Standards regarding how much time an employee spends working and the amount they are paid for that time are determined by wage and hour laws. This set of laws can be applied to many topics, such as overtime pay, meal and rest breaks, tips, minimum wage, what employers are obligated to pay for, what encompasses time worked, etc. Employers must be up-to-date on wage and hour laws to ensure they remain compliant.
Minimum Wage in North Dakota
North Dakota workers have a minimum wage rate of $7.25 per hour. This amount is the same as the federally mandated minimum wage as set by the Fair Labor Standards Act (FLSA).
Minimum Wage of Tipped Workers:North Dakota employers can utilize a tip credit, which amounts to 33 percent of the standard minimum wage. Tipped workers in the state can be paid $4.86 per hour, provided that earned tips and direct wage equal the standard minimum wage rate for every hour worked. FLSA allows employers to pay a lower minimum wage at $2.13 per hour, but again an employee’s tips and direct wage combined must meet the standard wage rate.
Does Minimum Wage Apply to Me: Minimum wage laws are applicable to most North Dakota employers. The FLSA dictates that any enterprise that grosses at least $500,000 per year or is involved in state-to-state commerce or produce goods to that end are beholden to minimum wage laws. Some employees may be exempt from earning overtime; refer to the North Dakota Department of Labor and Human Rights for more information.
When are Raises Required: There are currently no laws requiring North Dakota employers to provide raises, nor are there any federal laws to this effect. Raises are usually based on criteria agreed upon by employer and employee, such as work performance, productivity, etc.
Work Hours in North Dakota
In North Dakota, employers cannot ask employees to work what are termed unreasonably long hours. To this end, employers must not require employees to work for seven consecutive days without offering one day’s rest. Federal laws have no such limitations, allowing employees aged 16 and older to work as much as they see fit per day or week.
Paying Overtime: North Dakota employers must pay employees one and one-half times their regular wage for every hour worked over 40. FLSA overtime laws entail similar rates and requirements. For cabdrivers, North Dakota law stipulates the overtime rate is applied when hours worked exceed 50 per week. Exemptions include farmers, executive and administrative professionals, employees receiving high levels of compensation ($100,000 or more per year), among many others.
Guaranteed Breaks and Meals: While rest breaks are not mandated in North Dakota, employers must provide a 30-minute meal break for shifts longer than five hours when two employees are on duty. If an employee is completely relieved of duties during this period, meal breaks can be unpaid. Shorter breaks must be paid if provided by employers. Provisions regarding meal and rest breaks do not exist at the federal level, with the exception of nursing mothers who must be afforded breaks in order to express milk.
Paid Time-off and Sick Pay: Providing employees paid time-off or sick pay is not required in North Dakota. If an employer offers either, they are beholden to agreements arranged between the employer and employee. Any paid time-off that is unclaimed upon an employee’s separation from an employer must be remitted as wages. FLSA lacks regulations regarding paid time-off and sick pay.
Notice Period for Employee Termination: North Dakota is an at-will employment state. Accordingly, employers are not obligated to give prior notice to terminated employees.
Plant Closings & Layoffs: Due to the absence of laws regarding plant closings and layoffs in North Dakota, the Worker Adjustment and Retraining Notification Act (WARN) applies. Any employer with 100 or more employees that work more than 20 hours per week must offer a prior notice of closings and layoffs not less than 60 days.
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