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Fargo, ND Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

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

Summary

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.

34-06-23. Living wage mandate prohibition - Political subdivisions. 1. As used in this section: ...c. '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. d. 'Political subdivision' includes a city, county, township, school district, or any other local government of this state. 2. 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.

Source: ND Century CodeView official code

Full Breakdown

Under NDCC 34-06-22, North Dakota sets the statewide minimum wage and bars cities from creating local wage floors. The state matches the federal Fair Labor Standards Act rate of 7.25 dollars per hour. Tipped employees may be paid 4.86 dollars per hour as long as tips bring total compensation to at least 7.25 dollars. Microsoft, Sanford Health, NDSU, and other large Fargo employers pay well above this floor. The state also follows FLSA overtime at time-and-a-half for hours over 40 per week.

Violations & Fines

Paying below 7.25 dollars per hour or failing required overtime can trigger ND Department of Labor investigations, back wages, liquidated damages, and federal FLSA enforcement.

Frequently Asked Questions

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.

Sources & Official References

Other rules in Fargo

Parking Rules: Overnight ParkingSome RestrictionsFence Regulations: Height LimitsSome RestrictionsNoise Ordinances: Vehicle NoiseSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsAnimal Ordinances: Cat RulesSome Restrictions

All Fargo rules

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