North Dakota Break Laws

April 11th 2024

A comprehensive grasp of break laws ensures legal compliance for employers and creates a mutually beneficial workplace environment for employees and employers alike. The objective of this guide is to clarify the break laws afforded to employees in North Dakota under both federal and state regulations.

This article covers:

Meal Breaks in North Dakota

Employers in North Dakota are required to provide employees with an unpaid meal break lasting at least 30 minutes if their shift lasts more than 5 hours and there are more than two employees on duty. It is important to note that a meal break may only be unpaid if an employee is completely relieved of their duties for the duration of the break. Employees can also waive their right to a meal break in a mutual written agreement with their employer.

Employers can also provide 10 or 15-minute ‘coffee breaks’ to employees, which must be compensated for.

Breastfeeding Breaks in North Dakota

Breastfeeding employees in North Dakota are protected by the FLSA’s Pump for Nursing Mothers Act, under the federal Fair Labor Standard Act (FLSA).

The Act makes it obligatory for employers to designate a break period for nursing employees to express milk for a year after a child’s birth. Employers are required to provide a private space, other than a bathroom, in which they can express milk. The nursing employee should also be provided with access to clean water sources for hygiene purposes and cleaning, an electrical outlet or extension for electric pump usage, as well as a designated proper space for the storage of breast milk.

Employees are safeguarded from being fired or punished for nursing or expressing milk.

Break Obligations for Minor Employees in North Dakota

There are no specific state regulations that mandate breaks or rest periods for minors in North Dakota. However, employers are required to display a printed notice in a visible place that clearly states minor employees’ working hours, their permitted break/meal times, as well as their off days.

Penalties for Violating Break Laws in North Dakota

An employee can fill out a Complaint Inquiry form with the North Dakota Department of Labor and Human Rights if they suspect non-compliance with wage or human rights laws at their workplace. After the complaint inquiry is submitted, the Department may conduct a formal investigation into the complaint and directly contact the employer.

Learn more about North Dakota Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.