North Dakota's wage rules come from the North Dakota Century Code and the state's Minimum Wage and Work Conditions Order, enforced by the Department of Labor and Human Rights. The table summarizes the main rules for private employers.
EZTime labor rule alerts flag overtime and missed rest periods before payroll.
| Topic | Rule |
|---|---|
| Minimum wage | $7.25 per hour, unchanged since July 24, 2009 (NDCC 34-06-22) |
| Tipped employees | $4.86 per hour direct wage with a 33% tip credit (N.D. Admin. Code 46-02-07) |
| Overtime | Time and a half over 40 hours in a workweek; no daily overtime for most employers |
| Meal break | 30 minutes on shifts over 5 hours when two or more employees are on duty |
| Rest breaks | Not required, but breaks the employer chooses to give must be paid |
| Payday | At least once each calendar month (NDCC 34-14-02) |
| Final pay | Next regular payday; by certified mail when the employer ends the job |
| Pay stubs | Required every pay period |
| Minors | Work certificates and hour limits for ages 14-15 (Youth Employment) |
North Dakota's minimum wage is $7.25 per hour, the rate set by NDCC 34-06-22 effective July 24, 2009. It matches the federal minimum, and the state has not announced any change for 2027. North Dakota has no general training wage.
A tipped employee is a service employee who customarily receives more than $30 a month in tips. Employers may take a tip credit of up to 33% of the minimum wage, which means the direct cash wage must be at least $4.86 per hour. To use the credit, you must tell employees in advance and keep written records showing that direct wages plus tips equal at least the full minimum wage. Under the Minimum Wage and Work Conditions Order, only tipped employees may take part in a tip pool, and a pool must be approved by at least 50% plus one of the tipped employees, with a written record of the vote.
The Department may license subminimum wages for vocational students (no less than 85% of the minimum wage) and for workers with disabilities, each for up to one year. Student trainees are exempt only if they meet all six criteria listed in the order. Room and board may count toward wages up to $18 a day if the employee agrees in writing and accepts voluntarily. Required uniforms may be charged to employees only if the cost does not reduce pay below minimum wage for the pay period.
Non-exempt employees earn one and a half times their regular rate for hours over 40 in a workweek. Overtime is calculated week by week, no matter how long the pay period is, and hours cannot be averaged across weeks. Only hours actually worked count, so paid holidays, paid time off and sick leave are not included. Hours worked in different jobs for the same employer are added together.
A few special rules apply:
The order lists overtime exemptions that largely track federal law, including executive, administrative and professional employees, agricultural workers, outside salespeople, certain commissioned salespeople, computer professionals paid at least $27.63 an hour, and highly compensated employees. Salary alone does not make someone exempt; the duties performed most of the time decide it. See our FLSA overtime guide and the overtime calculator.
North Dakota requires a meal period of at least 30 minutes on each shift longer than five hours, but only when two or more employees are on duty. The employee may waive the meal period by agreement with the employer. The break may be unpaid only if the employee is completely relieved of all duties. A collective bargaining agreement takes precedence over this rule.
Rest breaks and coffee breaks are not required. According to the Department's wage and hour FAQ, if an employer does provide other breaks, they must be paid.
The North Dakota Department of Labor and Human Rights pages reviewed for this guide do not set any paid sick leave requirement for private employers, and the Minimum Wage and Work Conditions Order contains no sick leave mandate. For any specific question about required leave, check with the Department. The federal Family and Medical Leave Act may apply to your business.
North Dakota does regulate how earned paid time off is handled when someone leaves. Unused PTO that has been earned is generally owed at separation. A private employer may withhold it only in two situations: (1) the employee quits voluntarily, was employed less than one year, gave less than five days' notice, and was told of this limit in writing at hire; or (2) the time was awarded but not yet earned, and the employee received written notice of that limit before the award. The PTO accrual calculator helps you track earned balances.
Under NDCC 34-14-02, employers must pay wages at least once each calendar month on regular paydays designated in advance. Wages may be paid in cash, by check, by direct deposit to the employee's chosen institution, or by stored value card if the employee elects it.
Final pay. When an employee is discharged, quits or is otherwise separated, unpaid wages are due on the next regularly scheduled payday for the period worked. If the employer ends the job and there is no other agreement, the final check must be sent by certified mail to an address the employee designates. Late payment can lead to added wages for each day of default, for up to 30 days. Employees can file a wage claim with the Department.
Pay stubs. Every pay period, employers must provide a check stub or pay voucher showing hours worked, rate of pay, and required and authorized deductions. Electronic stubs are acceptable if employees can access and print them.
North Dakota requires an Employment and Age Certificate for workers aged 14 and 15. The certificate must be completed for each new job, and the original goes to the Department; it is not valid until the Department receives it. The Youth Employment page sets these limits for 14- and 15-year-olds:
State youth employment law sets no hour restrictions for workers 16 and older. Federal law still bars some work for everyone under 18, including roofing, most driving and most jobs using power-driven machinery.
NDCC chapter 34-06 requires employers to keep a register of employees and make payroll records available to the Department for inspection, and tip credit, tip pool and subminimum wage records must be maintained. The state pages reviewed do not state a specific retention period, so check with the Department for guidance. The required employer posters page lists the North Dakota Minimum Wage and Work Conditions Summary (English and Spanish), the Job Service North Dakota unemployment insurance poster, the WSI Certificate of Premium Payment, and the federal FLSA, FMLA, polygraph, OSHA and EEO posters. Use the time card calculator to check weekly totals.
EZTime gives North Dakota teams one place to track hours and stay on top of the rules above. Employees clock in with the GPS mobile time clock and geofencing, NFC tags, a shared tablet kiosk, or biometric clocks. Managers build schedules with shift templates and approve shift swaps in the scheduling software, get overtime and break alerts before a problem shows up on a paycheck, and track PTO and sick-leave balances. At the end of each period, payroll-ready Excel and PDF exports work with any payroll software. Plans start from $2 per employee per month, with a 14-day trial; see pricing.
This guide is general information, not legal advice. Laws change; check the North Dakota Department of Labor and Human Rights or an employment attorney. Last reviewed November 2026.
North Dakota’s minimum wage is $7.25 per hour, in effect since July 24, 2009. The state has no training wage and no announced 2027 increase.
Yes, a 30-minute meal period is required on each shift over five hours when two or more employees are on duty. The employee may waive it by agreement, and it may be unpaid only if the employee is fully relieved of duties.
Generally yes, earned PTO is owed at separation. Limited exceptions apply for short-tenure employees who quit with less than five days’ notice, and for awarded but unearned time, if written notice was given.
Unpaid wages are due on the next regularly scheduled payday. If the employer ended the job, the check must be sent by certified mail to an address the employee designates unless they agree otherwise.
Yes. Workers aged 14 and 15 need an Employment and Age Certificate for each job, and it is not valid until the Department of Labor and Human Rights receives it.