Knowledge — 9 months ago

North Dakota Employment Law Explained in Full

by Eddie V.

North Dakota Employment Law, North Dakota Employment Laws

Employment Laws - What are Employment Laws in North Dakota?

Companies that are operating in North Dakota, USA, should have complete knowledge of the employment laws of the state because only then, they can hire employees and use their services for running their operations smoothly and legally. Let us now look at some of the broad stipulations of this law.

The NDHRA in North Dakota
According to North Dakota employment laws, it is the NDHRA or The North Dakota Human Rights Act that governs most of the regulations. Let us now look at each of the clauses.

Employee relations, EEO, and Diversity in North Dakota 

Equal Pay in North Dakota
Both male and female employees should be paid equal pay for comparable jobs that come with requirements such as skills, efforts, and responsibilities that are comparable. But differences in pay depending on the seniority system, quality or quantity of output or production, merit system, or other bona fide factors like training, education, and experience are permitted.

Pregnancy accommodation in North Dakota
As per the clauses of the NDHRA, reasonable accommodations have to be provided to female employees when they are pregnant. But the accommodations provided should not interfere or disrupt the operations of the company.

Whistle-blower protections
If an employee refuses to perform the actions his or her employer orders if he or she thinks that they are illegal, he cannot be retaliated. Similarly, if employees report violations or suspected violations of regulations by their employers, participate in investigations, inquiries, hearings, etc. or if they know that there are overlaps between the federal laws, and the state and local laws, they cannot be repudiated or retaliated.

North Dakota Employment Law

Wages and working hours in North Dakota

Minimum wage
According to the employment laws of North Dakota, the minimum wage payable to employees is $7.25 an hour.

Overtime
All the employees covered under the law are eligible for overtime at one-and-one-half times their regular rates for all the hours they work beyond 40 hours a workweek. Paid holidays, sick leave, and paid time off will not be taken into account while computing overtime hours.

Meal breaks
Employees are eligible for a continuous meal break of a minimum duration of 30 minutes after they work for five consecutive hours.

Child labor
According to the employment laws of North Dakota, minors should not be employed at all. The minimum age for employment is 14 but even children of 14 or 15 years of age should not be employed in jobs like cooking, baking, frying, or grilling, manufacturing, using, and disposing explosives, in quarries or mines, in units that manufacture goods for immoral purposes, for door-to-door selling, and in construction-related activities that are considered dangerous.

 

Pay and benefits in North Dakota

Continuation of health care
Health care coverage up to 39 weeks is available to employees and their dependents. Even the former spouse of an employee is eligible for coverage until 36 months after a divorce or an annulment.

Payment of wages
Wages can be paid as cash, or in the form of checks, direct deposits, or electronic pay-cards.

Pay frequency
Employees must be paid at least once during every calendar month on the regular paydays that the employers specify in advance. Similarly, they must be provided with pay statements along with wage payments.

North Dakota Employment Laws

Wage deductions
Only those deductions that are required by federal law, court orders, or state law are permitted. Employers can deduct advances as well that have been paid to the employees. 

Time off and Leaves of absence
Jury duty leave; emergency responder leave, and witness leave are available for employees.

Health and safety
Employers should ensure that employees have a smoke-free workplace. As far as possession of weapons at the workplace are concerned, employees are allowed to have legally-owned firearms, but these firearms should be kept locked in private vehicles in the parking lot of the company. 

Employers cannot search a vehicle to check the presence of firearms. They should not make inquiries about this also. 

Driving practices
Drivers should adopt driving practices that are safe. The most important regulation of such driving practices is that they should not use handheld devices for communicating, composing, reading, or sending electronic messages while driving.

Organizational exit 

Final pay
Upon termination, employees must be paid wages that become due to them. For those employees who have been involuntarily terminated, the final payment due to them should be sent through certified mail to the address agreed or designated by them.


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