North Dakota Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 20, 2026
Last Reviewed: January 20, 2026
Applicable Period: 2026
Jurisdiction: State of North Dakota, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
North Dakota employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide provides detailed information about employment rights, employer obligations, and relevant procedures under North Dakota state law and applicable federal statutes.
North Dakota’s employment law framework operates on at-will employment principles while providing specific protections through state statutes and the North Dakota Human Rights Act. The state follows federal minimum wage standards and overtime requirements under the Fair Labor Standards Act (FLSA) while maintaining state-specific regulations for meal breaks, wage payment, and human rights protections.
This guide covers:
- Employment law framework and at-will employment doctrine
- Wage and hour requirements including minimum wage and overtime
- Anti-discrimination protections under state and federal law
- Reasonable accommodation requirements
- Employer obligations and compliance requirements
- Complaint filing procedures and enforcement mechanisms
- Remote work considerations under North Dakota law
- 2026 legislative updates and recent changes
Information Sources:
All content is derived from official government sources including:
- North Dakota Century Code (N.D.C.C.) Title 34 (Labor and Employment)
- North Dakota Century Code Chapter 14-02.4 (Human Rights Act)
- North Dakota Administrative Code Chapter 46-02-07
- North Dakota Department of Labor and Human Rights official guidance
- U.S. Department of Labor resources and federal statutes
- Equal Employment Opportunity Commission regulations
Employment Law Framework in North Dakota
1.1 At-Will Employment Doctrine
North Dakota follows the at-will employment doctrine, which governs most employment relationships in the state without specified terms or contracts.
Statutory Basis:
According to North Dakota Century Code § 34-03-01:
“An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.”
Source: North Dakota Century Code § 34-03-01
Title: Termination of employment at will – Notice required
Official text: https://ndlegis.gov/cencode/t34c03.pdf
Last verified: January 7, 2026
What At-Will Employment Means:
For employees:
- Employment may be terminated at any time without cause
- No minimum notice period required (though notice is required)
- Protection against wrongful termination exists only through statutory exceptions
For employers:
- May terminate employees without providing specific reasons
- Must provide notice of termination
- Subject to exceptions that limit at-will termination rights
Exceptions to At-Will Employment:
North Dakota law recognizes several exceptions to the at-will employment doctrine:
1. Statutory Exceptions
According to North Dakota Century Code § 34-03-05:
“Every employment may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of the employee’s employment, in case of the employee’s habitual neglect of duty, or in case of the employee’s continued incapacity to perform the person’s duty.”
Source: N.D.C.C. § 34-03-05
Available at: https://ndlegis.gov/cencode/t34c03.pdf
The statute also provides that under N.D.C.C. § 34-03-06:
“Every employment may be terminated by the employee at any time in case of any willful or permanent breach of the obligations of the employee’s employer to the person as an employee.”
2. Written Employment Contracts
Contracts specifying a term of employment supersede at-will provisions. Employees with written contracts may only be terminated according to contract terms.
3. Public Policy Exception
North Dakota law prohibits retaliation against employees who:
According to the North Dakota Department of Labor and Human Rights, employment termination violates public policy when employees are fired for:
- Refusing to perform illegal acts
- Reporting violations of law (whistleblowing)
- Participating in legal proceedings
- Exercising legal rights
Source: North Dakota Whistleblower Statute
Citation: N.D.C.C. § 34-01-20
Available at: https://ndlegis.gov/cencode/t34c01.pdf
4. Discrimination and Retaliation
The North Dakota Human Rights Act prohibits termination based on protected characteristics or retaliation for opposing discriminatory practices.
According to N.D.C.C. § 14-02.4-18:
“It is a discriminatory practice for a person to conceal unlawful discrimination or aid, abet, compel, coerce, incite, or induce another person to unlawfully discriminate in violation of this chapter, or to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under this chapter.”
Source: North Dakota Human Rights Act
Citation: N.D.C.C. § 14-02.4-18
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
1.2 Labor Law vs. Employment Law
Understanding the distinction between labor law and employment law helps identify which legal protections and procedures apply to specific workplace situations.
Employment Law:
Employment law governs the individual employment relationship between employers and individual employees. This includes:
- Wage and hour requirements
- Anti-discrimination protections
- Reasonable accommodations
- Workplace safety standards
- Individual employment contracts
- Employee benefits
Employment law applies to virtually all employer-employee relationships in North Dakota, regardless of union representation.
Labor Law:
Labor law focuses specifically on collective bargaining relationships between employers and labor unions. This includes:
- Union organizing and elections
- Collective bargaining negotiations
- Union representation rights
- Labor disputes and strikes
- Union security agreements
When Each Applies:
Employment law applies when addressing:
- Individual wage claims
- Discrimination complaints
- Reasonable accommodation requests
- Personal employment contract disputes
Labor law applies when addressing:
- Union organizing campaigns
- Collective bargaining negotiations
- Labor disputes involving unions
- Union security agreement questions
1.3 Right-to-Work Status
North Dakota is a right-to-work state, which affects labor union membership and dues requirements.
Statutory Basis:
According to North Dakota Century Code § 34-01-14:
“No person may be denied the opportunity to obtain or retain employment because of nonmembership in a labor union or labor organization, and all contracts in violation of this provision are to that extent illegal and void.”
Source: N.D.C.C. § 34-01-14
Title: Right to work not to be abridged by membership or nonmembership in labor organization
Official text: https://ndlegis.gov/cencode/t34c01.pdf
Last verified: January 7, 2026
The statute also provides that right-to-work protections do not apply to agreements requiring union membership as authorized by the Labor-Management Reporting and Disclosure Act of 1959.
What Right-to-Work Means:
For employees:
- Cannot be required to join a union as a condition of employment
- Cannot be required to pay union dues or fees
- May choose to join a union voluntarily
- Protected from discrimination based on union membership or non-membership
For employers:
- Cannot enter into agreements requiring union membership
- Cannot discriminate against employees based on union status
- May still engage in collective bargaining with unions
For unions:
- May represent workers in collective bargaining
- Cannot require membership or dues payments
- Must represent all employees in bargaining unit regardless of membership
Employee Rights in North Dakota
2.1 Wage and Hour Rights
North Dakota wage and hour laws establish minimum standards for employee compensation, working hours, and payment practices.
Minimum Wage Requirements:
Current North Dakota Minimum Wage (2026): $7.25 per hour
Effective date: July 24, 2009
Statutory authority: North Dakota follows the federal minimum wage standard as North Dakota does not have a state minimum wage rate exceeding federal requirements.
According to North Dakota Administrative Code § 46-02-07-02, the minimum wage in North Dakota equals the federal minimum wage established under the Fair Labor Standards Act.
Source: N.D. Admin. Code § 46-02-07-02
Federal statute: Fair Labor Standards Act, 29 U.S.C. § 206
Official FLSA text: https://www.dol.gov/agencies/whd/minimum-wage
ND Minimum Wage Poster: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Last verified: January 7, 2026
Important Context:
North Dakota’s minimum wage has remained at $7.25 per hour since July 24, 2009, matching the federal rate. The state does not have statutory provisions for automatic increases or indexing to inflation.
Tipped Employee Minimum Wage:
According to North Dakota Century Code § 34-06-22 and Administrative Code provisions:
Tipped minimum wage: $4.86 per hour (33% of standard minimum wage)
Tip credit: Employers may utilize a tip credit of 33% of minimum wage for tipped employees
Requirements:
According to the ND Minimum Wage & Work Conditions Summary Poster published by the North Dakota Department of Labor and Human Rights:
“Employers may utilize a tip credit of 33% of the minimum wage for tipped employees. With the tip credit applied, the minimum direct wage payable to a tipped employee is $4.86 per hour effective July 24, 2009.”
“The employer must maintain written records verifying that tipped employees receive at least the full minimum wage for all hours worked when the direct wage and tips are combined.”
Source: N.D. Admin. Code § 46-02-07-03
Citation: N.D.C.C. § 34-06-22
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Last verified: January 7, 2026
Definition of Tipped Employee:
“A tipped employee is any service employee in an occupation in which he or she receives more than thirty dollars per month in tips.”
“A service employee is any employee who is providing direct service to the customer and to whom that customer shows appreciation for that service by tipping that employee for the direct service. The employee must regularly and customarily provide personal face-to-face service to individual customers, which the customer would recognize as being performed for his or her benefit. Services such as cooking and dishwashing are not included.”
Employer obligations for tipped employees:
- Employer must inform employee in advance of using tip credit
- Employer must maintain written records of tips received
- Employee must receive at least full minimum wage when direct wage and tips combined
- Tips belong to employee and may not be retained by employer
Overtime Requirements:
North Dakota follows federal overtime standards established under the Fair Labor Standards Act.
According to North Dakota Administrative Code § 46-02-07-02(4):
“Overtime pay must be paid at one and one-half times the employee’s regular rate of pay for hours worked over forty in any work week.”
Key overtime provisions:
Work week definition: “A work week is a seven consecutive-day period defined by the employer.”
Computation: “Overtime is computed on a weekly basis, regardless of the length of the pay period.”
Hours counted: “Overtime is based only on hours worked. Paid holidays, paid time off, or sick leave need not be counted in computing overtime hours.”
Multiple jobs: “Employees working more than one job under the control of the same employer must have all hours worked counted toward overtime.”
Compensatory time restriction: “Compensatory time is not legal in private employment for non-exempt employees — overtime hours may not be ‘banked’ and used for time off in another work week.”
Source: N.D. Admin. Code § 46-02-07-02(4)
Federal authority: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://www.dol.gov/agencies/whd/overtime
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Last verified: January 7, 2026
Overtime Exemptions:
North Dakota Administrative Code identifies several categories of employees exempt from overtime requirements, including:
Executive employees whose primary duties consist of:
- Management of the enterprise or recognized department
- Directing the work of two or more other employees
- Authority to hire or fire employees or whose suggestions carry particular weight
Administrative employees whose primary duties consist of:
- Office or non-manual work directly related to management policies or general business operations
- Work requiring exercise of discretion and independent judgment
Professional employees including:
- Licensed professionals requiring advanced knowledge
- Teachers, instructors, tutors, or lecturers
- Computer professionals exercising discretion and independent judgment
Additional exemptions apply to agricultural workers, certain commissioned sales employees, and other specific categories as defined in federal and state regulations.
Meal and Rest Break Requirements:
Meal Breaks:
According to North Dakota Administrative Code § 46-02-07-02:
“A minimum 30-minute break must be provided in each shift exceeding 5 hours when 2 or more employees are on duty.”
Meal break provisions:
According to the North Dakota Department of Labor and Human Rights Wage and Hour FAQ:
“The employer is not required to pay the employee for the meal period if the employee is completely relieved of their duties during the entire meal period. Employees may waive their right to a meal period upon agreement with the employer.”
Source: N.D. Admin. Code § 46-02-07-02
Official guidance: https://www.nd.gov/labor/wage-and-hour-faq
Last verified: January 7, 2026
When meal breaks must be paid:
“Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is at least thirty minutes in length. Employees are not completely relieved if they are required to perform any duties during the meal period.”
Rest Breaks:
According to North Dakota Administrative Code:
“Other breaks (such as 15 minute ‘coffee’ breaks) are not required by law, but must be paid breaks if they are offered by the employer.”
Source: N.D. Admin. Code § 46-02-07-02
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
North Dakota does not mandate rest breaks, but employers who voluntarily provide short breaks must compensate employees for that time.
Wage Payment Requirements:
Pay Frequency:
According to North Dakota Century Code § 34-14-02:
“Every employer shall pay all wages due to employees at least once each calendar month on regular agreed paydays designated in advance by the employer.”
Acceptable payment methods:
- Lawful money of the United States
- Checks drawn on banks or credit unions convenient to place of employment
- Direct deposit to financial institution of employee’s choice
- Stored value cards (with employee election when offered by employer)
Source: N.D.C.C. § 34-14-02
Title: Agreed payday – Direct deposit – Stored value card
Official text: https://ndlegis.gov/cencode/t34c14.pdf
Last verified: January 7, 2026
Pay Statements:
According to North Dakota Administrative Code § 46-02-07-02:
“Every employer must furnish to an employee each pay period a check stub or voucher indicating hours worked, rate of pay, required state and federal deductions, and any other authorized deductions.”
Source: N.D. Admin. Code § 46-02-07-02
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Final Paycheck Requirements:
Upon Termination:
According to North Dakota Century Code § 34-14-03 and Department of Labor guidance:
“If an employee has been terminated, the employer shall pay those wages to the employee as agreed upon by both parties. If an agreement is not in place, the employer must pay the employee by certified mail at an address designated by the employee.”
Source: N.D.C.C. § 34-14-03
Official guidance: https://www.nd.gov/labor/wage-and-hour-faq
Last verified: January 7, 2026
North Dakota does not specify an exact timeline (such as “immediately” or “next business day”) for final paycheck payment upon termination. Instead, the statute provides that wages are due as agreed by the parties or by certified mail if no agreement exists.
Authorized Wage Deductions:
According to North Dakota Century Code § 34-14-04.1, employers may only withhold from employee wages:
- Required state and federal deductions
- Court-ordered deductions
- Advances paid to employees (other than undocumented cash)
- Recurring deductions authorized in writing by employee
- One-time deductions authorized in writing, specifying the deduction source
- One-time deductions for damage, breakage, shortage, or negligence authorized by employee at time of deduction
Source: N.D.C.C. § 34-14-04.1
Official text: https://ndlegis.gov/cencode/t34c14.pdf
Official guidance: https://www.nd.gov/labor/wage-and-hour-faq
Last verified: January 7, 2026
Unauthorized deductions: Any deduction not falling within these categories violates North Dakota law and may be challenged through the Department of Labor and Human Rights.
2.2 Paid Time Off and Leave Requirements
Paid Sick Leave:
North Dakota does not mandate paid sick leave for private sector employees.
Search conducted:
- North Dakota Legislature website: https://ndlegis.gov/
- North Dakota Department of Labor and Human Rights: https://www.nd.gov/labor/
- Search terms: “paid sick leave”, “sick time”, “mandatory leave”
- Date: January 7, 2026
- Result: No state-mandated paid sick leave requirement found
Federal law (private sector):
The federal government does not require private employers to provide paid sick leave to employees.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave
Last verified: January 7, 2026
For North Dakota employees:
Paid sick leave policies are determined by:
- Employer policy and discretion
- Employment contracts
- Collective bargaining agreements (if applicable)
- Company handbook provisions
Paid Time Off (PTO) Upon Separation:
North Dakota law addresses limitations on payment of accrued paid time off upon employment separation.
According to North Dakota Century Code § 34-14-09.2:
Voluntary separation – PTO withholding allowed when:
A private employer may withhold payment for accrued paid time off if all three conditions are met:
a. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off b. The employee has been employed by the employer for less than one year c. The employee gave the employer less than five days’ written or verbal notice
Awarded but unearned PTO:
An employer may withhold payment for paid time off if:
a. The paid time off was awarded by the employer but not yet earned by the employee b. Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off
Source: N.D.C.C. § 34-14-09.2
Title: Limitations on paid time off
Official text: https://ndlegis.gov/cencode/t34c14.pdf
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Last verified: January 7, 2026
Important: If these specific conditions are not met, accrued PTO is generally considered wages and must be paid upon separation.
Discrimination Laws in North Dakota
3.1 Overview of Anti-Discrimination Protections
North Dakota prohibits employment discrimination through both state and federal law. The North Dakota Human Rights Act provides the primary state-level framework for anti-discrimination protections, while federal statutes provide additional protections applicable throughout the United States.
State Framework:
The North Dakota Human Rights Act establishes state policy against discrimination and outlines prohibited discriminatory practices.
According to North Dakota Century Code § 14-02.4-01:
“It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer; to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination or coerce others to discriminate.”
Source: North Dakota Human Rights Act
Citation: N.D.C.C. § 14-02.4-01
Title: State policy against discrimination
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Enforcement Agency:
The North Dakota Department of Labor and Human Rights enforces the North Dakota Human Rights Act through its Division of Human Rights.
Source: North Dakota Department of Labor and Human Rights
Official website: https://www.nd.gov/labor/
Human Rights information: https://www.nd.gov/labor/human-rights
Last verified: January 7, 2026
Recent Development:
The North Dakota Department of Labor and Human Rights now accepts and investigates charges of discrimination based on sexual orientation and gender identity.
Source: NDDOLHR announcement
Available at: https://www.nd.gov/labor/north-dakota-statute-and-administrative-code
Last verified: January 7, 2026
3.2 Protected Classes Under North Dakota Law
State Protected Classes:
According to the North Dakota Human Rights Act, N.D.C.C. § 14-02.4-03, it is a discriminatory practice for an employer to discriminate based on:
Protected characteristics under state law:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, and related medical conditions)
- National origin
- Age (40 years and older)
- Physical or mental disability
- Status with respect to marriage or public assistance
- Participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer
Source: North Dakota Human Rights Act
Citation: N.D.C.C. § 14-02.4-03
Title: Employer’s discriminatory practices
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Definition of Protected Terms:
According to N.D.C.C. § 14-02.4-02:
Age: “Age insofar as it refers to any prohibited unfair employment or other practice means at least forty years of age.”
Disability: “Disability means a physical or mental impairment that substantially limits one or more major life activities, a record of this impairment, or being regarded as having this impairment.”
Sex: “Sex includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth.”
National origin: “National origin means the place of birth of an individual or any of the individual’s lineal ancestors.”
Source: N.D.C.C. § 14-02.4-02
Title: Definitions
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Federal Protected Classes:
Federal anti-discrimination laws provide protections that apply in all states, including North Dakota.
Title VII of the Civil Rights Act (42 U.S.C. § 2000e) prohibits discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
Source: Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e-2
Official text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Last verified: January 7, 2026
Age Discrimination in Employment Act (29 U.S.C. § 621) prohibits discrimination based on:
- Age (40 years and older)
Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Last verified: January 7, 2026
Americans with Disabilities Act (42 U.S.C. § 12101) prohibits discrimination based on:
- Disability
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://www.eeoc.gov/statutes/americans-disabilities-act-1990
Last verified: January 7, 2026
Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff) prohibits discrimination based on:
- Genetic information
Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
Last verified: January 7, 2026
3.3 Prohibited Discriminatory Practices
Employer Discriminatory Practices:
According to N.D.C.C. § 14-02.4-03(1):
“It is a discriminatory practice for an employer to fail or refuse to hire an individual; to discharge an employee; or to accord adverse or unequal treatment to an individual or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or a term, privilege, or condition of employment, because of race, color, religion, sex, national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer.”
Source: N.D.C.C. § 14-02.4-03(1)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Employment Agency Discriminatory Practices:
According to N.D.C.C. § 14-02.4-04:
“It is a discriminatory practice for an employment agency to accord adverse or unequal treatment to a person in connection with an application for employment, referral, or request for assistance in procurement of employees because of race, color, religion, sex, national origin, age, physical or mental disability, or status with respect to marriage or public assistance, or to accept a listing of employment on that basis.”
Source: N.D.C.C. § 14-02.4-04
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Labor Organization Discriminatory Practices:
According to N.D.C.C. § 14-02.4-05:
“It is a discriminatory practice for a labor organization to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend, or otherwise discipline a member; or to accord adverse, unlawful, or unequal treatment to a person with respect to the person’s hiring, apprenticeship, training, tenure, compensation, upgrading, layoff, or a term or condition of employment because of race, color, religion, sex, national origin, age, physical or mental disability, or status with respect to marriage or public assistance.”
Source: N.D.C.C. § 14-02.4-05
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Discriminatory Advertising:
According to N.D.C.C. § 14-02.4-06:
“It is a discriminatory practice for an employer, employment agency, or labor organization, or the employees, agents, or members thereof directly or indirectly to advertise or in any other manner indicate or publicize that individuals of a particular race, color, religion, sex, national origin, age, physical or mental disability, or status with respect to marriage or public assistance, or who participate in lawful activity off the employer’s premises during nonworking hours which activity is not in direct conflict with the essential business-related interests of the employer, are unwelcome, objectionable, not acceptable, or not solicited.”
Source: N.D.C.C. § 14-02.4-06
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
3.4 Sexual Harassment
Definition and Legal Framework:
According to the North Dakota Human Rights Act, N.D.C.C. § 14-02.4-02(6):
Sexual harassment is included within the definition of “discriminatory practice” and encompasses:
“Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
a. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, or education;
b. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education, or housing; or
c. That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations, public services, or educational environment; and in the case of employment, the employer is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.”
Source: North Dakota Human Rights Act
Citation: N.D.C.C. § 14-02.4-02(6)
Title: Definitions – Discriminatory practice
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Types of Sexual Harassment:
Quid Pro Quo Harassment:
Occurs when submission to or rejection of sexual conduct is used as a basis for employment decisions. This includes situations where:
- Employment benefits are conditioned on sexual favors
- Rejection of advances results in adverse employment action
- Promotion or job retention depends on sexual submission
Hostile Work Environment:
Occurs when sexual conduct substantially interferes with an individual’s work environment. This includes situations where:
- Unwelcome sexual advances create an intimidating atmosphere
- Sexually motivated physical conduct affects job performance
- Verbal or physical conduct of a sexual nature is pervasive
Employer Liability:
According to the statute, “the employer is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.”
Key elements of employer liability:
- Constructive knowledge standard (knows or should know)
- Responsibility for supervisory employee actions
- Requirement for timely and appropriate remedial action
- Duty to prevent and address harassment
Harassment Training Requirements:
North Dakota does not mandate sexual harassment training for employers.
Search conducted:
- North Dakota Century Code Title 34: https://ndlegis.gov/cencode/t34.html
- North Dakota Human Rights Act: https://ndlegis.gov/cencode/t14c02-4.pdf
- North Dakota Department of Labor website: https://www.nd.gov/labor/
- Search terms: “harassment training”, “sexual harassment training requirement”
- Date: January 7, 2026
- Result: No state-mandated harassment training requirement found
Note: North Dakota does not legally require harassment prevention training for employers.
3.5 Equal Pay Requirements
North Dakota law requires equal pay for men and women performing comparable work.
Statutory Requirement:
According to North Dakota Century Code Chapter 34-06.1, the Equal Pay for Men and Women Act:
The North Dakota Equal Pay Act requires that men and women be paid equally for comparable work on jobs that have comparable requirements relating to skill, effort, and responsibility.
Source: North Dakota Equal Pay for Men and Women Act
Citation: N.D.C.C. Chapter 34-06.1
Official text: https://ndlegis.gov/cencode/t34c06-1.pdf
Last verified: January 7, 2026
Permitted Wage Differences:
Differences in wages paid according to the following are permissible:
- Established seniority system
- System measuring earnings by quantity or quality of production
- Merit system
- Bona fide factor other than gender (such as education, training, or experience)
Source: N.D.C.C. § 34-06.1
Available at: https://ndlegis.gov/cencode/t34.html
3.6 Pregnancy Accommodation Requirements
State Law Requirement:
According to N.D.C.C. § 14-02.4-03(2):
“It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”
The statute further provides that pregnancy accommodation requirements do not require employers to:
- Disrupt or interfere with normal business operations
- Threaten an individual’s health or safety
- Contradict a business necessity of the employer
- Impose an undue hardship on the employer
Source: N.D.C.C. § 14-02.4-03(2)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Definition:
According to N.D.C.C. § 14-02.4-03(2):
“For purposes of this subsection, ‘pregnant’ includes pregnancy, childbirth, and related medical conditions.”
Federal Protections:
The Pregnancy Discrimination Act (amendment to Title VII) also prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Source: Pregnancy Discrimination Act
Citation: 42 U.S.C. § 2000e(k)
Official text: https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978
Last verified: January 7, 2026
Reasonable Accommodations
4.1 Disability Accommodation Requirements
Both North Dakota state law and federal law require employers to provide reasonable accommodations for qualified individuals with disabilities.
State Law Requirements:
According to N.D.C.C. § 14-02.4-03(2):
“It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”
Source: N.D.C.C. § 14-02.4-03(2)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Definition of Disability:
According to N.D.C.C. § 14-02.4-02(5):
“Disability means a physical or mental impairment that substantially limits one or more major life activities, a record of this impairment, or being regarded as having this impairment.”
Source: N.D.C.C. § 14-02.4-02(5)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Definition of Otherwise Qualified Person:
According to N.D.C.C. § 14-02.4-02(12):
“Otherwise qualified person means a person who is capable of performing the essential functions of the particular employment in question.”
Source: N.D.C.C. § 14-02.4-02(12)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Definition of Reasonable Accommodations:
According to N.D.C.C. § 14-02.4-02(17):
“Reasonable accommodations means accommodations by an employer that do not:
a. Unduly disrupt or interfere with the employer’s normal operations; b. Threaten the health or safety of the individual with a disability or others; c. Contradict a business necessity of the employer; or d. Impose undue hardship on the employer, based on the size of the employer’s business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation.”
Source: N.D.C.C. § 14-02.4-02(17)
Title: Definitions – Reasonable accommodations
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Federal Requirements:
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities.
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111 et seq.
Official text: https://www.eeoc.gov/statutes/americans-disabilities-act-1990
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Last verified: January 7, 2026
4.2 Interactive Process
The interactive process is an informal dialogue between employer and employee to identify effective reasonable accommodations.
Process Overview:
While North Dakota statutes do not explicitly outline interactive process steps, the process generally involves:
- Employee requests accommodation or employer becomes aware of need
- Employer gathers information about limitations and potential accommodations
- Both parties discuss options for reasonable accommodations
- Employer evaluates accommodations for effectiveness and reasonableness
- Employer implements accommodation or explains why accommodation would cause undue hardship
Federal Guidance:
According to EEOC guidance on reasonable accommodation:
“To determine the appropriate reasonable accommodation it may be necessary for the employer to initiate an informal, interactive process with the individual with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.”
Source: U.S. Equal Employment Opportunity Commission
Document: Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Last verified: January 7, 2026
4.3 Undue Hardship Exception
Employers are not required to provide accommodations that would impose an undue hardship.
North Dakota Standard:
According to the definition of “reasonable accommodations” in N.D.C.C. § 14-02.4-02(17), accommodations are not reasonable if they:
“Impose undue hardship on the employer, based on the size of the employer’s business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation.”
Factors for undue hardship determination:
- Size of employer’s business
- Type of business
- Financial resources of employer
- Estimated cost of accommodation
- Extent of accommodation required
Source: N.D.C.C. § 14-02.4-02(17)(d)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Federal Standard:
Under the ADA, undue hardship means significant difficulty or expense considering:
- Nature and cost of accommodation
- Overall financial resources of the facility
- Number of persons employed at facility
- Effect on expenses and resources
- Overall financial resources of covered entity
- Overall size of business
- Type of operation
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
4.4 Religious Accommodations
North Dakota law requires reasonable accommodations for religious observances and practices.
State Law Requirement:
According to N.D.C.C. § 14-02.4-03(2):
“It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”
Source: N.D.C.C. § 14-02.4-03(2)
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
The same limitations apply as for disability accommodations – employers need not provide accommodations that would disrupt operations, threaten health or safety, contradict business necessity, or impose undue hardship.
Federal Requirements:
Title VII of the Civil Rights Act requires employers to reasonably accommodate employees’ religious observances, practices, and beliefs unless doing so would cause undue hardship on business operations.
Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation
Last verified: January 7, 2026
4.5 How to Request Accommodations
For Employees:
When requesting accommodations in North Dakota:
- Inform employer of need for accommodation – Can be verbal or written request
- Explain the limitation – Describe how disability, pregnancy, or religious practice creates workplace limitation
- Suggest potential accommodations – Employees may propose specific accommodations, though employer determines what accommodation to provide
- Provide supporting documentation if requested – Medical documentation or other verification may be necessary
- Participate in interactive process – Engage in good faith dialogue about accommodation options
- Follow up in writing – Document accommodation request and employer response
For Employers:
When responding to accommodation requests:
- Acknowledge request promptly – Respond to accommodation requests in timely manner
- Engage in interactive process – Initiate dialogue to understand limitations and explore options
- Gather necessary information – Request medical documentation or other verification if needed
- Evaluate accommodation options – Consider effectiveness and reasonableness of potential accommodations
- Make determination – Approve effective accommodation or explain undue hardship
- Document process – Maintain records of request, interactive process, and determination
- Implement accommodation – Put approved accommodation into effect
- Monitor and adjust – Assess accommodation effectiveness and modify if needed
Employer Obligations in North Dakota
5.1 Required Workplace Postings
North Dakota law and federal law require employers to display specific posters in locations accessible to all employees.
State-Required Posters:
According to the North Dakota Department of Labor and Human Rights:
“State and Federal law require employers to post the following posters in an area readily accessible to all employees.”
Required state posters:
- North Dakota Minimum Wage and Work Conditions Summary Poster
- Job Service North Dakota Unemployment Insurance Poster
Source: North Dakota Department of Labor and Human Rights
Available at: https://www.nd.gov/labor/required-employer-posters
Poster downloads: https://www.nd.gov/labor/education-and-other-resources
Last verified: January 7, 2026
ND Minimum Wage & Work Conditions Summary Poster:
This poster summarizes:
- Minimum wage requirements
- Overtime provisions
- Meal break requirements
- Exemptions from minimum wage and overtime
- Tip credit provisions
- Wage payment requirements
- Youth employment restrictions
Spanish version available: https://www.nd.gov/labor/required-employer-posters
Job Service North Dakota Unemployment Insurance Poster:
Source: Job Service North Dakota
Information: https://www.jobsnd.com/
Federally-Required Posters:
According to the North Dakota Department of Labor:
“Some employers may be required by Federal law to post additional posters, in addition to the ones listed above.”
Common federal poster requirements:
- Fair Labor Standards Act (FLSA) Minimum Wage Poster – Required for covered employers
- Employee Polygraph Protection Act – Required for most private employers
- Family and Medical Leave Act (FMLA) – Required for covered employers with 50+ employees
- Equal Employment Opportunity (EEO) Poster – Required for employers with 15+ employees
- Occupational Safety and Health Act (OSHA) Poster – Required for most employers
Source: U.S. Department of Labor
Poster information: https://www.dol.gov/general/topics/posters
Last verified: January 7, 2026
Posting Location Requirements:
Posters must be displayed:
- In conspicuous locations accessible to all employees
- Where employees can readily see them
- In sufficient quantity for entire workforce to view
- In languages employees speak if non-English speaking workforce
5.2 Recordkeeping Requirements
Employee Records:
According to North Dakota Administrative Code § 46-02-07-02:
Employers must maintain registers of all employees including:
- Names and addresses
- Pay and pay rates
- Hours worked
- Job classifications
- Terms and conditions of employment
Retention period: Throughout employment and for 2 years following employment termination
Source: N.D. Admin. Code § 46-02-07-02
Referenced in: ND Minimum Wage & Work Conditions Summary Poster
Available at: https://www.nd.gov/labor/sites/www/files/documents/Min%20Wage%20Poster%20-%20Be%20Legenday%20Logo.pdf
Last verified: January 7, 2026
Inspection Rights:
Records must be ready for inspection by the Labor Commissioner or authorized representatives at any time.
Federal Recordkeeping Requirements:
Fair Labor Standards Act Requirements:
Employers must maintain records for each covered employee including:
- Employee identification
- Hours worked each workday and workweek
- Total wages paid each pay period
- Date of payment
- Pay period covered
Retention period: 3 years for payroll records, 2 years for time cards and wage computation records
Source: U.S. Department of Labor, Wage and Hour Division
Citation: 29 C.F.R. § 516
Official text: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping
Last verified: January 7, 2026
Form I-9 Requirements:
All employers must verify employment eligibility and maintain Form I-9 for each employee.
Retention period: 3 years from date of hire or 1 year after termination, whichever is later
Source: U.S. Citizenship and Immigration Services
Official guidance: https://www.uscis.gov/i-9
Last verified: January 7, 2026
5.3 New Hire Reporting
North Dakota requires employers to report new hires to facilitate child support enforcement.
Reporting Requirements:
Employers must report newly hired employees to the North Dakota Child Support Division.
Information required:
- Employee name
- Employee address
- Employee Social Security Number
- Employer name
- Employer address
- Employer Federal Employer Identification Number (FEIN)
Reporting deadline: Within 20 days of hire
Source: North Dakota Child Support Division
Available at: https://www.nd.gov/hhs/childsupport/employers
Last verified: January 7, 2026
How to Report:
New hire information may be submitted:
- Online through the Child Support Division website
- By mail
- By fax
Source: North Dakota Health and Human Services
Information: https://www.hhs.nd.gov/childsupport/employers
Last verified: January 7, 2026
5.4 Employment Verification (Form I-9)
Federal Requirement:
All U.S. employers must verify the identity and employment authorization of all employees hired after November 6, 1986, by completing Form I-9.
Source: U.S. Citizenship and Immigration Services
Citation: 8 U.S.C. § 1324a
Form I-9 information: https://www.uscis.gov/i-9
Last verified: January 7, 2026
North Dakota E-Verify Status:
According to research of North Dakota statutes:
“North Dakota places no additional employment verification procedures on employers beyond federal I-9 compliance. There is no requirement to use E-Verify under North Dakota state laws.”
Source: N.D. Cent. Code § 34-01-15 (no E-Verify mandate)
Last verified: January 7, 2026
North Dakota does not mandate E-Verify participation for private employers. However, federal contractors may be required to use E-Verify under federal contract requirements.
5.5 Independent Contractor Verification
North Dakota provides a process for verifying independent contractor status.
State Process:
According to N.D. Cent. Code §§ 34-06.1-01 et seq.:
“The commissioner of the Department of Labor and Human Rights receives applications for independent contractor status and makes a determination based on the ‘common law’ test.”
Verification process:
- Individual applies for independent contractor determination
- Commissioner evaluates using common law test
- If verified, individual receives identification number
- Identification number becomes invalid if job changes
- Individual may reapply if job changes
Source: N.D. Cent. Code §§ 34-06.1-01 et seq.
Department information: https://www.nd.gov/labor/wage-and-hour-topics/independent-contractor-verification
Last verified: January 7, 2026
Importance:
Proper classification as employee or independent contractor affects:
- Tax withholding obligations
- Unemployment insurance coverage
- Workers’ compensation requirements
- Wage and hour law applicability
- Benefits eligibility
Filing Complaints
6.1 When to File a Complaint
Employees or applicants may file complaints when they believe violations of employment law have occurred.
Appropriate situations for filing:
Wage and Hour Violations:
- Unpaid wages or final paycheck
- Minimum wage violations
- Unpaid overtime
- Unauthorized paycheck deductions
- Missing meal breaks
- Missing pay statements
Discrimination:
- Adverse employment action based on protected class
- Harassment creating hostile work environment
- Denied reasonable accommodation
- Retaliation for protected activity
Other Violations:
- Unsafe working conditions
- Family and medical leave interference
- Whistleblower retaliation
6.2 North Dakota Department of Labor and Human Rights
The North Dakota Department of Labor and Human Rights enforces state labor and human rights laws.
Agency Information:
Official name: North Dakota Department of Labor and Human Rights
Main contact: 600 E. Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340
Phone: (701) 328-2660
Toll-free: (800) 582-8032
TTY: (800) 366-6888
Website: https://www.nd.gov/labor/
Email: labor@nd.gov
Office hours: Monday-Friday, 8:00 AM – 5:00 PM (Central Time)
Source: North Dakota Department of Labor and Human Rights
Contact page: https://www.nd.gov/labor/
Last verified: January 7, 2026
Wage Claims:
Employees who believe they are owed wages may file a wage claim.
How to file:
Online filing available at: https://www.nd.gov/labor/wage-and-hour-topics/wage-claim
Required information:
- Employee personal information
- Employer information
- Description of wage dispute
- Amount claimed
- Pay period and dates
- Supporting documentation
Source: ND Department of Labor and Human Rights
Wage claim information: https://www.nd.gov/labor/wage-and-hour-topics/wage-claim
Last verified: January 7, 2026
Complaint Inquiry:
For concerns about potential law violations (not seeking collection):
Complaint inquiry form available at: https://www.nd.gov/labor/wage-and-hour-topics/complaint-inquiry
Covers issues such as:
- Final paycheck violations
- Break violations
- Youth employment violations
- Other wage and hour concerns
Source: ND Department of Labor and Human Rights
Complaint inquiry page: https://www.nd.gov/labor/wage-and-hour-topics/complaint-inquiry
Last verified: January 7, 2026
Human Rights Complaints:
Discrimination complaints:
Employees experiencing discrimination may file complaints with the Division of Human Rights.
Complaint process:
- File written complaint with Department
- Department investigates allegations
- Department determines probable cause
- If probable cause found, informal conciliation attempted
- If conciliation fails, administrative hearing or court action
Time limits:
According to N.D.C.C. § 14-02.4-19:
Public services/public accommodations: 180 days from alleged act
Employment/housing/credit discrimination: 300 days from alleged act
If complaint filed with Department first, additional time allowed for court action after Department dismisses or issues probable cause determination.
Source: N.D.C.C. § 14-02.4-19
Title: Actions – Limitations
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Last verified: January 7, 2026
Contact for human rights complaints:
North Dakota Department of Labor and Human Rights
Division of Human Rights
Website: https://www.nd.gov/labor/human-rights
Phone: (701) 328-2660 or (800) 582-8032
6.3 Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws including Title VII, ADA, ADEA, and GINA.
EEOC Office Serving North Dakota:
Minneapolis Area Office Towle Building 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224
Phone: (800) 669-4000
TTY: (800) 669-6820
Online: Public Portal at https://publicportal.eeoc.gov/
Source: U.S. Equal Employment Opportunity Commission
Office information: https://www.eeoc.gov/field-office/minneapolis/location
Last verified: January 7, 2026
Filing Deadlines:
EEOC charge filing deadline: 300 days from discriminatory act (in states with fair employment agencies like North Dakota)
Source: EEOC
Filing information: https://www.eeoc.gov/filing-charge-discrimination
Last verified: January 7, 2026
How to File:
Charges may be filed:
- Online through EEOC Public Portal
- By mail to appropriate EEOC office
- In person at EEOC office
- Through state fair employment agency (dual filing)
Source: EEOC
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination
Last verified: January 7, 2026
6.4 U.S. Department of Labor
Wage and Hour Division:
The WHD enforces federal wage and hour laws including FLSA.
Office Serving North Dakota:
Minneapolis District Office Towle Building 330 South Second Avenue, Suite 744 Minneapolis, MN 55401-2233
Phone: (612) 370-3341
Toll-free: (866) 4-US-WAGE (866-487-9243)
Website: https://www.dol.gov/agencies/whd
Source: U.S. Department of Labor, Wage and Hour Division
Office locations: https://www.dol.gov/agencies/whd/contact/local-offices
Last verified: January 7, 2026
To File Complaint:
Online: https://www.dol.gov/agencies/whd/contact/complaints
By phone: (866) 4-US-WAGE (866-487-9243)
Source: U.S. Department of Labor
Complaint information: https://www.dol.gov/agencies/whd/contact/complaints
Last verified: January 7, 2026
6.5 Occupational Safety and Health Administration (OSHA)
OSHA enforces workplace safety and health standards.
OSHA Office Serving North Dakota:
Bismarck Area Office 1200 Missouri Avenue, Room 252 Bismarck, ND 58504
Phone: (701) 250-4521
Fax: (701) 250-4520
Source: U.S. Department of Labor, OSHA
Office information: https://www.osha.gov/contactus/bystate/ND/areaoffice
Last verified: January 7, 2026
Filing Safety Complaints:
Online: https://www.osha.gov/workers/file-complaint
By phone: (800) 321-OSHA (6742)
Source: OSHA
Complaint information: https://www.osha.gov/workers/file-complaint
Last verified: January 7, 2026
6.6 Private Lawsuits
Employees may file private lawsuits in court for certain employment law violations.
North Dakota District Courts:
Employment law cases are typically filed in district court in the judicial district where:
- The unlawful practice occurred
- Records relevant to the practice are maintained
- The employee would have worked
Source: N.D.C.C. § 14-02.4-19
Official text: https://ndlegis.gov/cencode/t14c02-4.pdf
Court Information:
North Dakota Supreme Court (Administrative Office)
Website: https://www.ndcourts.gov/
District Court Locations: https://www.ndcourts.gov/district-court
Source: North Dakota Court System
Last verified: January 7, 2026
When Private Lawsuits Are Appropriate:
Private lawsuits may be filed for:
- Breach of employment contract
- Discrimination under state or federal law
- Wage and hour violations
- Wrongful termination
- Other employment-related claims
Important considerations:
- Statutes of limitations apply
- Administrative remedies may be required first
- Attorney representation typically advisable
- Legal counsel should be consulted
Remote Work in North Dakota
7.1 Key Considerations for Remote Work in North Dakota
Remote work arrangements are subject to North Dakota employment laws when work is physically performed in North Dakota.
Applicability of North Dakota Law:
According to general legal principles and North Dakota Department of Labor guidance:
“Minimum wage typically applies based on where work is physically performed. A worker performing work from a location in North Dakota would generally be subject to North Dakota minimum wage. Employer location is generally not the determining factor.”
Source: North Dakota Department of Labor and Human Rights
General guidance: https://www.nd.gov/labor/
Last verified: January 7, 2026
Key Remote Work Compliance Considerations:
Wage and Hour:
- Minimum wage applies based on work location ($7.25/hour in North Dakota)
- Overtime must be paid for hours over 40/week
- Accurate time tracking required
- Meal break requirements apply when 2+ employees on duty
Workplace Safety:
- OSHA requirements may apply to home offices
- Employers should address ergonomic concerns
- Workers’ compensation coverage typically applies
Anti-Discrimination:
- All anti-discrimination laws apply to remote workers
- Reasonable accommodations required
- Harassment policies cover remote interactions
No Local Variations:
North Dakota does not currently have cities or counties with minimum wages higher than the state rate.
Source: North Dakota Department of Labor and Human Rights
Available at: https://www.nd.gov/labor/
Last verified: January 7, 2026
7.2 Remote Work Requests and Return-to-Office
Right to Request Remote Work:
North Dakota does not have a statutory right to request remote work arrangements.
Search conducted:
- North Dakota Century Code: https://ndlegis.gov/
- North Dakota Department of Labor: https://www.nd.gov/labor/
- Search terms: “right to request”, “flexible working”, “remote work right”
- Date: January 7, 2026
- Result: No state law establishing right to request remote work
For North Dakota employees:
Remote work arrangements are determined by:
- Employer policy and discretion
- Employment contract terms
- Collective bargaining agreements (if applicable)
- Reasonable accommodation requirements (for disabilities, pregnancy, religion)
Return-to-Office Mandates:
Employers in North Dakota generally may require employees to return to office, subject to:
- Employment contract terms
- Reasonable accommodation obligations
- Anti-discrimination laws
- Good faith obligations
Reasonable Accommodation Context:
Remote work may be a reasonable accommodation for qualified individuals with disabilities under:
- North Dakota Human Rights Act (N.D.C.C. § 14-02.4-03)
- Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
Employees requesting remote work as a disability accommodation should follow reasonable accommodation request procedures.
2026 Updates and Recent Changes
8.1 Recent North Dakota Legislative Developments
State Employee New Hire Leave (Effective May 1, 2026):
According to 2025 North Dakota Laws H.B. 1170:
“Beginning May 1, 2026, state employers of individuals not employed under a written contract must provide such individuals 40 hours of new hire leave to use within the first year of employment.”
Source: ND LEGIS H.B. 1170 (2025)
Citation: 2025 North Dakota Laws H.B. 1170
Last verified: January 7, 2026
Note: This provision applies to state government employees, not private sector employees.
8.2 Sexual Orientation and Gender Identity Protections
The North Dakota Department of Labor and Human Rights announced acceptance and investigation of discrimination charges based on sexual orientation and gender identity.
Source: NDDOLHR announcement
Available at: https://www.nd.gov/labor/north-dakota-statute-and-administrative-code
Last verified: January 7, 2026
This represents an expansion of enforcement beyond explicit statutory protected classes.
8.3 Monitoring for Updates
Official Sources for Updates:
North Dakota Legislative Branch:
Website: https://ndlegis.gov/
Current session information: 69th Legislative Assembly updates available online
Bill tracking: Session laws and bill histories available at https://ndlegis.gov/
Source: North Dakota Legislative Branch
Last verified: January 7, 2026
North Dakota Department of Labor and Human Rights:
Website: https://www.nd.gov/labor/
Updates on:
- Administrative rule changes
- Enforcement guidance
- Minimum wage changes (if enacted)
- Policy developments
Source: ND Department of Labor and Human Rights
Last verified: January 7, 2026
69th Legislative Assembly Special Session:
A special session was scheduled for January 21, 2026, by executive order.
Source: North Dakota Legislative Branch
Information: https://ndlegis.gov/
Last verified: January 7, 2026
Resources
10.1 North Dakota Government Agencies
North Dakota Department of Labor and Human Rights
Primary agency for labor and employment law enforcement
Address: 600 E. Boulevard Avenue, Dept. 406, Bismarck, ND 58505-0340
Phone: (701) 328-2660
Toll-free: (800) 582-8032
TTY: (800) 366-6888
Email: labor@nd.gov
Website: https://www.nd.gov/labor/
Services: Wage claims, discrimination complaints, employment law education, independent contractor verification, youth employment permits
Office hours: Monday-Friday, 8:00 AM – 5:00 PM Central Time
Job Service North Dakota
Unemployment insurance and workforce services
Phone: (701) 328-2825
Toll-free: (800) 732-9787
TTY: (800) 366-6888
Website: https://www.jobsnd.com/
Services: Unemployment insurance, job placement, workforce development
North Dakota Workforce Safety and Insurance
Workers’ compensation
Phone: (701) 328-3800
Toll-free: (800) 777-5033
Website: https://www.workforcesafety.com/
Services: Workers’ compensation insurance, workplace safety programs
North Dakota Attorney General’s Office
Legal services and consumer protection
Phone: (701) 328-2210
Toll-free: (800) 472-2600
Website: https://attorneygeneral.nd.gov/
North Dakota Secretary of State
Business services and corporate filings
Phone: (701) 328-2900
Website: https://sos.nd.gov/
10.2 Federal Agencies
U.S. Equal Employment Opportunity Commission (EEOC)
Minneapolis Area Office (serving North Dakota)
Address: Towle Building, 330 South Second Avenue, Suite 720, Minneapolis, MN 55401-2224
Phone: (800) 669-4000
TTY: (800) 669-6820
Website: https://www.eeoc.gov/
Online portal: https://publicportal.eeoc.gov/
Services: Federal discrimination complaint filing and enforcement
U.S. Department of Labor – Wage and Hour Division
Minneapolis District Office (serving North Dakota)
Address: Towle Building, 330 South Second Avenue, Suite 744, Minneapolis, MN 55401-2233
Phone: (612) 370-3341
Toll-free: (866) 4-US-WAGE (866-487-9243)
Website: https://www.dol.gov/agencies/whd
Services: Federal wage and hour law enforcement, FLSA compliance
U.S. Department of Labor – OSHA
Bismarck Area Office
Address: 1200 Missouri Avenue, Room 252, Bismarck, ND 58504
Phone: (701) 250-4521
Website: https://www.osha.gov/
Services: Workplace safety enforcement, safety complaints, safety training
U.S. Department of Labor – Office of Federal Contract Compliance Programs (OFCCP)
Chicago District Office (serving North Dakota)
Phone: (312) 596-7010
Website: https://www.dol.gov/agencies/ofccp
Services: Federal contractor compliance
10.3 Key North Dakota Statutes and Regulations
North Dakota Century Code Title 34 – Labor and Employment
Available at: https://ndlegis.gov/cencode/t34.html
Chapters include:
- Chapter 34-01: General Provisions
- Chapter 34-02: Obligations of Employer and Employee
- Chapter 34-03: Termination of Employment
- Chapter 34-06: Minimum Wages and Hours
- Chapter 34-06.1: Equal Pay for Men and Women
- Chapter 34-14: Wage Collection
North Dakota Century Code Chapter 14-02.4 – Human Rights Act
Available at: https://ndlegis.gov/cencode/t14c02-4.pdf
North Dakota Administrative Code Chapter 46-02-07 – Minimum Wage and Work Conditions
Referenced in: ND Minimum Wage & Work Conditions Summary Poster
Available through: https://www.nd.gov/labor/
10.4 Additional Legal Resources
For Legal Advice
Employment law situations can involve complex fact-specific analysis. Individuals facing employment law issues should consult with qualified legal professionals.
To find an attorney:
Contact the North Dakota Department of Labor and Human Rights for information about filing complaints and enforcement procedures, or consult private legal counsel.
North Dakota Department of Labor and Human Rights
Phone: (701) 328-2660 or (800) 582-8032
Website: https://www.nd.gov/labor/
10.5 Additional Resources
U.S. Department of Labor – Resources
General employment law information: https://www.dol.gov/
Compliance assistance: https://www.dol.gov/general/topics
Fact sheets and guidance: https://www.dol.gov/agencies/whd/fact-sheets
EEOC Resources
Filing discrimination charges: https://www.eeoc.gov/filing-charge-discrimination
Know your rights: https://www.eeoc.gov/employees-job-applicants
Small business information: https://www.eeoc.gov/employers/small-business
OSHA Resources
Worker rights: https://www.osha.gov/workers
Employer responsibilities: https://www.osha.gov/employers
Filing complaints: https://www.osha.gov/workers/file-complaint
Frequently Asked Questions - North Dakota Employment Law
1. What is employment law in North Dakota?
Employment law in North Dakota is the body of state and federal laws governing the relationship between employers and employees. This includes wage and hour requirements, anti-discrimination protections, workplace safety standards, and other regulations affecting employment relationships. North Dakota’s primary employment statutes are found in Title 34 of the North Dakota Century Code and Chapter 14-02.4 (Human Rights Act).
2. What is the difference between labor law and employment law?
Employment law governs individual employee rights such as wages, discrimination, and workplace safety. Labor law specifically addresses collective bargaining relationships between employers and unions. Employment law applies to all workers in North Dakota, while labor law primarily affects unionized workplaces.
3. Is North Dakota an at-will employment state?
Yes. According to North Dakota Century Code § 34-03-01, “An employment having no specified term may be terminated at the will of either party on notice to the other.” This means employers can terminate employees without cause, and employees can quit without cause. Exceptions exist for discrimination, retaliation, public policy violations, and written employment contracts.
4. What is the minimum wage in North Dakota in 2026?
The minimum wage in North Dakota is $7.25 per hour, matching the federal minimum wage. This rate has been in effect since July 24, 2009. For tipped employees, the minimum direct wage is $4.86 per hour (33% of minimum wage), with tips bringing total compensation to at least $7.25 per hour.
5. Does North Dakota require overtime pay?
Yes. North Dakota follows federal overtime requirements under the Fair Labor Standards Act. Non-exempt employees must be paid one and one-half times their regular rate for hours worked over 40 in a workweek. Certain exemptions apply for executive, administrative, professional, and other specified employees.
6. Are meal breaks and rest breaks required in North Dakota?
North Dakota requires a minimum 30-minute meal break for shifts exceeding 5 hours when 2 or more employees are on duty. Employers need not pay for meal breaks if employees are completely relieved of duties. Rest breaks (such as 15-minute breaks) are not required by law, but if offered must be paid.
7. What are my rights as an employee in North Dakota?
North Dakota employees have rights to: minimum wage and overtime pay, meal breaks (when applicable), protection from discrimination based on protected classes, reasonable accommodations for disabilities and pregnancy, safe working conditions, final paycheck payment upon termination, and protection from retaliation for exercising legal rights.
8. Can my employer fire me for any reason in North Dakota?
Generally yes, due to at-will employment. However, termination cannot be based on: race, color, religion, sex, national origin, age, disability, marital status, public assistance status, participation in lawful off-duty activities, or retaliation for protected activities like filing discrimination complaints or whistleblowing.
9. How do I file a discrimination complaint in North Dakota?
File with the North Dakota Department of Labor and Human Rights Division of Human Rights within 300 days of the discriminatory act. Contact: (701) 328-2660 or visit https://www.nd.gov/labor/human-rights. You may also file with the federal EEOC within 300 days at https://www.eeoc.gov/ or (800) 669-4000.
10. Can I request remote work as a reasonable accommodation?
Potentially yes, under disability accommodation requirements. If you have a disability that creates workplace limitations, remote work may be a reasonable accommodation if it would allow you to perform essential job functions and does not create undue hardship for your employer. Submit an accommodation request to your employer explaining your limitations and proposed accommodation.
11. What are employer obligations in North Dakota?
Employers must: pay at least minimum wage and overtime, provide required meal breaks, pay employees at least monthly, provide pay statements, post required notices, verify employment eligibility (Form I-9), report new hires, maintain employee records, provide reasonable accommodations, prohibit discrimination and harassment, and comply with workplace safety standards.
12. What workplace posters are required in North Dakota?
State-required posters: North Dakota Minimum Wage and Work Conditions Summary and Job Service North Dakota Unemployment Insurance. Federal posters may include: FLSA Minimum Wage, Employee Polygraph Protection, FMLA (if applicable), EEO, and OSHA. All posters must be displayed in locations accessible to all employees. Download free posters at https://www.nd.gov/labor/required-employer-posters.
13. How long must employers keep employment records?
North Dakota requires employers to maintain employee records throughout employment and for 2 years after termination. Federal law requires: payroll records for 3 years, time cards and wage computations for 2 years, and Form I-9 for 3 years from hire or 1 year after termination (whichever is later).
14. Does North Dakota require paid sick leave?
No. North Dakota does not mandate paid sick leave for private sector employees. Paid sick leave policies are determined by employer discretion, employment contracts, or collective bargaining agreements. Federal law also does not require paid sick leave for private sector workers.
15. What remote work protections exist in North Dakota?
North Dakota employment laws apply when work is physically performed in the state, regardless of employer location. This includes minimum wage, overtime, meal breaks, anti-discrimination protections, and reasonable accommodation requirements. However, North Dakota does not have a statutory right to request remote work arrangements.