Minimum Wage in North Dakota: $7.25, a 33% Tip Credit and Meal Rules

North Dakota's rules come from the Minimum Wage and Work Conditions Order, enforced by the Department of Labor and Human Rights. This guide uses the department's ND Minimum Wage and Work Conditions summary poster, its website and the U.S. Department of Labor's state, meal break and payday tables, all read in October 2026.

North Dakota's main work conditions

Rule	North Dakota (as of October 2026)
Minimum wage	$7.25 an hour
Tip credit	33% of the minimum wage
Minimum direct wage for tipped staff	$4.86 an hour (since July 24, 2009)
Meal period	30 minutes in shifts over 5 hours, when 2 or more employees are on duty
Overtime	Time and a half after 40 hours a week

The tipped wage is higher than the federal one

North Dakota's tipped cash wage is $4.86 an hour, more than double the federal $2.13. The poster says employers must keep written records showing tipped employees get at least the full minimum wage for all hours worked once direct wages and tips are combined. If you share tips among staff, my tip pooling guide explains how pools work.

The meal period rule most people get half right

Here's the condition people miss. A 30-minute meal period is required in shifts of more than five hours only when two or more employees are on duty. A lone worker on a six-hour shift isn't covered by this rule. Other points from the poster:

• An employee can waive the meal period by agreement with the employer.
• A meal period can be unpaid only if the employee is completely relieved of duties and it lasts at least 30 minutes.
• Coffee breaks of around 15 minutes aren't required, but if you offer them they must be paid.
• A collective bargaining agreement takes precedence over the meal period rule, per the U.S. Department of Labor's table.

My lunch break laws guide compares North Dakota with other states.

Overtime rules in North Dakota

1. Pay time and a half the regular rate for hours over 40 in a workweek.
2. Work it out weekly, whatever the length of the pay period.
3. Count only hours worked: paid holidays, paid time off and sick leave don't count toward overtime hours.
4. Don't bank overtime: compensatory time off isn't legal for non-exempt staff in private employment.
5. Add together all hours if someone works two jobs for the same employer.

The poster lists exemptions, such as companionship services under N.D.C.C. 34-06-03.1, and special rules: taxi drivers get overtime after 50 hours a week, and hospitals and residential care establishments may agree a 14-day overtime period with staff. The overtime laws guide covers the federal side.

Computer professionals and youth workers

One overtime exemption carries a pay figure. A computer professional who designs, develops, analyses, tests or modifies programs is exempt if paid hourly at a rate of at least $27.63, as of October 2026, according to the poster.

For young workers, the poster sets maximum hours of 18 in a school week, meaning any week with school on four or more days, and 40 in a non-school week. The department also runs a youth employment section on its website.

Deductions from pay

North Dakota is strict about deductions. The poster says a one-off deduction for damage, breakage, shortage or negligence must be authorised by the employee at the time of the deduction, not in a blanket clause signed at hiring. And no deduction can take pay below the minimum wage for all hours worked in the pay period.

Required posters and where to get them

Hiring young workers? The department's youth employment section and the federal child labour rules both apply. Federal rules limit 14 and 15 year olds to 18 hours in a school week, which matches the North Dakota poster's school-week cap.

Paid time off has its own rule on the poster too. If an employer wants to limit how awarded paid time off is paid out, it must give the employee written notice of that limitation before the time off is awarded, not afterwards. Put the rule in your handbook and in each offer letter.

The department publishes the required state and federal posters free of charge on its website, under education and other resources. It describes the ND Minimum Wage and Work Conditions summary poster as a good summary of state law, and it's the source for most of this page. Print it, post it where staff can see it and replace it when the department updates it.

Employers also have to display the federal minimum wage notice, and our guide to federal labor law posters lists which federal posters apply and where to get them free.

North Dakota and its neighbours

State	Basic minimum wage (as of October 2026)
North Dakota	$7.25
Minnesota	$11.41
South Dakota	$11.85
Montana	$10.85

North Dakota is the low point in the region. Fargo and Moorhead sit across the Red River from each other, and a shift on the Minnesota side has a floor of $11.41. See the Minnesota minimum wage page if you employ staff there.

My verdict

North Dakota pays $7.25 an hour as of October 2026, but it's more generous than the federal rules in two places: the $4.86 tipped cash wage and the paid-coffee-break rule. The detail to remember is the meal period. It only applies when two or more staff are on duty, and it can be waived by agreement.

Vermont handles tips differently again, setting the tipped cash wage as a share of a higher standard rate, as the Vermont minimum wage guide shows.

Frequently asked questions

What is the minimum wage in North Dakota?

It's $7.25 an hour as of October 2026.

What is the tipped minimum wage in North Dakota?

Employers can take a 33% tip credit, so the lowest direct cash wage is $4.86 an hour, and tips must bring pay to $7.25.

Does North Dakota require a lunch break?

Yes, a 30-minute meal period in shifts over five hours, but only when two or more employees are on duty. It can be waived by agreement.

Are coffee breaks paid in North Dakota?

Short breaks aren't required, but if an employer offers them they must be paid.

How many hours can teenagers work in North Dakota?

The poster sets a maximum of 18 hours in a school week and 40 hours in a non-school week for young workers.

Can North Dakota employers give comp time instead of overtime?

No. Compensatory time isn't legal for non-exempt employees in private employment, so overtime must be paid.