North Dakota Labor Laws Salaried Employees

In addition, when voting on tip pooling, the employer must keep a written record of each tip pooling vote – as well as the names of the employees who voted. Employers can test their candidates or employees for drugs or alcohol. However, you will have to pay for the test as well as all medical records. Under North Dakota law, an employer can charge a tip of no more than 33% of the minimum wage. That being said, North Dakota`s reversed minimum wage is $4.86 per hour. However, no employee in North Dakota can be forced to associate with co-workers, join a union, form a union, or support it as a condition of employment. An employer may deduct from the wages of its employees if: The Right to Work Act gives workers the opportunity to decide whether or not they want to be members of a union in the workplace. Some North Dakota employees are exempt from the $7.25 per hour minimum wage. These employees include: Under North Dakota law, all employees who leave their employment, for any reason, must receive all final wages no later than the regular pay day on which the wages would be due. Your job will be classified as a professional position if your primary responsibilities require advanced knowledge and extensive training, including artists, certified teachers, and qualified IT professionals. Your work must be remunerated, primarily intellectually, and you should be expected to discriminate and exercise judgment.

You cannot devote more than 20% of your time to activities not directly related to the tasks described above in order to be classified as professional. Since there is no uniform whistleblower law in North Dakota, other laws provide protection for whistleblowers. COBRA is a federal law that allows many employees to continue receiving their health insurance benefits after their employment ends. Because the federal COBRA only applies to employers who have 20 or more employees, many states have passed their own versions of the law known as “mini-COBRA.” The North Dakota Mini-COBRA allows employees to maintain coverage for up to 39 weeks. Each individual certificate of coverage must contain a reference to the right to continue coverage. We recommend notifying an employee as soon as a triggering event occurs. The RSA specifically covers certain jobs and exempts others from overtime pay. The following jobs are specifically covered by federal overtime pay laws: Please note that this guide was written in the second quarter of 2022, so changes to labor laws that were incorporated later may not be included in this guide to North Dakota labor law. This country-specific guide covers labor laws, laws, rules, and regulations that North Dakota HR professionals and clients often encounter or have questions.

In North Dakota, employers are required to pay employees overtime under the FLSA if the employee worked more than 40 hours in a work week. Under the RSA, they are required to pay one and a half hours for all hours worked during the 40 hours. Overtime is billed weekly. In North Dakota, some employees who receive a fixed salary are eligible for overtime pay under the fluctuating work week (FWW) method. Your team can track in-person work time via the web or mobile app, or you can set up a time kiosk from which employees can clock in and out. Under North Dakota law, employees whose employment has been terminated have the right to maintain their health insurance coverage or that of their eligible dependents for 39 weeks after termination. Employers are encouraged to establish a program that allows employees to be absent to vote, but this is voluntary for employers and there is no guaranteed right to absence. While federal law does not regulate breaks or meal times with respect to youth employment, North Dakota law requires that each worker on each shift be entitled to 30 minutes of meal time that exceeds 5 hours of work (assuming 2 employees are on duty). Your job is classified as an administrative position if your primary task is non-manual work related to business transactions, management policies, or administrative training.

Your job must be paid to meet the requirements, and you must not spend more than 20% of your time on activities that do not fit the categories described above (or 40% in a retail environment). If an employer pays wage differences in exchange for N.D. cents. Code § 34-06.1-03, it may not reduce the salary of an employee in order to comply with the chapter; Instead, they must increase the wages of the less discriminatory employee or workers. Employers are also prohibited from retaliating against workers who file complaints or participate in investigations under this Act. Here are some labor regulations and restrictions regarding child labor in North Dakota. The ultimate guide to North Dakota labor law: minimum wage, overtime, break, vacation, hiring, termination, and various labor laws. Eligible employees in North Dakota must receive overtime pay equal to one and a half (1.5) times the regular rate of pay. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to earn overtime for anyone over 40 hours in a single week (or daily overtime limits set by North Dakota`s overtime laws). If your job involves manual labor (e.g., construction workers, factory attendants, cashiers, etc.), you`re probably protected by overtime law. Field workers (who often set their own hours of work) are also exempt from the ND overtime requirement, as are certain types of computer-related workers. Independent contractors who are not considered legal employees are also exempt from the application of the Overtime Act.

Other exempt positions include certain transport workers, some agricultural and agricultural workers, and certain domestic workers such as housekeepers. In the Miscellaneous section, we cover the following labor laws: Retail employers must allow their employees to have at least 24 consecutive hours of leave in a seven-day period. State law “encourages” employers to allow workers to take time off to vote if their hours conflict with election hours. However, there is no guaranteed right to the waiting period. However, OSHA only covers private sector workers and their employers. Individuals have a right to work that cannot be “denied or curtailed” on the basis of membership or non-membership in a trade union or organization, and any contract to the contrary is invalid, void and unenforceable. North Dakota does not expressly permit or prohibit employers from obtaining credit checks for applicants or employees. Eligible employees and their dependents are those who have been continuously insured under the group policy for 3 months until termination of employment. Your job is classified as a management position if your full-time responsibility is to manage two or more employees. You can`t spend more than 20% of your time on other activities (or 40% in a retail business), and your job should be a paid position. North Dakota law requires employers to pay non-exempt workers an overtime rate of 1 1/2 of their regular rate for all hours worked in excess of 40 hours in a work week.

Although federal law does not require workplace breaks, North Dakota employees are entitled to a minimum of 30 minutes of meal on each shift of more than 5 hours of work. Private employers are not required to provide their employees with paid leave or sick leave. However, the employer is subject to the Federal Family Leave Act and its requirements. Eligible employees of insured employers are entitled to 12 weeks of job-protected leave without pay over a 12-month period to care for a spouse, child or parent who has a critical medical condition or a serious medical condition that renders the employee unable to perform the essential duties of his or her job. Paid leave includes annual leave, time gained, personal days or other arrangements designed to provide compensation as vacation. When a private employer offers paid leave, it cannot require an employee to lose accumulated or acquired leave upon termination of the employment relationship, but it may limit the leave that an employee can accumulate over time if the employee was aware of such a provision. All leave is considered paid time unless the employer explicitly separates paid leave from sick leave. However, these meal times are not paid and can be provided when 2 or more employees are on duty. Generally, 14 is the minimum age to work under North Dakota state law.

A minor aged 14 or 15 may not be employed or authorized to engage in any occupation other than farming, housekeeping or employment and may be directly supervised by his or her parents or guardian, unless he or she is exempt from compulsory schooling or holds a certificate of employment signed by his or her parents or guardians as defined by law.