📅 2026 Update: Changes in North Dakota Employee Rights

Since the last article, there have been notable updates regarding employee rights in North Dakota. Key changes include new rules for youth employment and a shift in retirement plan options for public employees. The earlier article continues further down the page for more information.

🧑‍🏫 Youth Employment Age Requirement

The minimum age for employment in North Dakota is now set at 14 years old. Teens aged 14 and 15 face specific work hour restrictions and cannot perform certain types of work. This includes operating machinery, construction work, and handling chemicals.

  • 🔒 Restrictions: Young workers cannot be employed in hazardous jobs.
  • ⏰ Work Hours: There are limits on how many hours they can work in a day and week.

💰 Public Employees Retirement System (PERS) Changes

Effective January 1, 2025, the PERS defined benefit plan is closed to new employees. Instead, new hires will enroll in a defined contribution retirement plan.

  • ⚖️ Eligibility: Employees joining after December 31, 2024, will participate in this new plan.
  • 📉 Impact: This change may affect retirement benefits for future public employees.

📄 Demand Letter for Wage Claims

Employees can now prepare a demand letter to claim unpaid wages. This letter should specify the amount owed and request payment within 7 days.

  • ✉️ Certified Mail: Sending the letter by Certified Mail is recommended to ensure it is received.
  • 📚 Record Keeping: Keep a copy of the demand letter for personal records.

🔍 Criminal History Record Check

The cost for a criminal history record check is currently $15. Non-profit organizations may qualify for a reduced fee of $5.

  • ⏳ Processing Time: It typically takes 7 to 10 business days to process these checks.
  • 📜 Requirement: All employees, including temp staff, must complete this check.

📌 Key Updates Summary

  • 🔑 Minimum age for employment is now 14 years.
  • 📅 PERS plan for new hires closed effective January 1, 2025.
  • 📝 Wage claim demand letters must be sent within 7 days.
  • 💵 Criminal history check fee set at $15; $5 for non-profits.
  • ⏳ Processing times average 7-10 business days.

💡 Tips for Navigating Employee Rights in North Dakota

Review your specific situation with your attorney.

📋 Understand Youth Employment Rules

Teens aged 14 and 15 must comply with specific work hour limits and cannot engage in hazardous jobs. Familiarize yourself with these regulations to ensure safe employment.

📅 File Wage Claims Promptly

If you believe you are owed wages, prepare and send a demand letter promptly. Make sure it includes the amount owed and send it via Certified Mail.

🏢 Know Your Retirement Options

If you are a new public employee, understand that you will be enrolled in a defined contribution plan rather than the closed defined benefit plan. This can impact your retirement planning.

🛡️ Criminal Record Checks

Be aware that employers are required to conduct criminal background checks. Make sure you complete your check within 21 days of hire.

📜 Keep Records

Always keep copies of important documents, such as demand letters and employment certificates. This can be helpful if disputes arise in the future.

🏛️ Utilize Government Resources

Take advantage of resources from the Department of Labor and Human Rights. They provide information on employee rights, wage payments, and other important topics.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service met the review threshold for employee rights support in North Dakota. Instead, here are free government and nonprofit resources that can assist you.

🥇 1. Department of Labor and Human Rights

This department offers resources about employment rights, wage payments, and discrimination issues. They provide education and guidance to employees in North Dakota.

🥈 2. Child Support Services

This service aids employers in managing income withholding orders and related processes. They provide assistance and information to ensure compliance with child support requirements.

🥉 3. Job Service North Dakota

Job Service North Dakota provides resources for job seekers and employers. They offer unemployment insurance information and help with job placement and training.

4️⃣ North Dakota Minimum Wage and Work Conditions

Employers are required to display posters about minimum wage and work conditions. These posters inform employees of their rights and protections in the workplace.

🔎 What to Check Before Paying for Help

  • 🔍 Look for free resources before considering paid options.
  • 📜 Ensure the service is government-funded or a nonprofit.
  • 💬 Check for user reviews to gauge effectiveness.
  • 🏷️ Confirm they operate within North Dakota laws.
  • 📞 Verify that they offer accurate information without costs.

❓ Frequently Asked Questions

🤔 What is the minimum age for employment in North Dakota?

The minimum age for employment in North Dakota is 14 years. There are specific restrictions for those aged 14 and 15.

📑 How do I file a wage claim?

To file a wage claim, prepare a demand letter detailing the wages owed. Send it to your employer and keep a copy for your records.

🕒 How long does it take to process a criminal history check?

The processing time for a criminal history record check generally averages 7 to 10 business days.

📜 What is the new retirement plan for public employees?

Effective January 1, 2025, new public employees will enroll in a defined contribution retirement plan, as the previous defined benefit plan is now closed.

🚫 What jobs are prohibited for teens in North Dakota?

Teens aged 14 and 15 cannot work in hazardous occupations, including operating machinery and construction jobs.

📬 How quickly must employers respond to child support information requests?

Employers must respond to a Request for Information from Child Support within 10 days of receiving it.

⚖️ Recent Cases Related to Employee Rights

Recent court rulings have focused on employee rights in areas like wage claims and discrimination complaints. These cases help shape the understanding of employee protections in North Dakota.

You can browse more rulings on the news page.

End of October 2026 Update





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.

North Dakota Employee Rights

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.

📝 See Also

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.