North Dakota · updated 2026-10
North Dakota Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
Time and a half after 40 hours a week (N.D. Admin. Code 46-02-07-02(4)). Taxi drivers get overtime after 50 hours. Hospitals may use an 8/80 system.
Meal break
30 min
Yes: 30 minutes for shifts over 5 hours, usually unpaid. Required for shifts over 5 hours only when 2 or more employees are on duty. Employees may waive it by agreement, and a collective bargaining agreement overrides it.
Rest breaks
Not required
North Dakota law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
North Dakota time card
| Day | Clock in | Break min | Clock out | Hours |
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North Dakota pay and break questions
When does overtime start in North Dakota?
Time and a half after 40 hours in a workweek. Time and a half after 40 hours a week (N.D. Admin. Code 46-02-07-02(4)). Taxi drivers get overtime after 50 hours. Hospitals may use an 8/80 system.
Are lunch breaks required in North Dakota?
Yes: 30 minutes for shifts over 5 hours, usually unpaid. Required for shifts over 5 hours only when 2 or more employees are on duty. Employees may waive it by agreement, and a collective bargaining agreement overrides it.
Are rest breaks required in North Dakota?
North Dakota law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in North Dakota?
$7.25 an hour (since 2009-07-24). Tipped direct wage is $4.86.
Workers under 18 in North Dakota
Teens have extra limits on hours and times of day, and may need a work permit. See North Dakota teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the North Dakota Department of Labor and Human Rights.