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North Dakota Minimum Wage & Labor Laws (2026)

In 2026, the North Dakota minimum wage is $7.25/hour. Overtime is 1.5× the regular rate over 40 hours a week. Below are the wage, overtime, final-paycheck and break rules, a calculator pre-set to North Dakota, and how to file a wage claim if you're owed money.

North Dakota wage & hour rate sheet
2026 rules, sourced to the U.S. DOL and the state labor department
$7.25/hr
minimum wage
Overtime
1.5x the regular rate for hours over 40 in a workweek. North Dakota follows the federal FLSA weekly rule.
Tipped pay
$4.86/hr cash. Employers may take a tip credit; cash wage plus tips must reach $7.25/hr.
Final paycheck
Fired: Next payday or within 15 days, whichever is earlier. Quit: Next payday or within 15 days, whichever is earlier.
Meal & rest breaks
Meal: 30-min unpaid meal for shifts over 5 hrs (if 2+ employees on duty). Rest: No state requirement (none mandated).

North Dakota pay & overtime calculator

Pre-set to North Dakota. Enter your rate and hours.

Your hours

Your pay this week

OT $30.00/hr
Gross pay
$950.00
before taxes and deductions
Regular40 hrs × $20.00$800.00
Overtime (1.50×)5 hrs × $30.00$150.00
Total gross$950.00

North Dakota follows the FLSA weekly rule: 1.5× the regular rate for hours over 40 in a workweek.

North Dakota figures are current for 2026 and compiled from the U.S. Department of Labor and North Dakota's labor department. Cities and counties may set higher local minimums, and industry rules vary, so confirm with your state labor department before relying on this for payroll or a legal decision.

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How to file a wage claim in North Dakota

To recover unpaid wages in North Dakota, file with North Dakota Dept. of Labor and Human Rights. Federal law lets you claim up to 2 years of back pay (3 if the violation was willful), plus an equal amount in liquidated damages.

Where to file in North Dakota
Agency
North Dakota Dept. of Labor and Human Rights
Federal window
2 years of back pay, or 3 if the violation was willful, plus equal liquidated damages.
North Dakota adds
North Dakota follows the federal framework; confirm any extra state penalties with the agency above.

Step by step

  1. 1
    Gather your records

    Collect pay stubs, time records, schedules and any texts about hours. In North Dakota, your own honest records can carry a claim if the employer's are missing.

  2. 2
    Work out what you're owed

    The back-pay estimator adds up the unpaid wages and how far back you can recover them.

  3. 3
    Send a written demand

    Many disputes settle after a dated letter that states the amount owed and the deadline you're giving the employer to pay.

  4. 4
    File with North Dakota Dept. of Labor and Human Rights

    If the employer doesn't pay, file a wage claim with the agency below. Filing is free and you don't need a lawyer.

  5. 5
    Mind the deadline

    Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter deadline for its own process, so don't wait.

North Dakota wage claim questions

Who do I file an unpaid-wage claim with in North Dakota?

North Dakota Dept. of Labor and Human Rights. You can also file a federal complaint with the U.S. Department of Labor's Wage and Hour Division. You can also sue in court, often with an employment attorney.

How far back can I recover unpaid wages in North Dakota?

Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages.

Can my employer retaliate for filing a wage claim in North Dakota?

No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.

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