North Dakota employment laws emphasize clarity and predictability, with a small set of state-level rules supplementing core federal standards. While employers must comply with mandates like PTO payout, equal pay, and meal breaks, the broader regulatory landscape remains slightly limited.
When it comes to talent and workforce management, North Dakota-based employers need to comply with the following state employment laws:
The below information was last updated July 21, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
North Dakota is one of 26 states that currently have right-to-work laws (N.D. Admin. Code § 34-01-14).
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| North Dakota Minimum Wage |
The state of North Dakota mirrors the federal minimum wage rate of $7.25, but has a slightly higher tipped minimum wage rate of $4.86 for employees who earn tips with their base pay. |
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North Dakota Overtime Pay Laws |
According to N.D. Admin. Code § 46-02-07-02, overtime pay in North Dakota is calculated at 1.5 times the employee’s regular pay rate for all hours worked over 40 in a workweek. Special rules apply, however, for taxi cab drivers and employees of hospitals or residential care establishments. |
| North Dakota Pay Equity Law | Under N.D. Admin. Code § 34-06.1-03, public and private employers are prohibited from discriminating between employees on the basis of gender by paying wages to any employee at a rate less than the rate paid an employee of the opposite gender for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility. Pay differences due to established seniority systems, systems that measure earnings by quantity or quality of production, merit systems, or a bona fide factor other than gender (e.g., education, training, or experience) are not prohibited. Moreover, an employer that is paying a wage differential in violation of this law may not reduce the wages of any employee to comply with this law. |
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North Dakota Pay Transparency Law |
North Dakota currently has no pay transparency laws or regulations. |
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North Dakota Final Paycheck Law |
In North Dakota, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday. |
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North Dakota PTO Payout Laws |
North Dakota currently requires employers to pay terminating employees their earned PTO at the employees' regular rate of pay before separation. It also allows the use of "use-it-or-lose-it" policies if the employee has a reasonable opportunity to both use the PTO time or take notice of the policy. |
| North Dakota Paid Sick Leave (PSL) | North Dakota currently has no paid sick leave laws or regulations. |
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North Dakota Paid Family and Medical Leave (PFML) |
North Dakota currently has no PFML laws or regulations. Although, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave every 12 months for various reasons. |
| North Dakota Maternity Leave | North Dakota doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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North Dakota Voting Leave Law |
North Dakota currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, North Dakota is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Under North Dakota's meal and rest break law, employers must provide a minimum 30-minute break for each shift exceeding five hours when two or more employees are on duty.
As described by the North Dakota Human Rights Act, and enforced by the North Dakota Department of Labor, employers in North Dakota are prohibited from discriminating against employees based on:
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North Dakota also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Human Rights Act. Employers must, for example, respond to claims and rectify hostile environments.
North Dakota doesn't, however, require employees to complete any harassment or discrimination training courses.
| North Dakota Non-Compete Agreement Laws | North Dakota is one of four states to completely ban the use of non-compete agreements. Specifically, the state prohibits an agreement restraining the exercise of a lawful profession, trade, or business, unless it is made in connection with the sale of a business or the dissolution of a partnership. |
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North Dakota Retirement Plan Laws |
North Dakota currently has no mandatory retirement plan laws or regulations. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
