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North Dakota Employee Rights

North Dakota Employee Rights


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.