Minimum Wage Preemption: Fargo vs West Fargo
How do minimum wage preemption rules compare between Fargo, ND and West Fargo, ND?
Fargo has fewer restrictions than West Fargo.
Fargo, ND
Cass County
North Dakota preempts local minimum-wage rules under NDCC 34-06-22, so Fargo employers follow the state and federal minimum of 7.25 dollars per hour set by the FLSA.
View full Fargo rules →West Fargo, ND
Cass County
North Dakota sets a uniform statewide minimum wage under NDCC 34-06, and political subdivisions cannot establish higher local wage floors for private employers.
View full West Fargo rules →Key Facts Comparison
| Fact | Fargo | West Fargo |
|---|---|---|
| Wage floor | $7.25 per hour | - |
| Tipped wage | $4.86 per hour | - |
| Preemption statute | NDCC 34-06-22 | - |
| Overtime | 1.5x over 40 hours weekly | - |
| - | - |
Highlighted rows indicate differences between cities.
Fargo FAQ
Can Fargo set a higher minimum wage?
No. State law preempts city or county minimum-wage ordinances, so Fargo cannot legally enact a wage floor above the state and federal rate.
Are tipped workers really paid only $4.86?
The cash wage can be $4.86 if tips bring the worker to $7.25 hourly. If tips fall short, the employer must make up the difference each pay period.
West Fargo FAQ
What is the North Dakota minimum wage?
7.25 dollars per hour, matching the federal floor under NDCC 34-06.
Can Fargo set a higher minimum wage?
No. State law preempts local minimum wage ordinances for private-sector employers.
How are tipped workers paid?
Tipped employees may be paid 33 percent below the minimum if tips bring total pay to the minimum.
Compare other topics
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