North Dakota Minimum Wage 2026: $7.25 Per Hour, Tips and Claims

Except as otherwise provided under this chapter and rules adopted by the commissioner, every employer shall pay to each of the employer's employees: Effective July 24, 2007, a wage of at least five dollars and eighty-five cents per hour; Effective July 24, 2008, a wage of at least six dollars and fifty-five cents per hour; and Effective July 24, 2009, a wage of at least seven dollars and twenty-five cents per hour. This section does not limit the authority of the commissioner to adopt rules establishing a state minimum wage rate that differs from the rates established under subsection 1.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

As used in this section: "Employ" has the same meaning as provided under section 34-06.1-02. "Employer" includes a person acting directly or indirectly in the interest of an employer in relation to an employee. The term may include a public agency, other than the federal government, and an employer that has a contract or subcontract with a political subdivision or that has received tax abatements, loan guarantees, or other financial assistance from the political subdivision. "Living wage mandate" means a requirement enacted by a political subdivision which requires an employer to pay any or all of the employees of the employer a wage rate not otherwise required under the law of this state or federal law. "Political subdivision" includes a city, county, township, school district, or any other local government of this state. A political subdivision may not enact, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution a living wage mandate in an amount greater than the applicable minimum wage rate of this state.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

The commissioner may issue to an employee whose productive capacity for the work to be performed is impaired by physical or mental disability, or to any student or learner enrolled in a career and technical education or related program, a special license authorizing the employment of that licensee at less than the minimum wage. The commissioner may also issue special licenses to community rehabilitation programs for the handicapped which engage in the occupation and responsibility of representing and placing for the purpose of training, learning, or employment of those employees whose productive capacity for the work to be performed is impaired by physical or mental disability. The commissioner shall issue such licenses under rules adopted by the commissioner.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

Any person who violates any of the provisions of this chapter, or any rule issued pursuant thereto, is guilty of a class B misdemeanor.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

No employer may discharge or in any other manner discriminate against any employee because such employee has testified or is about to testify, or because such employer believes that the employee may testify, in any investigation or proceeding under or relative to this chapter.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

Also relied on in: North Dakota Whistleblower Laws: Protections and How to Report

An employee may file with the department a claim for wages due under this chapter or under chapter 34-06 if the filing is made within two years from the date the wages are due and the amount of the wages claimed due is at least one hundred twenty-five dollars but not more than fifteen thousand dollars. For purposes of this section, wages are due at each regular payday immediately following the work period during which wages were earned. If the department denies the claim for wages due because the amount claimed is less than one hundred twenty-five dollars, the department shall inform the claimant of the opportunity for the claimant to pursue the claim in small claims court under chapter 27-08.1. If the department denies the claim for wages due because the amount claimed is more than fifteen thousand dollars, the department shall inform the claimant of the opportunity for the claimant to pursue the claim in district court under chapter 27-05.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov

Also relied on in: North Dakota Final Paycheck Laws: No Accelerated Deadline

An employer may not discharge, discipline, threaten discrimination, or penalize an employee regarding the employee's compensation, conditions, location, or privileges of employment because: The employee, or a person acting on behalf of an employee, in good faith, reports a violation or suspected violation of federal, state, or local law, ordinance, regulation, or rule to an employer, a governmental body, or a law enforcement official. The employee is requested by a public body or official to participate in an investigation, a hearing, or an inquiry. The employee refuses an employer's order to perform an action that the employee believes violates local, state, or federal law, ordinance, rule, or regulation. The employee must have an objective basis in fact for that belief and shall inform the employer that the order is being refused for that reason. An employer who willfully violates this section is guilty of an infraction.

Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at ndlegis.gov

As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate

Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status

After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)

Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.

Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027

No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1  See References in Text note below.  — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028