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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.

State

North Dakota

Before taxes, without tips.

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 itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shift30 min meal
Final paycheck if firedby the next regular payday for the period worked; sent by certified mail (or as agreed)
Unused vacation at the endAccrued vacation must be paid out
Paid family leaveNo 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 dueby the next regular payday for the period worked; sent by certified mail (or as agreed)
Final paycheck deadline →

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
Minimum wage by state →

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

North Dakota minimum wage rows for 2026 and any announced 2027 rate.
FromWho it coversRateNote
August 1, 2015Statewide$7.25Unchanged 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

Questions people ask

Does North Dakota require payout of unused PTO?

Yes. Once paid time off has been made available to use, the unused portion is treated as wages and must be paid at separation, and no policy can make it forfeit. Exceptions: a worker who quits with under one year of service and less than five days of notice, if told in writing at hire, and time awarded but not yet earned.

How is a final paycheck delivered in ND after a firing?

By certified mail to an address the employee designates, unless the employer and employee agree on another method. The wages are due on the regular payday for the period worked. Employees who quit are also paid on the next regular payday. If wages do not arrive, the Wage and Hour Division of the Department of Labor and Human Rights takes claims.

What is the tipped minimum wage in North Dakota?

$4.86 an hour in 2026. North Dakota allows a tip credit of 33 percent of the $7.25 minimum wage for employees who receive more than $30 a month in tips. If cash wage and tips together fall below $7.25 for the hours worked, the employer must make up the difference.

Do I get a lunch break in North Dakota on a 6-hour shift?

Usually yes. North Dakota requires a 30-minute meal period on shifts exceeding 5 hours, but only when two or more employees are on duty, and the employee can waive it. Someone working alone has no state right to a meal break. Short rest breaks are not required by state law for adults.

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Official sources for this page

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Publisher of the state-by-state guide to US employment law: minimum wage, overtime, leave, final pay and breaks

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on