ND · state labor law, 2026
North Dakota labor laws: minimum wage, overtime, leave, final pay and breaks
A federal-level wage, paired with unusually firm rules on paid time off and on how a dismissed worker receives the last check.
North Dakota and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $7.25/h
- statewide
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $4.86/h
- tips must make up the rest
- Overtime
- 40 h/week
- state law
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
North Dakota's minimum wage is $7.25 an hour in 2026, unchanged since August 2015, and no increase is scheduled. Full-time work at that rate grosses $15,080 a year. Employers may take a tip credit, paying tipped staff $4.86 an hour provided tips bring them to $7.25. Overtime is due at time and a half after 40 hours a week, and private employers cannot substitute compensatory time off for non-exempt workers. The rule that sets North Dakota apart concerns paid time off: once PTO has been made available to use, the unused balance counts as wages at separation, and no contract or policy may make it forfeit, apart from narrow exceptions. A worker who is fired must be paid by the next regular payday, by certified mail to an address the worker designates unless both sides agree otherwise. Shifts over 5 hours carry a 30-minute meal period when two or more employees are on duty.
Gross pay for this week in North Dakota
$290
Time and a half after 40 hours in a week
| Minimum wage in North Dakota now | $7.25 an hour |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | 30 min meal |
| Final paycheck if fired | by the next regular payday for the period worked; sent by certified mail (or as agreed) |
| Unused vacation at the end | Accrued vacation must be paid out |
| Paid family leave | No state program |
40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
Paid time off that cannot be taken back
Most states let the employer's handbook decide what happens to unused vacation. North Dakota's labor department treats it as earned pay: once PTO is available for an employee to use, whatever is left at separation must be paid, and a policy that says otherwise is not enforceable. The exceptions are narrow. An employer may withhold the balance from someone who quits with less than a year of service and gives less than five days' notice, but only if that rule was given in writing at hire. Time that was awarded but not yet earned can also be withheld. A use-it-or-lose-it policy is allowed if employees are told about it, which means days can expire during employment while a balance still on the books at the end must be paid.
In numbers: an office manager paid $22 an hour leaves with 64 hours of available PTO. The balance is worth $1,408, due with the final wages whether she resigned or was let go, unless one of those exceptions applies.
Is your unused PTO paid out?
North Dakota: payout
Must be paid
| Value of the balance | $880 |
| When it is due | by the next regular payday for the period worked; sent by certified mail (or as agreed) |
The final check by certified mail
When the employer ends the job, the last wages are due on the regular payday for the period worked, and they must be sent by certified mail to an address the employee designates, unless the two sides agree on another method. A worker who quits is also paid on the next regular payday. Giving the employer a mailing address in writing on the way out avoids delay. The Wage and Hour Division of the Department of Labor and Human Rights takes claims for unpaid wages.
Tip credit and overtime
North Dakota allows a tip credit equal to 33 percent of the minimum wage, $2.39 an hour, for employees who receive more than $30 a month in tips. Take a server working 30 hours who collects $60 in tips that week. The cash wage pays $145.80, and with tips the total must reach $217.50; the employer owes $11.70 more to close the gap. Sub-minimum wages for other workers require a license from the department.
Hours past 40 in a workweek are paid at one and a half times the regular rate, and a private employer cannot offer comp time instead. The salary test for exempt staff is the federal $684 a week.
Do your tips cover the minimum wage?
Employer top-up owed per hour
$0.00
| Cash wage | $4.86 |
| Cash wage + tips | $8.86 |
| Minimum wage in North Dakota | $7.25 |
| Top-up over a 30-hour week | $0 |
Meal periods, unions and leave
The meal period rule is conditional: a shift exceeding 5 hours brings a 30-minute break only when at least two employees are on duty, and the employee may waive it. North Dakota is a right-to-work state, so union membership or nonmembership cannot cost anyone a job. There is no state paid sick leave or paid family leave program; the federal FMLA covers eligible workers for up to 12 unpaid weeks. Right-to-work states are compared in a separate guide.
North Dakota employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| August 1, 2015 | Statewide | $7.25 | Unchanged throughout 2026; same as the federal minimum |
Workers covered by both laws get the higher rate. Sub-minimum wages only under a Department license (Sub-minimum Wage Licensing). Read the North Dakota rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. Compensatory time is not legal for non-exempt private employees. source
Sick leave and family leave
North Dakota has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No state paid sick leave law for private employers.
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.
Final paycheck and unused vacation
Fired or laid off: by the next regular payday for the period worked; sent by certified mail (or as agreed). Quitting: by the next regular payday for the period worked. Vacation: Paid time off made available for use is wages at separation and cannot be forfeited; exceptions: voluntary quit with under 1 year of service and less than 5 days' notice if the employee was told in writing at hire, and awarded-but-unearned PTO. Use-it-or-lose-it allowed with notice.. source vacation rule
Meal and rest breaks
Meal: 30-minute meal period for shifts over 5 hours when two or more employees are on duty (employee may waive). No paid rest break is required for adults. source
Unions and dismissal
North Dakota is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source
Also worth knowing in North Dakota
- Unlike most states, North Dakota treats accrued vacation/PTO as wages that must be paid out at separation; a policy cannot make it forfeit (narrow exceptions). source
- When an employer fires someone, the final paycheck must be sent by certified mail to an address the employee designates, unless agreed otherwise. source