Fair Employment Practices | Employers with one or more workers who work in the state for more than a quarter of the year are subject to the North Dakota Human Rights Act (NDHRA), as are employers, no matter where they are located. The NDHRA forbids discrimination based on protected characteristics, including race, color, national origin, religion, gender, disability (physical or mental), age, marital status, eligibility for public assistance, and engaging in lawful extracurricular activities that are not directly at odds with the employer's core business interests.
The NDHRA particularly forbids sexual harassment. However, according to the NDHRA, harassment motivated by any protected trait constitutes unlawful discrimination. |
Equal Pay | Under the Equal Pay for Men and Women Act of North Dakota, both sexes must get equal compensation for work of comparable quality, effort, and responsibility. |
Pregnancy Accommodation | The NDHRA requires a covered employer to make reasonable accommodations for a pregnant employee who is otherwise qualified. |
Whistleblower Protections | A violation or suspected violation of a law or regulation must be reported to the employer, a government agency, or law enforcement. An employee may also participate in an investigation, hearing, or inquiry without fear of retaliation from their employer, according to North Dakota law. |
Minimum Wage | The minimum wage in North Dakota is $7.25 per hour, which is also the federal minimum wage. |
Overtime | According to North Dakota law, an employer must compensate covered employees for all hours worked beyond 40 in a workweek at one and a half times the standard rate. |
Meal Breaks | According to North Dakota law, if two or more employees are on duty and an employee works more than five hours straight, the employer must give them a meal break that lasts at least 30 minutes. |
Child Labor | According to North Dakota's child labor laws, a minimum age of 14 is required to work in North Dakota, and minors under the age of 15 are prohibited from working in several occupations, including those that involve cooking, baking, grilling, or frying, making, disposing, or using explosives, working in mines or quarries, manufacturing goods for immoral purposes, making door-to-door sales of any kind, and construction, with some exceptions.
In addition, minors who wish to work must possess an Employment and Age Certificate. |
Health Care Continuation | An employer must provide up to 39 weeks of coverage to an employee and any covered dependents who lose coverage due to termination of work or loss of eligibility under the plan under North Dakota's Health Care Continuation Coverage Law. |
Pay Frequency | According to North Dakota law, an employer must make all owed wages to an employee at least once per calendar month on the regular paydays that the employer has stated in advance. |
Wage Deductions | Under certain conditions, an employer may deduct payments from an employee's paycheck mandated by state and federal law or court order, advances made to the employee (other than unreported cash), or the employee has authorization in writing. |
Leaves of Absence | A few regulations in North Dakota apply to all companies that deal with paid time off and employee leaves of absence. These statutes cover witness and emergency responder leave and jury duty leave. |
Smoke-Free Workplace | Smoking is prohibited in North Dakota in all enclosed areas of employment. An employer must display the necessary signage. |
Weapons in the Workplace | Employers in North Dakota are prohibited from asking about or searching a vehicle for a firearm, preventing an employee from entering the parking lot or the employer's place of business because the employee is carrying a legal gun out of sight for a legitimate purpose, or prohibiting employees from keeping a legally owned firearm locked in a private vehicle in the parking lot. |
Safe Driving Practices | In North Dakota, it is against the law for any motorist to operate a motor vehicle using a handheld wireless communication device to write, read, or send an electronic message. |
Final Pay | North Dakota law stipulates that all wages are payable to the employee upon termination by the following regular paycheck. Involuntarily fired employees may receive compensation via certified mail at a chosen location or under other arrangements. |