void in North Dakota. A contract that keeps anyone from practicing a lawful profession, trade or business is void to that extent. The only exceptions are a seller of a business's goodwill and owners/partners when a business dissolves or an owner leaves, who may agree not to compete within a reasonable area and time. Source: N.D.C.C. § 9-08-06 |
Where to get help in North Dakota
Employment Law FAQ
What is the minimum wage in North Dakota?
$7.25 per hour, the same as the federal minimum wage. No scheduled increase has been announced.
What is the tipped minimum wage in North Dakota?
Employers may take a tip credit of 33% of the minimum wage, so the lowest cash wage for a tipped employee is $4.86 per hour. A tipped employee is a service employee who receives more than $30 a month in tips. Tips and cash wage together must reach the full minimum wage, the employer must tell the employee in advance that it is using the tip credit, and tips belong to the employee. Tip pooling is allowed only among tipped employees and only if approved by a vote of more than half of them.
What are the overtime rules in North Dakota?
Time and one-half the regular rate for hours over 40 in a workweek. There is no daily overtime. Overtime is figured week by week; paid holidays, PTO and sick leave do not count as hours worked. Comp time instead of overtime pay is not allowed in private employment.
Are breaks required by law in North Dakota?
A 30-minute meal break is required in each shift longer than 5 hours when two or more employees are on duty. It can be unpaid only if the employee is fully relieved of duties. The employee may waive the break by agreement with the employer. Short rest breaks are not required, but if the employer gives them they must be paid.
When do I get my final paycheck if I'm fired in North Dakota?
Final wages are due on the next regular payday for the period worked. When the employer ends the job, it must pay by certified mail to an address the employee gives, unless the two sides agree on another method.
When do I get my final paycheck if I quit in North Dakota?
Final wages are due on the next regular payday for the period worked.
Does an employer have to pay out unused PTO in North Dakota?
Yes, in most cases. Once paid time off is available to use, unused PTO counts as wages and must be paid at separation. Two exceptions: (1) if the employee quits, the employer may withhold it when the employer gave written notice of this limit at hire, the employee worked there less than one year, and the employee gave less than five days' notice; (2) PTO that was awarded but not yet earned may be withheld if the employer gave written notice in advance. 'Use it or lose it' policies are allowed with notice and a fair chance to use the time.
How often must employees be paid in North Dakota?
At least once each calendar month, on regular paydays the employer sets in advance.
Do employers have to give pay stubs in North Dakota?
Required each pay period. The stub must show hours worked, rate of pay, required state and federal deductions, and any authorized deductions.
Is paid sick leave required in North Dakota?
No statewide paid sick leave law for private employers. If an employer offers sick leave, it is treated as PTO (and paid out at separation) only when it is combined with vacation in one balance; a separate sick leave balance is not PTO.
Is North Dakota an at-will employment state?
Employment with no set term is at will: either side may end it with notice, and no minimum notice period (such as two weeks) is required. A contract for a set term overrides at-will status. State law also bars firing for discrimination and for protected whistleblowing.
Is it illegal to fire someone for reporting a violation in North Dakota?
Employers may not fire, discipline, threaten or penalize an employee who in good faith reports a suspected violation of law to the employer, a government body or law enforcement; who is asked to take part in a public investigation or hearing; or who refuses an order the employee objectively believes is illegal (and says so). The employee may sue within 180 days for reinstatement, back pay (up to two years), benefits and attorney's fees. Complaints can also be filed with the Department of Labor and Human Rights.
Where do I file a job discrimination complaint in North Dakota?
North Dakota Department of Labor and Human Rights. The state law covers employers with one or more employees. A charge must be filed no later than 300 days after the most recent discriminatory act.
Are non-compete agreements enforceable in North Dakota?
Non-compete agreements are void in North Dakota. A contract that keeps anyone from practicing a lawful profession, trade or business is void to that extent. The only exceptions are a seller of a business's goodwill and owners/partners when a business dissolves or an owner leaves, who may agree not to compete within a reasonable area and time.
How do I apply for unemployment in North Dakota?
Job Service North Dakota runs unemployment insurance. Apply and certify weekly online through its Unemployment Insurance Internet Claims Entry system, or call 701-328-1680 for help.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.