North Dakota Minimum Wage — As of October 2026, the minimum wage in North Dakota is $7.25 per hour, mirroring the federal minimum — the state has not raised it since 2008, and no increase is scheduled for 2027. One bright spot: tipped workers in North Dakota get a higher floor than in most states — employers must pay a cash wage of at least $4.86 per hour (not the federal $2.13), with tips bringing total earnings to $7.25, and the employer covers any shortfall. Overtime follows the federal standard: 1.5 times your regular rate for hours worked over 40 in a single workweek, with no daily overtime requirement. If your employer isn’t paying you correctly, contact Frisch Law Firm for a free consultation.
Breaks and Rest Periods
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.
Last Paycheck
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.
To learn more about North Dakota Wage and Hour Law and North Dakota Overtime Law visit the North Dakota Department of Labor at http://www.nd.gov/labor/
