North Dakota HR laws for employers (2026)
The North Dakota rules employers ask about most: minimum wage, overtime, final pay, unused vacation, paid sick leave and breaks.
North Dakota employment law at a glance
| Minimum wage | $7.25 per hour (federal minimum applies) |
|---|---|
| Tipped cash wage | $4.86 per hour |
| Overtime | No daily overtime; time and a half after 40 hours a week, same as federal. |
| Final pay when fired | By the next regular payday; if the employer discharges the employee, payment must be sent by certified mail to an address the employee designates (unless otherwise agreed). |
| Final pay when an employee quits | By the next regular payday. |
| Unused vacation / PTO at separation | Required: accrued, earned PTO must be paid at separation. Narrow exception: may withhold on resignation only if written notice was given at hire, the employee worked under 1 year, and gave under 5 days' notice. Use-it-or-lose-it is allowed with notice and a reasonable chance to use the time. |
| Paid sick leave | No statewide mandate. |
| Meal breaks | 30-minute meal break on shifts over 5 hours when two or more employees are on duty, if the employee wants it (collective bargaining agreements take precedence). |
| Rest breaks | No state requirement. |
Minimum wage note: State minimum wage equals the federal $7.25/hour; no scheduled increase. No local minimum wage ordinances.
Other North Dakota rules to know
- Non-compete agreements are generally void (N.D.C.C. 9-08-06), with narrow exceptions for sale of a business or dissolution of a partnership/company.
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Frequently asked questions
What is the minimum wage in North Dakota in 2026?
$7.25 per hour (federal minimum applies), effective July 24, 2009. State minimum wage equals the federal $7.25/hour; no scheduled increase. No local minimum wage ordinances.
When is a final paycheck due in North Dakota?
If the employer ends employment: By the next regular payday; if the employer discharges the employee, payment must be sent by certified mail to an address the employee designates (unless otherwise agreed). If the employee quits: By the next regular payday.
Does North Dakota require paying out unused vacation?
Required: accrued, earned PTO must be paid at separation. Narrow exception: may withhold on resignation only if written notice was given at hire, the employee worked under 1 year, and gave under 5 days' notice. Use-it-or-lose-it is allowed with notice and a reasonable chance to use the time.
Is paid sick leave required in North Dakota?
No statewide mandate.
Sources
HR laws in other states
This page is general information for employers, not legal advice. Employment laws change and can vary by city and county. Confirm details with the state labor department or an employment attorney. Read our disclaimer.