North Dakota Payroll Laws (2023 Guide For Employers)

This article will answer the following questions about North Dakota payroll laws:

• What is the North Dakota minimum wage?
• How does sick leave work in North Dakota?
• What are the overtime pay regulations in North Dakota?
• Are employees paid for jury duty leave in North Dakota?
• What protections do employees have in North Dakota?

With access to the right information, employees and employers in North Dakota can navigate the complexities of labor laws with ease.

Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on North Dakota payroll laws.

Employment Laws in North Dakota

North Dakota Minimum Wage

The minimum wage in North Dakota is currently set at $7.25 per hour, the same as the federal minimum wage.

North Dakota employers must ensure that all employees receive at least this wage rate, with the exception of tipped employees who may receive a lower direct wage.

However, if an employee’s wages, including tips, do not meet the minimum wage, the employer is required to make up the difference.

North Dakota Overtime Laws

North Dakota labor laws stipulate that employees must receive overtime pay for hours worked in excess of 40 hours in a workweek.

The overtime rate is one and one-half times the employee’s regular rate of pay.

There are exemptions to North Dakota overtime laws for certain professions, such as independent contractors and some salaried employees.

Time Off & Leave Laws in North Dakota

Time off and leave laws in North Dakota encompass various types of leave, including paid time off (PTO), sick leave, and jury duty leave.

Paid Time Off (PTO)

North Dakota does not have a state law requiring employers to provide PTO. However, employers may offer it voluntarily or as part of an employment contract.

Sick Leave

North Dakota does not have a specific sick leave law. Employers may choose to offer sick leave as part of their benefits package.

Jury Duty Leave

There are no North Dakota labor laws that require employers to provide jury duty leave with sick leave benefits. Employees must be allowed time off for jury duty without the fear of losing their job.

Family & Medical Leave Act (FMLA)

North Dakota employers with 50 or more employees must comply with the federal Family and Medical Leave Act, which provides up to 12 weeks of unpaid, job-protected leave for eligible employees.

Meal Breaks & Rest Periods

North Dakota labor laws do not specifically require meal breaks or rest periods for employees.

However, federal law under the Fair Labor Standards Act (FLSA) requires employers to provide a meal break of at least 30 minutes for employees who work more than six consecutive hours.

Employers may choose to offer additional breaks at their discretion.

Pay Periods & Regular Paydays

North Dakota labor laws require that employers establish and maintain regular paydays, with pay periods occurring at least once per month.

North Dakota Final Paycheck

When an employee’s employment is terminated, North Dakota labor laws require employers to provide the final paycheck within the next regular payday or within 15 days, whichever occurs first.

Child Labor & Employment Law in North Dakota

North Dakota labor laws regulate the employment of minors under the age of 18.

Employers must ensure that they comply with state and federal child labor laws, including restrictions on the number of hours and the types of work that minors can perform.

Employers must obtain work permits for minors before allowing them to begin work.

North Dakota Labor Laws & Human Rights

North Dakota labor laws also cover human rights, such as discrimination based on race, national origin, sex, age, or mental disability.

Employers must ensure that their workplace complies with these laws, and employees should be aware of their rights.

Union Requirements & Right to Work Laws in North Dakota

In North Dakota, the Right to Work law prohibits employers from requiring employees to join a union as a condition of employment.

This means that employees have the freedom to choose whether or not to join a union, and employers cannot discriminate against employees based on their union membership status.

To establish a union in North Dakota, a majority of employees in a particular workplace must express their desire to form a union through a signed petition or by voting in a secret ballot election.

Once the union is formed, it can negotiate with the employer on behalf of its members for better wages, benefits, and working conditions.

Work Hours & Scheduling in North Dakota

North Dakota does not have specific work hour restrictions for adult employees.

However, employees are generally allowed to work as many hours as they and their employers agree upon, as long as overtime laws are followed.

As for working double shifts, North Dakota does not have specific regulations prohibiting this practice.

However, employers should ensure that employees are compensated appropriately for any overtime hours worked.

Deductions & Wage Claims

North Dakota employers are permitted to make certain deductions from an employee’s wages, such as those required by law or authorized by the employee.

Unauthorized deductions, such as for damaged equipment or cash shortages, are generally not allowed.

If an employee believes they are owed unpaid wages, they can file a wage claim with the North Dakota Department of Labor.

The Department will then investigate the claim and, if necessary, enforce the payment of any unpaid wages.

Meal Period & Work Scheduling

While North Dakota does not have specific meal period regulations, it is essential for employers to adhere to federal guidelines under the Fair Labor Standards Act (FLSA) regarding meal breaks.

The FLSA mandates that employers provide a meal break of at least 30 minutes for employees working more than six consecutive hours.

Work scheduling in North Dakota is generally left to the discretion of employers and employees, as long as they abide by overtime and child labor laws.

Employers should ensure they create fair and reasonable schedules that allow employees enough time to rest and maintain a healthy work life balance.

North Dakota Payroll Laws (Closing Thoughts)

We hope this guide has provided you with some useful insights into North Dakota payroll laws. With a solid understanding of minimum wage, hour laws, overtime pay, and other labor law requirements, employers can avoid legal headaches and pour their attention into productivity and performance.

Disclaimer: Not Legal Advice

This blog post provides a general overview of North Dakota labor laws but does not constitute legal advice. Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations. Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.

If you have any questions about your rights or obligations as an employer or employee in North Dakota, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation. By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.

US States