North Dakota Labor Laws: Wages, Breaks and Overtime (2026)

Eligible employees may take up to 12 weeks of unpaid, job-protected leave per year under the Family and Medical Leave Act (FMLA). For construction employers, this most commonly hits when a foreman or key operator is out. Qualifying reasons include:

• Birth or adoption of a child (within one year)
• Caring for a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition that prevents them from working
• Qualifying military exigency for a covered family member on active duty

Employees are eligible if they have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year.

Private employers in North Dakota are not required to provide sick leave. If a policy exists, it must be followed consistently.

State employees are covered by a statutory accrual system: eight hours per month, with the following permitted uses:

• Their own injury or illness
• Medical appointments (treatment or diagnosis)
• Care for an ailing family member (up to 80 hours/year)
• Care for a newborn or adopted child in the first six months (up to 480 hours/year)
• Services or legal action related to domestic violence or sexual assault (up to 40 hours/year)
• Bereavement for the death of a child within six months of the death (up to 160 hours/year)

North Dakota employers are not required to provide paid or unpaid vacation. But if a vacation policy exists, employers must honor it.

Accrued vacation is generally treated as wages upon separation. Employers cannot require blanket forfeiture. There are two narrow exceptions where an employer may withhold accrued vacation pay:

• Voluntary resignation: employer may withhold if — at hiring — the employee received written notice of the limitation, the employee worked less than one year, and gave fewer than five days notice.
• Awarded but not yet earned PTO: employer may withhold if the employee received written notice of this limitation before the PTO was awarded.

Employers may cap accrual or impose a use-it-or-lose-it policy. They must give employees a reasonable opportunity to use time before losing it.

Source: N.D. Admin. Code § 46-02-07-10; N.D.C.C. § 34-14-09.2.

North Dakota does not mandate paid time off to vote. However, ND Cent. Code § 16.1-01-02.1 encourages employers to allow it. Construction employers should set a clear internal policy.

Employers in North Dakota are not required to protect the jobs of employees who take more than 20 days to volunteer as emergency responders. The employer decides whether to retain or dismiss — without legal liability.

Employers must provide up to 24 working hours of paid leave per calendar year for eligible employees serving as an honor guard at a military funeral for a veteran.

Regular public-sector employees who donate bone marrow or an organ can take up to 20 days of leave. Physician verification is required. Private employers are not mandated to provide this leave.

North Dakota employers must grant paid leave for employees called to jury duty. Employees called as witnesses on behalf of the employer must be paid for their time. Lodging, mileage, and meals must also be reimbursed.

No city or county in North Dakota sets a local minimum wage. The minimum wage North Dakota workers earn is $7.25/hour statewide — set at the state level with no higher local floor.

The following workers may be paid below the minimum wage north dakota sets as the standard floor:

• Employees providing companionship services
• Non-profit camp employees for youth or educational programs
• Cooks, guides, and camp tenders for fishing and hunting activities
• Actors and movie extras
• Babysitters working fewer than 24 hours/week for fewer than three consecutive weeks
• Vocational student trainees: minimum 85% of the current minimum wage ($6.16/hour). Requires a completed subminimum wage application (ND form SFN 51370).
• Youth training wage: Under federal law, workers under 20 years old may be paid $4.25/hour during the first 90 consecutive calendar days of employment. This applies regardless of state law.

North Dakota is an employment-at-will state under ND Cent. Code § 34-03-01. Employers may terminate employees at any time for any non-discriminatory, non-retaliatory reason. Employees may resign at any time without legal consequence.

North Dakota at-will employment has narrow exceptions. Employers cannot terminate based on protected characteristics, in retaliation for asserting rights, or in breach of a written contract. Refusing to break the law is also protected.

North Dakota is a right-to-work state. Union membership or dues payment cannot be made a condition of employment. Workers in unionized trades cannot be forced to join or pay dues to hold a job.

North Dakota contractors may require pre-employment drug testing. Under ND Cent. Code § 34-01-15, employers may require drug testing as a condition of employment — but the employer, not the applicant, must pay for the test.

Employers running background checks on any of the following roles must also comply with the Fair Credit Reporting Act (FCRA):

• Security officers at state universities
• School personnel with unsupervised student contact
• Employees in adult family foster care facilities
• Personnel in substance abuse treatment programs

North Dakota’s EEO laws protect employees and applicants from discrimination based on race, color, sex, age, disability, religion, national origin, marital status, and public assistance recipient status.

Men and women doing the same work for the same employer must be paid equally. This applies to hourly wages and salaries. On a construction site, that means equal pay for equal work regardless of gender — across crew roles, foreman positions, or office staff.

Workers who report safety violations, wage theft, or other misconduct are protected from retaliation. Employers may not fire, demote, or threaten an employee for filing an OSHA complaint, submitting a wage claim, or cooperating with an investigation.

Every North Dakota employer must carry workers’ compensation coverage before hiring the first employee. Coverage is obtained exclusively through Workforce Safety & Insurance (WSI) — North Dakota’s state-run fund. Private insurers are not permitted.

For construction contractors, this is non-negotiable. Penalties for going without: a $10,000 fine, $100 per day uninsured, and personal liability for the full cost of any claims during the gap.

WSI covers medical expenses, wage replacement, rehabilitation, and death benefits for work-related injuries. Post the WSI Certificate of Payment on every jobsite.

Private employers in North Dakota are not required to offer retirement plans. Those who do can offer 401(k)s, 403(b)s, IRAs, or traditional pension plans.