Labor Rights in North Dakota
North Dakota is a right-to-work state at the federal $7.25 minimum wage with a $4.86 tipped cash wage, and it has no statewide paid sick leave, paid family leave, or general rest break laws. One relative bright spot is a state regulation requiring a 30-minute meal period on shifts over 5 hours when two or more employees are on duty. Overtime follows the federal 40-hour baseline, and final pay is due on the next regular payday.
Data last verified 2026-10-12
Workplace rights in North Dakota at a glance
| Minimum wage (2026) | $7.25. North Dakota sets no minimum wage above the federal rate, so the federal $7.25 floor applies. |
|---|---|
| Tipped minimum wage (2026) | $4.86 cash wage. North Dakota allows a tip credit against the $7.25 minimum; employers must make up any shortfall if tips do not reach $7.25 per hour. |
| Overtime | 1.5x after 40 hours in a workweek (state law mirrors the FLSA baseline). Overtime is computed weekly only, and paid holidays, PTO, and sick leave do not count toward the 40 hours. North Dakota has no daily overtime rule. |
| Paid sick leave | No statewide mandate. |
| Paid family and medical leave | No state program. Workers rely on federal FMLA (unpaid) and any employer plan. |
| Meal breaks | State rule: a minimum 30-minute meal period must be provided in each shift exceeding 5 hours when two or more employees are on duty (N.D. Admin. Code 46-02-07-02(5)). It may be unpaid if the employee is fully relieved of duty, and it can be waived by agreement with the employer. |
| Rest breaks | No state requirement beyond federal. Coffee or rest breaks offered by the employer must be paid. |
| Right-to-work law | Yes |
| At-will employment | North Dakota is an at-will employment state. Recognized exceptions: implied contract and public policy. Whether North Dakota recognizes the covenant-of-good-faith exception is disputed across legal sources, so confirm with an employment attorney on that point. Confirm with your state labor department. |
| Final paycheck | Due by the next regularly scheduled payday, whether the employee quits or is fired. |
How North Dakota compares to federal law
North Dakota uses the federal minimum wage of $7.25 an hour, with no higher state rate. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek. There is no state paid sick leave or paid family leave mandate, so the federal Family and Medical Leave Act (unpaid leave for eligible workers) is the only baseline.
Neighboring states
- Minnesota$11.41 minimum wage, paid sick leave yes, right-to-work no.
- South Dakota$11.85 minimum wage, paid sick leave no, right-to-work yes.
- Montana$10.85 minimum wage, paid sick leave no, right-to-work no.
Compare all 50 states and DC side by side
Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.
Frequently asked questions
Does North Dakota require meal breaks?
Yes, unlike most states in this group: a 30-minute meal period is required for shifts over 5 hours when two or more employees are on duty. It can be unpaid if you are fully relieved of duty, and you may waive it by agreement.
What is North Dakota's tipped minimum wage?
$4.86 per hour in direct wages. Tips must bring your total to at least $7.25 per hour, and the employer pays the difference if they do not.
Is North Dakota a right-to-work state?
Yes. Workers cannot be required to join a union or pay union fees as a condition of employment.
When do I get my final paycheck in North Dakota?
By the next regularly scheduled payday, whether you quit or were fired.