North Dakota Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 11, 2026
Last Reviewed: February 11, 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 Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in North Dakota
- Current Minimum Wage Rates in North Dakota 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in North Dakota
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- North Dakota Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in North Dakota establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, North Dakota adopts the federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. The state permits employers to utilize a tip credit for tipped employees, paying a reduced cash wage of $4.86 per hour when combined tips bring total compensation to at least the minimum wage.
Minimum wage regulations in North Dakota operate under North Dakota Century Code Chapter 34-06 alongside federal requirements established by the Fair Labor Standards Act (FLSA). When federal minimum wage rates equal or exceed the state standard, employers must comply with the federal rate. North Dakota law prohibits cities and counties from enacting minimum wage ordinances that exceed the state rate, ensuring a uniform statewide wage floor. The North Dakota Department of Labor and Human Rights administers and enforces these requirements through North Dakota Administrative Code Chapter 46-02-07.
This page provides an authoritative overview of North Dakota minimum wage law for 2026, including current rates, tipped employee provisions, subminimum wage certificates, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| North Dakota Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | $7.25/hour (federal rate) | July 24, 2009 | N.D.C.C. § 34-06-22 |
| Tipped minimum wage | $4.86/hour | July 24, 2009 | N.D. Admin. Code § 46-02-07-03 |
| Tip credit allowed | Yes (33% of minimum wage) | — | N.D. Admin. Code § 46-02-07-03 |
| Next scheduled increase | None | N/A | State follows federal rate |
| Rate adjustment mechanism | Federal adoption | — | N.D.C.C. § 34-06-22 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | U.S. DOL |
| Local minimum wages | Prohibited by state law | — | N.D.C.C. § 34-06-23 |
Last verified: February 11, 2026 via North Dakota Department of Labor and Human Rights
Overview of Minimum Wage Law in North Dakota
Legal Authority
North Dakota minimum wage requirements are established under North Dakota Century Code Chapter 34-06, specifically N.D.C.C. § 34-06-22. The North Dakota Department of Labor and Human Rights administers and enforces minimum wage regulations through North Dakota Administrative Code Chapter 46-02-07, known as the “North Dakota Minimum Wage and Work Conditions Order.” The Labor Commissioner has authority to investigate wage violations, adopt implementing regulations, and prosecute employers who fail to comply with minimum wage requirements.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. North Dakota law adopts the federal minimum wage rate by reference under N.D.C.C. § 34-06-22, which established a state minimum wage of $7.25 per hour effective July 24, 2009—the same date the current federal minimum took effect. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher. Because North Dakota’s minimum wage equals the federal minimum, covered employers must comply with the $7.25 per hour rate.
The Commissioner of Labor retains authority under N.D.C.C. § 34-06-22 to adopt rules establishing a state minimum wage rate that differs from the statutory rate, though no such rules have been implemented to establish a rate exceeding $7.25 per hour.
Coverage Scope
North Dakota minimum wage law applies to all employers and employees within the state, with limited exemptions specified in North Dakota Administrative Code § 46-02-07-02. The law covers private sector employers, public agencies including state and political subdivisions, and nonprofit organizations. Under N.D.C.C. § 34-06-01, “employer” includes any individual, partnership, association, corporation, limited liability company, or group of persons acting in the interest of an employer in relation to an employee.
Certain categories of employees are exempt from minimum wage requirements, including executive, administrative, and professional employees meeting specific criteria; agricultural workers; and certain categories of domestic service workers. Employers not subject to state minimum wage requirements but covered by federal law must comply with FLSA standards.
Prohibition on Local Minimum Wages
Under N.D.C.C. § 34-06-23, North Dakota has preempted local regulation of minimum wage rates. Political subdivisions—including cities, counties, townships, and school districts—may not enact, maintain, or enforce by charter, ordinance, contract, regulation, or resolution a “living wage mandate” in an amount greater than the applicable state minimum wage rate. This prohibition applies to requirements that would compel employers to pay any or all employees a wage rate not otherwise required under state or federal law.
The preemption ensures uniform minimum wage requirements throughout North Dakota. No cities or counties in the state have enacted minimum wage rates exceeding $7.25 per hour. Employers operating in multiple locations within North Dakota apply the same statewide minimum wage rate regardless of jurisdiction.
Current Minimum Wage Rates in North Dakota 2026
Standard Hourly Minimum Wage
As of July 24, 2009, the standard minimum wage in North Dakota is $7.25 per hour for covered employees. This rate applies to all non-exempt employees under state law and matches the federal minimum wage established under the Fair Labor Standards Act. North Dakota adopted this rate through N.D.C.C. § 34-06-22, which specifies that every employer must pay each employee at least $7.25 per hour effective July 24, 2009.
The minimum wage has remained at $7.25 per hour since its 2009 implementation. North Dakota does not adjust its minimum wage annually based on inflation or any other formula. The rate remains fixed at $7.25 unless changed by future legislation or administrative rulemaking by the Labor Commissioner.
No Geographic or Regional Variations
North Dakota maintains a uniform statewide minimum wage with no geographic variations. Under N.D.C.C. § 34-06-23, political subdivisions are prohibited from establishing minimum wage rates that exceed the state rate. This means employers in Bismarck, Fargo, Grand Forks, Minot, and all other North Dakota localities must pay the same $7.25 per hour minimum wage.
The prohibition on local minimum wage ordinances ensures consistent wage requirements across urban and rural areas. Employers with operations in multiple North Dakota locations apply identical minimum wage rates regardless of county or municipal boundaries.
No Industry-Specific Rates
North Dakota does not establish industry-specific minimum wage rates. All covered employees in all industries—including retail, hospitality, healthcare, agriculture (for non-exempt agricultural workers), and other sectors—are subject to the same $7.25 per hour minimum wage unless specifically exempted by statute or regulation.
Subminimum Wage Certificates
North Dakota permits subminimum wages for certain categories of workers under special licenses issued by the Labor Commissioner:
Vocational Education Students
- Rate: 85% of the state minimum wage ($6.16 per hour)
- Eligibility: Students enrolled in vocational education or related programs
- Authority: N.D. Admin. Code § 46-02-07-02(2)
- Requirements: Student must complete Application for Subminimum Wage Certificate for Vocational Education Students (SFN 51370)
- Duration: Commissioner may issue license for not more than one year
Workers with Disabilities
- Rate: Commensurate wage based on productivity assessment
- Eligibility: Individuals whose productive capacity is impaired by physical or mental disability
- Authority: N.D.C.C. § 34-06-15 and N.D. Admin. Code § 46-02-07-02(3)
- Requirements: Application for Subminimum Wage Certificate for Individuals with Disabilities (SFN 51371) including physician verification
- Duration: License issued for not more than one year; commensurate wage rate must be reevaluated every six months
- Special License: Community rehabilitation programs for the handicapped may receive special licenses after obtaining commensurate federal certification
These subminimum wage provisions allow employers to pay reduced rates during defined training or accommodation periods, provided proper certification is obtained from the North Dakota Department of Labor and Human Rights. Applications are available on the Department’s Sub-minimum Wage Licensing page.
Federal Youth Minimum Wage
Although not a state-specific provision, employers in North Dakota may utilize the federal youth minimum wage under the FLSA. The federal “opportunity wage” allows employers to pay workers under age 20 a rate of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20, whichever comes first, the employee must receive at least the full minimum wage of $7.25 per hour.
North Dakota does not have a separate state youth wage provision, so the federal program applies to covered employers.
No Scheduled Increases
North Dakota has not enacted scheduled minimum wage increases. The minimum wage will remain at $7.25 per hour unless modified by future legislation or administrative action. The state does not adjust the minimum wage annually based on the Consumer Price Index or any other automatic mechanism.
Under N.D.C.C. § 34-06-22, the Labor Commissioner retains authority to adopt rules establishing a different state minimum wage rate, but no such rules have been implemented. Any future increase would require either new legislation from the North Dakota Legislative Assembly or administrative rulemaking by the Department of Labor and Human Rights.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
North Dakota permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage. Under North Dakota Administrative Code § 46-02-07-03, employers may utilize a tip credit of 33% of the minimum wage.
Cash wage requirement: $4.86 per hour
Maximum tip credit: $2.39 per hour (33% of $7.25)
Total minimum compensation: $7.25 per hour (cash wage + tips)
The $4.86 tipped minimum wage has been in effect since July 24, 2009, when the state minimum wage was set at $7.25 per hour. Employers who elect to use the tip credit must ensure that each tipped employee’s direct wages combined with tips received equal or exceed $7.25 per hour for all hours worked.
Who Qualifies as a Tipped Employee
Under North Dakota Administrative Code § 46-02-07-03, a “tipped employee” is defined as any service employee in an occupation in which the employee customarily and regularly receives more than $30 per month in tips.
A “service employee” is any employee who:
- Provides direct service to customers
- Receives tips from customers as appreciation for that direct service
- Regularly and customarily provides personal face-to-face service to individual customers
- Performs service that customers recognize as being performed for their benefit
Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Gaming attendants at licensed gaming sites
- Parking attendants and valets
- Delivery drivers who receive tips
- Other service positions meeting the $30 per month threshold
Services such as cooking and dishwashing do not qualify as tipped positions under North Dakota law, as these roles do not involve direct face-to-face customer service.
Employer Obligations for Tipped Workers
Employers who claim a tip credit must comply with specific requirements under North Dakota Administrative Code § 46-02-07-03:
- Inform employees in advance that the employer elects to use the tip credit provision
- Maintain written records verifying that tipped employees receive at least the full minimum wage of $7.25 per hour when direct wages and tips are combined
- Pay the difference if an employee’s tips combined with the cash wage fail to bring total compensation to $7.25 per hour for all hours worked
- Ensure tips belong to employees – gratuities offered to an employee by a customer belong to the employee and may not be retained by the employer
- Comply with tip pooling regulations if tip pooling arrangements are implemented
Tip Pooling and Sharing
North Dakota permits tip pooling under specific conditions set forth in North Dakota Administrative Code § 46-02-07-03:
Voting Requirement: Tip pooling is allowed only among tipped employees and requires approval by vote. Fifty percent plus one of all tipped employees must approve tip pooling. The employer must maintain a written record of each vote on tip pooling, including names of employees voting and vote totals.
Who May Participate: Only tipped employees may participate in tip pools. This typically includes servers, bartenders, bussers, and other front-of-house staff who regularly receive tips. Back-of-house employees such as cooks and dishwashers who do not meet the definition of “service employee” may not participate in tip pools.
Employee-Initiated Votes: A vote on whether to pool tips is required if requested by 51% or more of the tipped employees. The tipped employees must provide documentation verifying the request.
Gaming Industry Exception: Gaming sites that regularly have four or fewer tipped employees on duty can require tip pooling among all tipped employees at the site. Gaming organizations licensed under N.D.C.C. § 53-06.1-03 may require tip pooling by blackjack dealers, but only when those individuals are actually dealing. Pit bosses or supervisors at gaming sites are not tipped employees and cannot be part of the tip pool when performing supervisory functions.
Meeting Time: Time spent in meetings called by employees exclusively for tip issues is not considered work time and need not be compensated.
Local Minimum Wage Ordinances in North Dakota
North Dakota law prohibits cities and counties from enacting minimum wage ordinances that exceed the state rate. Under N.D.C.C. § 34-06-23, political subdivisions—including cities, counties, townships, and school districts—may not enact, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution a “living wage mandate” in an amount greater than the applicable state minimum wage rate.
Statewide Preemption of Local Minimum Wages
The prohibition on local minimum wage ordinances ensures that all employers in North Dakota comply with a uniform statewide rate of $7.25 per hour. No cities or counties in North Dakota have enacted minimum wage rates exceeding the state minimum wage. This includes major population centers such as:
- Fargo ($7.25 per hour – state rate applies)
- Bismarck ($7.25 per hour – state rate applies)
- Grand Forks ($7.25 per hour – state rate applies)
- Minot ($7.25 per hour – state rate applies)
- West Fargo ($7.25 per hour – state rate applies)
The preemption law defines “living wage mandate” broadly to include any requirement that would compel employers to pay employees a wage rate not otherwise required under state or federal law. This prohibition applies to both direct wage requirements and indirect mandates imposed through contracts with political subdivisions or as conditions for receiving tax abatements, loan guarantees, or other financial assistance from local governments.
How the Uniform Statewide Rate Applies
Single Rate for All Locations: Employers with operations in multiple North Dakota locations apply the same $7.25 per hour minimum wage regardless of where employees physically perform work. There are no geographic wage differentials based on county, city, or cost of living.
No Local Enhancements: Political subdivisions cannot require employers to pay higher wages as a condition of doing business, receiving economic development incentives, or holding government contracts. Any such requirements would violate N.D.C.C. § 34-06-23.
Enforcement: The uniform statewide minimum wage is enforced by the North Dakota Department of Labor and Human Rights, which has exclusive jurisdiction over minimum wage violations throughout the state.
Who Is Covered and Who Is Exempt
Employees Covered by North Dakota Minimum Wage
North Dakota minimum wage law covers most employees working within the state. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses, regardless of employer size
- Public sector employees: State government workers and employees of political subdivisions, except firefighters and sworn law enforcement officers
- Nonprofit organization employees: Workers employed by nonprofit corporations
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for executive, administrative, or professional exemptions
- Hourly employees: Workers compensated on an hourly basis
- Temporary and seasonal workers: Short-term employees are covered at the same rate
- Minor employees: Workers under age 18 are entitled to the full minimum wage (though federal youth wage provisions may apply under FLSA)
Common Exemptions from Minimum Wage
The following categories of employees are exempt from North Dakota minimum wage requirements under North Dakota Administrative Code § 46-02-07-02:
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties are exempt if they meet specific criteria defined in N.D. Admin. Code § 46-02-07-01. These exemptions generally require that employees be paid on a salary or fee basis and perform work meeting detailed duties tests. Highly compensated employees earning at least $100,000 annually (including at least $455 per week on a salary basis) are exempt if they perform office or nonmanual work.
Agricultural Workers
Employees engaged in agricultural occupations—defined as growing, raising, preparing, or delivering agricultural commodities for market—are exempt from both minimum wage and overtime requirements.
Outside Sales Employees
Employees who customarily and regularly engage away from the employer’s premises for the purpose of making sales or taking orders are exempt, provided work unrelated to outside sales does not exceed 20% of hours worked in the week.
Domestic Service Employees
Individuals employed in domestic service who reside in the household in which employed are exempt from minimum wage requirements. Domestic service employment means services of a household nature performed in or about a private home.
Companionship Services Providers
Under N.D.C.C. § 34-06-03.1, employees providing companionship services for elderly or disabled individuals are exempt from minimum wage requirements for overnight hours (10 p.m. to 9 a.m., up to 8 hours) when available to perform duties but free to sleep. Family home care providers are also exempt.
Specific Exempt Categories
Additional exemptions under N.D. Admin. Code § 46-02-07-02 include:
- Employees of nonprofit camps that are directly youth-related and intended for educational purposes
- Guides, cooks, and camp-tenders for hunting or fishing guide services
- Golf course caddies
- Actors or extras for motion pictures
- Prison or jail inmates performing work for the institution
- Volunteers at nonprofit, religious, or charitable organizations
- Student trainees meeting six specific criteria
- Certain casual babysitters (fewer than 20 hours per week for less than three consecutive weeks)
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, North Dakota Administrative Code § 46-02-07-02(14) references common law tests to determine whether an individual is an employee or independent contractor, and misclassification may result in penalties and back wages.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to North Dakota minimum wage law must comply with the following obligations under North Dakota Century Code Chapter 34-06 and North Dakota Administrative Code Chapter 46-02-07:
- Pay the applicable minimum wage of $7.25 per hour (or $4.86 for tipped employees with proper tip credit procedures) for all hours worked
- Maintain accurate payroll records documenting hours worked and wages paid, including registers of employee names that must be available for inspection by the Labor Commissioner
- Display required posters – keep a copy of the North Dakota Minimum Wage and Work Conditions Summary Poster posted in a conspicuous place in a commonly frequented area where employees work
- Issue compliant wage statements – furnish each employee each pay period a check stub or pay voucher indicating hours worked, rate of pay, required state and federal deductions, and any authorized deductions
- Pay employees at least monthly on regular payday(s) designated in advance
- Maintain tip records for tipped employees, verifying that combined direct wages and tips equal at least $7.25 per hour
Recordkeeping Requirements: Employers must maintain payroll records as required by state and federal law, and must permit the Labor Commissioner or authorized representatives to inspect and examine such records upon request under N.D.C.C. § 34-06-02.
Enforcement Agency and Process
The North Dakota Department of Labor and Human Rights enforces minimum wage requirements in North Dakota through the Labor Commissioner. The agency:
- Investigates wage complaints filed by employees
- Conducts investigations to ascertain whether employers are complying with minimum wage rules
- Issues citations and takes steps necessary to prosecute employers failing to comply
- Holds public hearings for matters under investigation
- Subpoenas witnesses and compels testimony in enforcement proceedings
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the North Dakota Department of Labor and Human Rights through:
- Online/Phone: Contact the Department at (701) 328-2660 or toll-free at 1-800-582-8032
- Email: labor@nd.gov
- In-person/Mail: State Capitol, 600 East Boulevard Avenue, Bismarck, ND 58505-0340
- Hours: Monday-Friday, 8:00 a.m. – 5:00 p.m.
North Dakota law under N.D.C.C. § 34-06-18 prohibits employers from discharging or discriminating against employees who testify or are about to testify in investigations or proceedings under the minimum wage law.
Penalties for Minimum Wage Violations
Employers who violate North Dakota minimum wage law face the following penalties:
Criminal Penalties: Under N.D.C.C. § 34-06-19, any person who violates any provision of Chapter 34-06 or any rule issued pursuant thereto is guilty of a Class B misdemeanor. This includes:
- Employing workers for wages less than the state minimum wage
- Failing to observe or comply with rules issued by the Labor Commissioner
- Violating recordkeeping or posting requirements
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked. The Labor Commissioner investigates compliance and takes steps necessary to cause prosecution of violating employers.
Administrative Actions: The Labor Commissioner has authority under N.D.C.C. § 34-06-17 to investigate whether employers are observing and complying with rules and to take steps necessary to cause prosecution of employers failing to comply.
Retaliatory Discharge Prohibition: Employers who discharge or discriminate against employees for testifying about minimum wage violations face separate penalties under N.D.C.C. § 34-06-18.
North Dakota Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000. The federal minimum also applies to workers in certain enterprises regardless of sales volume, including hospitals, schools, and government agencies.
When State and Federal Law Apply Identically
North Dakota’s minimum wage of $7.25 per hour equals the federal minimum. For employers covered by both state and federal law, the requirements are identical. North Dakota Century Code § 34-06-22 established the state rate at $7.25 effective July 24, 2009—the same date the federal minimum took effect. This alignment means most employers in North Dakota must comply with the $7.25 per hour standard whether coverage derives from state law, federal law, or both.
North Dakota law serves primarily to extend minimum wage protection to employers and employees who may fall outside federal FLSA coverage but are covered by state law. The North Dakota Department of Labor and Human Rights enforces state minimum wage requirements regardless of whether federal coverage exists.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal, state, or local—provides employees the highest hourly wage. In North Dakota, where no local minimum wages are permitted and the state rate equals the federal rate, this rule results in a uniform $7.25 per hour requirement throughout the state.
Practical Application:
- Identify all minimum wage rates that may apply (federal and state)
- Determine which rates cover the specific employer and employee
- Pay the highest applicable rate
Because North Dakota prohibits local minimum wage ordinances under N.D.C.C. § 34-06-23, employers need only compare state and federal rates—both currently $7.25 per hour.
Minimum Wage Posting Requirements
North Dakota law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. Under N.D.C.C. § 34-06-04, the Labor Commissioner must provide a summary of rules adopted under Chapter 34-06 to every employer affected by the rules. The employer must keep a copy of the summary posted in a conspicuous place in a commonly frequented area of the employer’s establishment in which employees work.
Official Poster: The North Dakota Minimum Wage and Work Conditions Summary Poster summarizes provisions contained in the North Dakota Minimum Wage and Work Conditions Order (N.D. Admin. Code Chapter 46-02-07) and selected provisions of North Dakota Century Code.
Where to obtain posters:
- Download from North Dakota Department of Labor website
- Available in English and Spanish
- Order printed copies by contacting the Department at (701) 328-2660
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically near time clocks, in break rooms, or at other prominent locations where workers gather.
Required content: The poster includes current minimum wage rates ($7.25 per hour standard; $4.86 per hour for tipped employees), overtime requirements, meal period rules, exemptions, recordkeeping obligations, and contact information for filing complaints with the Department of Labor and Human Rights.
Compliance: Failure to display required posters may result in citations from the North Dakota Department of Labor and Human Rights. Employers must ensure posters remain current if minimum wage rates change.
Frequently Asked Questions: Minimum Wage in North Dakota 2026
What is the minimum wage in North Dakota in 2026?
The minimum wage in North Dakota is $7.25 per hour as of July 24, 2009. This rate matches the federal minimum wage and applies uniformly throughout the state. Tipped employees may be paid $4.86 per hour if tips bring total compensation to at least $7.25 per hour.
When is the next minimum wage increase in North Dakota?
No minimum wage increases are currently scheduled in North Dakota. The rate will remain $7.25 per hour unless changed by future legislation or administrative rulemaking by the Labor Commissioner. North Dakota does not automatically adjust its minimum wage based on inflation or any other formula.
Does North Dakota allow tip credit?
Yes, North Dakota permits employers to pay tipped employees a cash wage of $4.86 per hour, with up to $2.39 in tip credit (33% of the minimum wage), provided total compensation reaches $7.25 per hour. Employers must inform employees in advance of using the tip credit and maintain records verifying total compensation meets the minimum wage.
Are there different minimum wages in different cities in North Dakota?
No, North Dakota maintains a uniform statewide minimum wage of $7.25 per hour. State law prohibits cities and counties from enacting minimum wage ordinances that exceed the state rate. All employers throughout North Dakota—including in Fargo, Bismarck, Grand Forks, and other cities—must pay the same $7.25 per hour minimum.
Who is exempt from minimum wage in North Dakota?
Common exemptions from North Dakota minimum wage include executive, administrative, and professional employees meeting salary and duties tests; agricultural workers; outside sales employees; domestic service workers who reside in the employer’s household; and certain nonprofit camp employees, guides, caddies, and volunteers. Independent contractors properly classified under common law tests are not covered. Most hourly workers, including part-time employees, are covered.
What happens if an employer pays below minimum wage in North Dakota?
Employers who pay below minimum wage face criminal prosecution as a Class B misdemeanor, back wage liability for the difference between wages paid and the minimum wage, and potential administrative actions by the Labor Commissioner. Employees can file complaints with the North Dakota Department of Labor and Human Rights to recover unpaid wages. State law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in North Dakota?
Yes, all employers in North Dakota must pay minimum wage regardless of size. Even businesses with one employee must comply with the $7.25 hourly rate. North Dakota law does not exempt small businesses from minimum wage requirements. However, employers covered by federal law but not state law must still comply with the federal minimum wage of $7.25 under the FLSA.
Is North Dakota’s minimum wage higher than the federal minimum?
No, North Dakota’s minimum wage of $7.25 per hour equals the federal minimum wage. The state and federal requirements are identical for covered employers. North Dakota adopted the $7.25 rate effective July 24, 2009, the same date the federal minimum took effect.
How often does North Dakota increase its minimum wage?
North Dakota does not automatically adjust its minimum wage on any schedule. The rate has remained $7.25 per hour since July 24, 2009. Changes to the minimum wage require new legislation from the North Dakota Legislative Assembly or administrative rulemaking by the Labor Commissioner under authority granted by N.D.C.C. § 34-06-22.
Can employers pay less than minimum wage during training?
North Dakota does not authorize a general training wage for all new employees. However, employers may obtain special licenses from the Labor Commissioner to pay vocational education students 85% of the minimum wage ($6.16 per hour) for up to one year. Additionally, the federal youth minimum wage allows employers to pay workers under age 20 a rate of $4.25 per hour during their first 90 consecutive calendar days of employment under FLSA provisions.
How to file a minimum wage complaint in North Dakota
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the North Dakota Department of Labor and Human Rights. Filing methods include:
- Phone: (701) 328-2660 or toll-free 1-800-582-8032
- Email: labor@nd.gov
- In-person or Mail: State Capitol, 600 East Boulevard Avenue, Bismarck, ND 58505-0340
- Hours: Monday-Friday, 8:00 a.m. – 5:00 p.m.
The Department will investigate the complaint and may take steps to prosecute employers who fail to comply with minimum wage requirements. North Dakota law under N.D.C.C. § 34-06-18 prohibits employer retaliation against workers who file wage complaints or participate in investigations.
Do remote workers in North Dakota get the North Dakota minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in North Dakota are typically entitled to North Dakota’s minimum wage of $7.25 per hour, even if their employer is based in another state. Because North Dakota prohibits local minimum wages, remote workers anywhere in the state receive the uniform $7.25 statewide rate.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| North Dakota Minimum Wage – Official Sources (Last Verified February 11, 2026) | ||
|---|---|---|
| Source | Last Verified | Full URL |
| North Dakota Century Code Chapter 34-06 | February 11, 2026 | https://ndlegis.gov/cencode/t34c06.html |
| N.D.C.C. § 34-06-22 (State minimum wage rate) | February 11, 2026 | https://ndlegis.gov/cencode/t34c06.pdf |
| N.D.C.C. § 34-06-23 (Local preemption) | February 11, 2026 | https://ndlegis.gov/cencode/t34c06.pdf |
| North Dakota Administrative Code Chapter 46-02-07 | February 11, 2026 | https://ndlegis.gov/prod/acdata/pdf/46-02-07.pdf |
| North Dakota Department of Labor and Human Rights | February 11, 2026 | https://www.nd.gov/labor/ |
| ND Minimum Wage Poster | February 11, 2026 | Official Poster PDF |
| U.S. Department of Labor – State Minimum Wages | February 11, 2026 | https://www.dol.gov/agencies/whd/minimum-wage/state |