At a glance
- Minimum wage: $7.25 an hour. The state rate matches the federal $7.25.
- Tipped cash wage: $4.86.
- Overtime: after 40 hours in a workweek.
- Final paycheck if fired: by the next regular payday.
- Paid sick leave: No. Paid family leave program: No.
What North Dakota employers need to know
North Dakota matches the federal $7.25 minimum wage and has light wage rules overall, but two of them catch out-of-state employers. A meal period is required on shifts over 5 hours when two or more employees are working, if the employee wants it. And earned vacation generally has to be paid at separation unless you disclosed specific forfeiture conditions in writing when the employee was hired.
North Dakota minimum wage
| Minimum wage | $7.25 The state rate matches the federal $7.25. |
|---|---|
| Tipped cash wage | $4.86 |
| Next change | None scheduled |
Pay the highest rate that applies where the employee works: federal, state, or local. For comparison, neighboring states pay Minnesota ($11.41), South Dakota ($11.85), Montana ($10.85). See every state side by side in our minimum wage by state table, and convert between hourly and annual pay with the salary to hourly calculator.
North Dakota overtime rules
The federal FLSA rule applies: overtime at 1.5 times the regular rate after 40 hours in a workweek. There is no daily overtime rule.
Exempt salary test: the federal minimum of $684 a week ($35,568 a year) applies. Duties tests apply too, so job titles alone don't make someone exempt.
Work out overtime owed with our overtime calculator, compare states in overtime laws by state, and check classification with our guide to exempt vs non-exempt employees.
North Dakota meal and rest break laws
Meal breaks: A 30-minute meal period on shifts over 5 hours when 2 or more employees are on duty, if the employee wants one.
Rest breaks: No state rest break law for adults. Under federal law, short breaks of 5 to 20 minutes that you choose to give must be paid.
Many states have stricter break rules for minors. Compare adult rules nationwide in break laws by state, and total up shifts with the time card calculator.
North Dakota final paycheck law
| If you fire or lay off the employee | By the next regular payday. |
|---|---|
| If the employee quits | By the next regular payday. |
| Unused vacation or PTO | Generally required. Limited exceptions apply only if you told employees in writing at hire, such as for employees with less than one year of service. |
Build the deadline into your offboarding checklist. Our offboarding guide covers the full process, the PTO payout calculator works out the amount, and the final paycheck laws by state table compares every state.
North Dakota paid sick leave and family leave
Paid sick leave: No statewide paid sick leave law. Check city and county rules, and federal contractor rules (Executive Order 13706) if they apply.
Paid family and medical leave: No state paid family leave program. The federal FMLA gives eligible employees of employers with 50 or more employees up to 12 weeks of unpaid, job-protected leave.
Federal FMLA: employers with 50 or more employees within 75 miles must also give eligible employees up to 12 weeks of unpaid, job-protected leave. Read our FMLA guide, and compare states in paid leave laws by state.
Hiring, pay transparency, and payroll setup
Pay transparency: No statewide pay transparency law requiring pay ranges in job postings.
New hire reporting: Report each new hire within 20 days of the hire date, the federal deadline.
State income tax withholding: Yes. Register with the state tax agency before the first payroll.
Our pay transparency laws guide explains posting rules in more depth, and our job description templates include pay data for 50 common roles.
What trips up North Dakota employers
- Earned PTO is generally paid at separation unless your written policy set conditions at hire.
- Meal periods are required on longer shifts when two or more employees are on duty.
- The oil field labor market means real wages run far above the state minimum in western counties.
Sources and the agency to contact
- North Dakota Department of Labor and Human Rights (state labor agency)
- US Department of Labor: state minimum wage laws
- US Department of Labor: minimum wages for tipped employees by state
- US Department of Labor: state meal period requirements
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
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<a href="https://www.hrtally.com/state-labor-laws/north-dakota/">North Dakota labor laws for employers (2026)</a> (source: HRTally)
Suggested citation: HRTally Research Team. "North Dakota labor laws for employers (2026)." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/north-dakota/
Frequently asked questions
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Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.