Introduction
North Dakota is known for its vast agricultural lands and booming oil industry. With only a population of 770,000 people, the state consistently ranks as one of the top ten fastest-growing economies in the United States. Behind its economic success is a strong state government that prioritizes employee rights and provides its labor force with various laws that promote fair treatment and just compensation.
As an employee in North Dakota, it’s essential to know your rights to ensure that your employer treats you fairly and according to the law. In this comprehensive article, we’ll discuss North Dakota employee rights, their current status, and how they affect the labor market.
Minimum Wage
The minimum wage is the least amount an employer can pay a worker per hour. It’s crucial for employees to know their minimum wage rights because it sets the benchmark for all pay levels in a company.
In North Dakota, the minimum wage is currently set at $7.25 per hour, which is the same as the federal minimum wage. However, if an employer has fewer than ten employees, they can pay their workers a minimum wage of $4.86 per hour. This exemption only applies to businesses with a gross annual income of less than $500,000 – one that does not engage in interstate commerce. The North Dakota minimum wage has not changed since 2009 and is well below the living wage standard for most of North Dakota’s cities and counties.
Overtime Pay
Overtime pay is the compensation given to employees who work beyond their regular hours or the typical 40-hour workweek. It’s calculated at one and a half times an employees’ hourly rate. North Dakota law requires employers to pay overtime for all hours worked in excess of 40 hours in a workweek.
However, the state exemption for agricultural workers is different from the federal law. For instance, overtime only applies after working more than 56 hours in North Dakota. Meanwhile, federal law mandates overtime pay after more than 40 hours. North Dakota law has not changed since 1989, which raises concerns about the state’s commitment to fair labor laws.
Severance Pay
Severance pay is a benefit an employer gives to an employee when their employment ends. Typically, it’s paid when an employer terminates an employee’s contract or lays them off due to downsizing or budget cuts.
North Dakota does not have any laws mandating that employers provide severance pay to employees. However, if an employer has a policy or agreement that promises it, they must honor it. For instance, if an employee’s contract guarantees six months of severance pay, the employer has to pay it. Severance pay is essential for those that suddenly lose their jobs and need a financial buffer as they search for new employment opportunities.
Rest and Meal Breaks
Rest and meal breaks are periods during the day where an employee can get off work and take a break. These breaks provide rest, refreshment, and time to recharge for employees, making them an essential component of labor laws in most states.
In North Dakota, employers are not required to provide rest or meal breaks to employees over the age of 16. The only exception is for minors under the age of 15, who need ten minutes of paid rest for every hour worked. A study by the University of Chicago Policy Institute shows that rest breaks have a positive effect on employee productivity, and employers should embrace policies that encourage them.
Paid Time Off
Paid time off (PTO) is a benefit an employee accrues from their employer that allows them to take time off work without losing pay. PTO helps employees balance work-life issues like taking care of sick family members, parenting duties, or taking a much-needed vacation.
While North Dakota does not mandate PTO for workers, many employers provide it as part of their employment policies. Employees may accrue PTO based on their length of service or choose between vacation and sick days.
Workers’ Compensation
Workers’ compensation is an employer-provided insurance plan that pays for an employee’s medical expenses and lost wages if they suffer an injury or illness while on the job. Employers pay for workers’ compensation insurance to ensure employees do not bear the financial burden of work-related accidents.
North Dakota law requires most employers to provide workers’ compensation insurance. It covers all North Dakota employees that sustain an injury arising from their employment, regardless of how it occurs. The insurance covers medical expenses, wage replacement benefits, permanent or temporary disability benefits, and vocational rehabilitation benefits. The state sets limits on the maximum wage replacement benefits employees receive, making it essential for workers to understand the limits of their workers’ compensation benefits.
Discrimination and Harassment
Discrimination and harassment are intolerable in any workplace. These behaviors make employees feel uneasy, powerless, and at risk of losing their job. North Dakota laws prohibit discrimination and harassment in the workplace based on the protected classes of race, color, religion, sex, national origin, age, disability, and sexual orientation.
North Dakota has a comprehensive state agency that handles discrimination complaints. The North Dakota Department of Labor and Human Rights helps employees file complaints and mediate settlement agreements. Employees who experience workplace discrimination or harassment should seek legal counsel promptly.
Final Thoughts
North Dakota employee rights are an essential aspect of the state’s labor market. While the state has significant economic growth, it must commit to updating its labor laws to ensure fairness, safety, and equitable treatment for all employees. Knowing your rights as an employee is crucial for your wellbeing, productivity, and job satisfaction. If you believe your employer has violated your rights, do not hesitate to seek counsel and file a complaint. Fair employment practices create a healthy, thriving workforce and contribute to the economic growth and overall well-being of the state.
A Brief Guide to North Dakota Employee Rights
The law is designed to provide protection to workers in all occupations. To make sure every ND employee right you possess is respected by employers, it is important to be aware of the laws concerning your occupation.
Some of the most important laws to understand concern the compensation you are entitled to. ND employee rights guarantee nearly all workers to be paid minimum wage. Rather than establishing its own rate, the state follows the federal guidelines established under the Fair Labor Standards Act. In most cases, you have the North Dakota employee right to be paid no less than $7.25 an hour for your labor.
Along with these wages, you are entitled to overtime payments for every hour worked past 40 hours a week. North Dakota employee rights set these time-and-a-half rates at $10.88 an hour. However, be aware that ND employee rights law does not entitle certain workers to overtime payment. The North Dakota employee right to overtime pay does not apply for such workers as:
• Salaried workers who perform primarily administrative or intellectual tasks
• Salespeople who earn a significant percentage of their income through commissions
• People who work in transportation for a fixed-rate-per-trip, such as flight attendants
Minimum wage workers still have North Dakota employee rights regarding overtime pay regardless of their occupation. Some unscrupulous employers may try ignore your ND employee rights and deny you overtime by making you a “salaried worker,” claiming you are not eligible for overtime. However, this is a violation of your North Dakota employee right to proper compensation. A person who is making minimum wage is unlikely to be performing specialized tasks. As such, their North Dakota employee rights forbid employers from trying to deny them overtime coverage by giving them the title of a salaried employer.
ND employee rights law leaves workers ineligible for minimum wage. The North Dakota employee right to minimum wage compensation does not apply to those who are under the age of 20. Such workers may be paid $4.25 an hour for the first 90 days of their employment. After this period has passed or they reach the age of 20, North Dakota employee rights entitle them to the same minimum wage as anyone else.
Working mothers’ ND employee rights’ include a clean, private space to breastfeed their child up to one year after having given birth. This North Dakota employee right also includes the right to do so in an area other than a bathroom.
If an employer is improperly withholding compensation, contact the Hours and Wages division of the United States Department of Labor. This government agency is responsible for making sure all North Dakota employee rights are respected. After investigating your claim, they may be able to compel payment of underpaid or unpaid wages. Should they decline to take action, you may be able to find a lawyer to litigate regarding a violation of any North Dakota employee right.
