Last updated on: May 23rd, 2022
Hours & Pay Regulations
An employment contract or policy may require an employee to take annual leave by a certain date or lose the vacation (‘use it or lose it’), provided that the employee is given a reasonable opportunity to take the vacation. The employer must demonstrate that the employee had notice of such contract or policy provision.
Employers must pay employees at least $7.25 an hour. Employers must pay covered employees the state minimum wage or the federal minimum wage, whichever is greater.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
Employers must allow employees to take unpaid leave to appear as witnesses in court proceedings. Employers cannot penalize employees for taking court attendance leave. Employers must allow employees to take unpaid leave to serve as jurors. Employers cannot discharge employees because they take jury duty leave.
It is the policy of this state to encourage voting by all eligible voters at all statewide special, primary, or general elections. To this end, employers are encouraged to establish a program to grant an employee who is a qualified voter to be absent from the employee’s employment for the purpose of voting when an employee’s regular work schedule conflicts with voting during the time when polls are open.
State employees are entitled to up to 20 days of paid leave. (§54-06-14.4).
An employer may grant unpaid leave to an employee who is a member of the legislative assembly to serve during any regular or special session or to attend a meeting of the legislative management or any of its committees. An employer may reduce or eliminate the payment of any additional benefits the employee normally receives while the employee is performing legislative service.
The North Dakota Human Rights Act applies to all employers and prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, physical or mental disability, marital or public assistance status or participation in lawful off-duty conduct.
The definition of “sex” includes pregnancy, childbirth, and related disabilities. Pregnancy must be treated the same as other temporary disabilities, including with respect to the commencement and duration of leave, availability of extensions, the accrual of seniority and other benefits while on leave and job reinstatement.
An employer may not terminate, demote or discriminate against an employee who is late or absent from work because he or she was responding to a disaster or emergency in his or her capacity as a volunteer emergency responder. Exceptions apply to employers who perform critical emergency services during a disaster or emergency or where the volunteer emergency responder is considered critical to the employer’s operations. An employee responding to an emergency or disaster must make reasonable efforts to notify his or her employer if he or she will be late or absent from work. Any time missed by the employee is unpaid. Employers may request verification of the employee’s volunteer emergency service. These protections do not apply to volunteer emergency responders who are late or absent from work for more than 20 working days in a calendar year (except for involuntarily activated National Guard members).