Yes, if vacation time has been earned, any unused portion is considered wages and must be paid at the employee’s regular rate of pay upon separation from employment. Earned vacation time cannot be forfeited under an employment contract or policy.
North Dakota Labor Laws
North Dakota Minimum Wage
In North Dakota, the minimum wage of $7.25 per hour has been in effect since 2009.
North Dakota Law Posters
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History of North Dakota Labor Laws
Before reaching $7.25 per hour, the minimum wage in North Dakota was $6.55 per hour in 2008 and $5.85 per hour in 2007.
Municipality Minimum Wage Laws
In 2019, North Dakota enacted a preemption law (HB 1193) that prevents municipalities from setting their own minimum wage rates.
North Dakota Minimum Wage Exemptions
The following employees are exempt from North Dakota’s minimum wage requirements:
- Employees of nonprofit camps that are directly youth-related and intended for educational purposes
- Guides, cooks, or camp-tenders for hunting or fishing guide services
- Golf course caddies
- Certain individuals in programs for youthful or first-time offenders as an alternative to incarceration
- Certain prison or jail inmates working for the prison, jail, institution, or related areas
- Actors or extras for motion pictures
- Individuals working on a casual basis for less than 20 hours per week for less than three consecutive weeks in domestic service employment providing babysitting services
- Certain volunteers
- Certain student trainees
North Dakota Posting Requirements
Required posters:
- Minimum Wage
- Unemployment Insurance
- Workers' Compensation
Tipped Wage in North Dakota
In North Dakota, the minimum wage for tipped employees is $4.86 per hour. If an employee’s tips do not bring their total earnings to at least $7.25 per hour (meaning they need to earn at least $2.39 per hour in tips), the employer is required to make up the difference. A tipped employee is defined as someone working in a service occupation who earns at least $30 per month in tips.
Overtime Wage in North Dakota
Employees in North Dakota must be paid time-and-a-half their regular rate of pay for any hours worked over 40 in a workweek. However, certain employees are exempt from these overtime requirements, including:
- Employees in bona fide executive, administrative, or professional roles
- Agricultural workers involved in growing, raising, preparing, or delivering agricultural commodities
- Employees who spend at least 51% of their work time providing direct care to clients in shelters, foster care, or similar establishments
- Domestic service employees who live in the household where they are employed
- Straight commission salespeople in retail automobile, trailer, boat, aircraft, truck, or farm implement dealerships, unless required to be on premises for more than 40 hours per week
- Computer professionals who exercise discretion and independent judgment in their work or are paid at least $27.63 per hour
- Employees regularly engaged away from the employer’s premises for sales or order-taking, provided non-sales work does not exceed 20% of their weekly hours
- Mechanics paid on a commission basis from a flat rate schedule
- Retail employees whose regular rate of pay exceeds one-and-a-half times the minimum hourly rate and derive more than half their compensation from commissions
- Announcers, news editors, or chief engineers at radio or television stations
- Employees in artistic professions that require originality, creativity, or talent
- Motor carrier employees covered by the Motor Carriers Act
- Teachers, instructors, tutors, or lecturers in educational institutions
- Highly compensated employees
- Certain employees providing companionship services
Child Labor Laws in North Dakota
Minors aged 14 and 15 in North Dakota can work under the following conditions:
- Up to 3 hours on a school day and 8 hours on a non-school day
- Up to 18 hours during a school week (when school is in session for any part of four or more days) and 40 hours during a non-school week
- Between 7 a.m. and 7 p.m., with extended hours until 9 p.m. from June 1 to Labor Day
Employer Recordkeeping Requirements in North Dakota
Under federal law, employers are required to maintain the following records for three years:
- Employee’s full name and Social Security number
- Address, including zip code
- Birth date, if the employee is younger than 19
- Sex and occupation
- Time and day of the week when the employee’s workweek begins
- Hours worked each day and total hours worked each workweek
- Basis on which the employee’s wages are paid (e.g., hourly, salary)
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from the employee’s wages
- Total wages paid each pay period
- Date of payment and the pay period covered by the payment
North Dakota Labor Law Questions & Answers
North Dakota Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.