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North Dakota Employment Laws

North Dakota is both an at-will employment and a right-to-work state. The North Dakota Human Rights Act prohibits employment discrimination on several bases but does not explicitly cover sexual orientation or gender identity. The state minimum wage matches the federal rate of $7.25/hour. North Dakota does not mandate paid sick leave or paid family leave for private employers. Noncompete agreements are generally void under state law.

Last verified: 2026-02-26

Statute of Limitations

300 days (NDHRA); varies for other claimsN.D. Cent. Code § 14-02.4-19

Discrimination complaints under the North Dakota Human Rights Act must be filed with the Department of Labor and Human Rights within 300 days. Federal EEOC charges must also be filed within 300 days. Wage claims have varying deadlines.

Key North Dakota Statutes

North Dakota Human Rights ActN.D. Cent. Code § 14-02.4-01 et seq.

Prohibits employment discrimination based on race, color, religion, sex, national origin, age, disability, marital status, and public assistance status. Applies to employers with one or more employees. Does not explicitly include sexual orientation or gender identity as protected classes.

North Dakota's minimum wage is $7.25/hour, matching the federal minimum. Tipped employees may be paid a minimum cash wage of $4.86/hour (33% tip credit) if they customarily receive more than $30/month in tips.

Noncompete Agreements — Generally VoidN.D. Cent. Code § 9-08-06

Every contract restraining someone from exercising a lawful profession, trade, or business is void. Limited exceptions exist for the sale of business goodwill or dissolution of a partnership, LLC, or corporation, where reasonable geographic area and time restrictions may be permissible.

North Dakota is a right-to-work state. Employers may not require union membership as a condition of employment, and employees cannot be coerced to join a labor union.

No State Paid Leave MandateN.D. Cent. Code Title 34

North Dakota does not require private employers to provide paid vacation, paid sick leave, or paid family leave. Employers must honor any existing policies or contractual agreements regarding leave.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at North Dakota Century Code. For advice about your specific situation, consult a licensed attorney.

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