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The following are answers to some of the questions most commonly asked at the Department of Labor. If you would like
additional information on any of these topics, please contact us.
Wage & Hour
Breaks
Question: Am I entitled to breaks?
Answer: Any employee who works a shift exceeding five hours is entitled to an unpaid 30
minute uninterrupted meal break when there are two or more employees on duty. Other breaks, such as fifteen minute
"coffee" breaks, are at the employer's discretion to offer but must be paid if they are less than 30
minutes.
 
Check Stubs
Question: Is my employer supposed to give me a check stub?
Answer: Yes. Each time an employee is paid, the employer must provide a check stub or pay
voucher listing the rate of pay, hours worked, and all deductions from earnings.
Child Labor
Question: What is the youngest age to begin employment in North Dakota?
Answer: Generally, age 14. In addition, most employees ages 14 and 15 must file a "work
permit" with the Department of Labor and are subject to restricted working hours and job duties. For more
information, see the Youth Employment in ND brochure.
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Deductions From Pay
Question: What can be deducted from my wages?
Answer: Legal deductions include required state and federal withholdings, any items ordered
by a court, and documented payroll advances. Nothing else may be deducted without the employee's specific written
authorization.
Last Paychecks
Question: When does my employer have to pay me after I've quit or been fired?
Answer: A separated employee's wages become due and payable at the regular payday(s)
established in advance by the employer for the period(s) worked by the employee. In other words, payroll should simply
follow its normal course.
Minimum Wage
Question: What is the minimum wage? Does North Dakota have a training wage?
Answer: The minimum wage in North Dakota is $7.25 per hour. North Dakota does not have a training wage.
Overtime
Question: I am a salaried employee. Am I still entitled to overtime pay?
Answer: Possibly. Employees are entitled to overtime pay unless their actual work duties meet
one or more of the exemptions from overtime provided in labor law. Simply being paid on a salary basis is not enough to
make an employee exempt from overtime pay. A complete list of overtime exemptions is provided on the reverse side of
the ND Minimum Wage & Work Conditions Summary Poster.
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Question: I am entitled to overtime because my job duties do not meet any of the
exemptions. How must my employer calculate overtime pay?
Answer: Overtime is to be paid at one and one-half times the regular rate of pay for hours
worked in excess of 40 in a work week (a consistent, consecutive seven-day period defined by the employer). Overtime
must be calculated each workweek regardless of the length of the pay period. Overtime need only be computed for actual
hours worked. Vacation days, paid holidays, or sick days (time not worked) do not need to be included in an overtime
computation. Non-exempt employees in the private sector cannot be granted compensatory time in lieu of monetary
overtime compensation.
Tips
Question: I receive tips. Can my employer pay me less than minimum wage?
Answer: An employee who customarily and regularly receives more than $30 per month in tips can be paid a minimum direct wage of $4.39 per hour. However, the tips earned plus the direct wage paid by the employer must equal the full minimum wage of $6.55 per hour for all hours worked. As with the full minimum wage, the minimum direct wage for tipped employees will also increase on July 24, 2009. The new direct wage for tipped employees will be $4.86 per hour, and employers will continue to be required to 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.
Uniforms
Question: Is it legal for an employer to require employees to purchase uniforms?
Answer: An employer may establish a dress code and/or require employees to wear uniforms. If
not providing free uniforms, an employer can require an employee to purchase uniforms (either through a deduction from
the employee's pay or by billing the employee) provided that the cost does not bring the employee's wage below
the hourly minimum wage for all hours worked during that pay period. In the case of a deduction from pay, the
employee's written authorization must be obtained.
Vacation
Question: Am I entitled to my unused vacation when I quit or am fired?
Answer: Yes. Once paid time off is made available for an employee's use, any unused
balance must be paid to the employee upon separation from employment. Unused sick leave does not have to be paid as
long as it is kept in a separate balance from vacation.
Human Rights - Employment
Employment Discrimination
Question: How is discrimination defined?
Answer: Discrimination means being treated differently than others because of one's
status in a protected category such as race, color, religion, sex, national origin, age, or disability. Discrimination
is unlawful in employment, housing, services offered by private businesses, service provided by public entities, and
lending.
Question: My boss doesn't like me, what can I do?
Answer: Personality conflicts are not necessarily illegal. However, if your employer
doesn't like you because of your race, color, religion, sex, national origin, age, disability, marital status,
pregnancy, or status with regard to public assistance and treats other employees more favorably, it may be illegal.
Question: An employer refuses to hire me because I filed a workers compensation claim
while employed at my previous employer. Is that legal?
Answer: If the employer obtained information about your prior workers compensation claim or
occupational injury from a third party, such as a former employer or the Workforce Safety and Insurance, before making
a conditional offer of employment, they may have violated the Americans with Disabilities Act. At the pre-offer stage,
as at any other time, an employer may not obtain from third parties any information that they could not obtain directly
from the applicant. However, an employer may ask questions about an applicant's prior workers compensation claims
or occupational injuries after it has made a conditional offer of employment, but before employment has begun, as long
as it asks the same questions of all entering employees in the same job category.
Question: I was fired because I was sick and didn't go to work for two days. Can my
employer do that?
Answer: Probably. However, if your absenteeism is related to a disability, your employer may
be required to make an accommodation.
Question: I broke my leg and now my boss wants to fire me. Is that a violation of
disability laws?
Answer: A broken leg or arm is considered a temporary disability and is not typically covered
under the disability discrimination laws. You may, however, be covered under the federal Family and Medical Leave Act
(FMLA).
Question: The employer did not advertise the position and then hired a friend of the boss.
Is that legal?
Answer: There is no statute requiring an employer in the private sector to advertise a
position. ND laws do not prevent employers from hiring friends or relatives.
Equal Pay
Question: I'm not paid the same wage as a coworker. Isn't that a violation of
equal pay laws?
Answer: Equal pay laws are gender-based statutes that require similarly situated males and
females who perform essentially the same job functions to be paid equal wages. However, if you are the same gender as
the co-worker, there may be other violations of state or federal anti-discrimination laws.
Harassment
Question: I'm being harassed. That's not right, is it?
Answer: If the harassment is based on your race, color, religion, sex, national origin, age,
disability, marital status, pregnancy, or status with regard to public assistance, it may be a violation of
anti-discrimination laws.
Reasonable Accommodation
Question: I have a disability but my employer refuses to accommodate my disability and
change my schedule. Does he have to?
Answer: Possibly. An employer has the right to review medical documentation related to your
request for an accommodation to determine if it is reasonable. You and the employer should determine and implement a
reasonable accommodation that does not create an undue hardship on the employer's business.
Question: During a job interview, I told the employer that I may need a reasonable
accommodation to perform the essential job functions. The employer then asked me about the reasonable accommodation.
Can she do that?
Answer: An employer may ask about a reasonable accommodation if: (A) the employer reasonably
believes an applicant will need a reasonable accommodation because of an obvious disability; (B) an applicant has
voluntarily disclosed that he/she needs a reasonable accommodation to perform the job; or (C) the employer reasonably
believes an applicant will need a reasonable accommodation because of a hidden disability which has been voluntarily
disclosed by the applicant. However, the employer may not ask questions about the disability.
Sexual Harassment
Question: I complained to my boss about sexual harassment, but nothing was done about it.
What can I do now?
Answer: An employer is responsible for taking immediate and corrective action in harassment
and hostile environment situations related to anti-discrimination laws. If you believe you have been harassed because
of your race, color, gender, or other protected category and your employer has done nothing after being notified,
contact the Department of Labor for further direction or to file a charge of discrimination. For more information, see
the Sexual Harassment in the Workplace brochure.
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Employment at Will
Question: Can my employer fire me without a reason?
Answer: Generally, yes. In North Dakota, any employment relationship without a specified term
exists at the will of both parties (employer and employee) and can be terminated by either party at any time, with or
without cause. However, an employer may not terminate an employee because of the employee's race, color, religion,
sex, national origin, age, disability, marital status, pregnancy, status with regard to public assistance, or
participation in lawful activity off the employer's premises during non-working hours which is not in direct
conflict with the essential business related functions of the employer.
Question: Does my employer have to give notice to fire me? Must I give advanced notice to
quit?
Answer: Based on the Employment-at-Will law, either an employer or employee may terminate an
employment relationship upon notice to the other. However, no specific length of notice (such as a two-week notice) is
required.
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