North Dakota Wage and Hour FAQs

North Dakota Wage and Hour Questions

Back to North Dakota Overtime Law

Are North Dakota workers entitled to meal or rest breaks?

Employees working more than five hours must receive a 30-minute, uninterrupted meal break, as long as there are two or more workers on duty. Coffee or rest breaks are not required, but must be compensated if they last less than 30 minutes.

Are employees entitled to pay stubs?

Yes. Each employee must receive a pay stub every time they are paid. The pay stub must include the worker’s pay rate, hours worked and all deductions.

What deductions can an employer make from their workers’ wages?

Employers can make deductions that are required by law, such as taxes. They cannot make any other deductions without the worker’s written authorization to do so.

If an employee quits or is fired, when should they receive their final paycheck?

These employees must be paid by the next regularly scheduled payday.

What is the minimum wage in North Dakota?

The North Dakota minimum wage is $7.25 per hour.

Can salaried employees receive overtime?

Salaried employees are not automatically exempt from overtime simply because they are paid on a salary basis. Employees should receive overtime pay unless their job duties meet an exemption under overtime law.

Can tipped employees receive less than the minimum wage?

Tipped employees (those making more than $30 per month in tips) can receive a direct wage of $4.86 per hour. However, tipped employees must receive at least the minimum wage when combining tips and direct hourly wages.

If an employee quits or is fired, are they entitled to unused vacation?

Yes. Any unused balance must be paid upon separation from the company. Unused sick time is not payable as long as it is kept in a separate balance from vacation days.