North Dakota Employment Law — full calculator

Preguntas frecuentes

• Are non-compete agreements enforceable in North Dakota?

  No. N.D.C.C. § 9-08-06 voids all employment non-compete agreements. The only exceptions are non-competes entered as part of a business sale (reasonable geographic area and time) or partnership dissolution (limited to the same city). Employees cannot be bound by non-compete clauses in employment contracts as of 2026.

• When must a North Dakota employer issue a final paycheck?

  Under N.D.C.C. § 34-14-03, all unpaid wages must be paid by the next regularly scheduled payday established in advance by the employer — whether the employee was fired, laid off, or resigned. If no payment method is agreed upon, the employer must pay by certified mail to the address designated by the employee.

• What are the meal break requirements in North Dakota?

  N.D. Admin. Code § 46-02-07-02 requires a minimum 30-minute unpaid meal break for shifts exceeding 5 hours when 2 or more employees are on duty. The FLSA (federal law) imposes no meal break requirement for adult workers. Employees may waive the meal break by mutual agreement with the employer.

• What is the minimum wage for tipped employees in North Dakota in 2026?

  Tipped employees (those receiving more than $30/month in tips) must receive a direct cash wage of at least $4.86 per hour in North Dakota as of 2026, under a 33% tip credit rule (N.D. Admin. Code § 46-02-07-03). Combined direct wages and tips must equal at least $7.25/hr. The federal tipped minimum is only $2.13/hr — North Dakota's rate is significantly higher.

• What is North Dakota's regular minimum wage in 2026?

  The regular (non-tipped) minimum wage in North Dakota is $7.25 per hour as of 2026, which matches the federal FLSA floor. North Dakota has not enacted a higher state minimum wage for non-tipped employees.

• Does North Dakota have daily overtime requirements?

  No. North Dakota follows the federal FLSA overtime standard: overtime is owed at 1.5 times the regular rate for hours worked beyond 40 in a workweek. There is no daily overtime threshold, no double-time rate, and no special 7th-consecutive-day rule (N.D. Admin. Code § 46-02-07-02(4)).

• Is there a state-mandated sick leave law in North Dakota?

  No. North Dakota does not have a state law requiring private employers to provide paid or unpaid sick leave. Employers may voluntarily offer sick leave, and federal FMLA protections apply to eligible employees at qualifying employers.

• What penalty does a North Dakota employer face for not paying a final paycheck on time?

  Under N.D.C.C. § 34-14-03, an employer who fails to pay final wages by the next regular payday is subject to civil liability for the unpaid amount plus accrued interest from the date payment was due. Employees can file a wage claim with the North Dakota Department of Labor and Human Rights at nd.gov/labor.

• Can a North Dakota employer require a non-disclosure agreement (NDA)?

  Yes. NDAs and trade-secret confidentiality agreements are separate from non-competes and are generally enforceable in North Dakota, provided they are reasonable in scope. N.D.C.C. § 9-08-06's ban applies specifically to agreements restraining the practice of a lawful profession, trade, or business — not to confidentiality provisions.

• Where can I file a wage or labor law complaint in North Dakota?

  File with the North Dakota Department of Labor and Human Rights: online at nd.gov/labor, by phone at 701-328-2660, or by mail at 600 E Boulevard Ave, Dept 406, Bismarck, ND 58505. Federal FLSA complaints can also be filed with the U.S. Department of Labor Wage and Hour Division.