Like federal law, North Dakota law requires that employees be paid one and a half times their regular rate of pay for all hours worked in a given week over 40. The following employees are not covered by this law:
In addition, anyone exempt from North Dakota's minimum wage law (see #2) is also exempt from the state's overtime law. The following employees exempt under federal law are non-exempt and covered under North Dakota law:
North Dakota has a minimum wage of $7.25 per hour, which is identical to the federal minimum wage.
The minimum wage must be paid to all employees in every occupation in the state, with the following exceptions:
Anyone who is not covered under the federal minimum wage law and who is not in this list is covered under North Dakota's minimum wage. This includes:
If an employee makes tips, an employer may credit those tips toward the minimum wage, but the tip credit may not exceed 33% of the minimum wage ($2.40). The employer must inform the employee in advance that (s)he is doing this and must maintain written records.
If the employer and employee agree in writing, the employer may count up to $18 per day against the minimum wage for the reasonable cost of board, lodging, and other facilities the employer furnishes the employee. The employee must voluntarily agree to this.
An employer may require an employee to purchase a uniform as long as this does not bring the employee's wages below the minimum wage for all hours worked during the relevant period.
The state Labor Commissioner has the authority to permit employers to pay students in vocational programs and disabled individuals below the minimum wage.
Unlike federal law, North Dakota does provide for a meal period. A minimum thirty-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty. However, employees may waive their right to a meal period by making an agreement with their employers. If an employee is completely relieved of her/his duties during the meal period, the employer does not have to pay for that time. If there is a collective bargaining agreement, that will trump this provision.
A detailed description of the wage claim process can be found at http://www.nd.gov/labor/wage/wage.html. The process requires first that you speak with your employer about the wages you believe (s)he owes you, and, if that is unsuccessful, that you write a letter demanding the wages you are owed. If that does not work, you can file a wage claim with the North Dakota Labor Commissioner. The wage claim form can be found at http://www.nd.gov/labor/forms/. In order to help you enforce your wage claim, the North Dakota Department of Labor can hold hearings to help resolve the issue; if those hearings are unsuccessful, the Department can initiate a court case on your behalf. In addition to receiving your back wages and interest, you may be entitled to double or triple that amount if this is not your employer's first violation.
Do not delay in contacting the North Dakota Department of Labor to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. As there is a two-year statue of limitations on all wage claim cases in North Dakota, if you do not file your wage claim within two years, and give the Department sufficient time to investigate the claim, the Department will not be able to help you. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim if possible. It is not necessary to have an attorney, however, to file a wage claim with the North Dakota Department of Labor.
Under North Dakota state law, an employee has an implied right to bypass the administrative system described above and bring a lawsuit her/himself. The same statute of limitations applies (2 years).
State Labor Agency
North Dakota Department of Labor
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
1-800-582-8032 (in-state toll free)
TTY: 1-800-366-6888 or 1-800-366-6889
Fax: (701) 328-2031
You can visit the Department in person as well:
State Capitol, 13th Floor
Bismarck, North Dakota
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2018 Workplace Fairness