North Dakota Statewide Rule
North Dakota Minimum Wage Preemption Statewide
Key Facts
- Statewide Minimum Wage
- Statewide minimum wage set at federal 7.25 dollar rate
- NDCC 34-06 Governs
- NDCC 34-06 governs private-sector wage rules
- Local Minimum Wage
- Local minimum wage ordinances are preempted
- Tipped Employees Earn
- Tipped employees may earn 33 percent less hourly
- Department Labor Investigates
- Department of Labor investigates wage complaints
Summary
North Dakota sets a uniform statewide minimum wage under NDCC 34-06, and political subdivisions cannot establish higher local wage floors for private employers.
34-06-23. Living wage mandate prohibition - Political subdivisions. 1. As used in this section: a. "Employ" has the same meaning as provided under section 34-06.1-02. b. "Employer" includes a person acting directly or indirectly in the interest of an employer in relation to an employee. The term may include a public agency, other than the federal government, and an employer that has a contract or subcontract with a political subdivision or that has received tax abatements, loan guarantees, or other financial assistance from the political subdivision. 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.
Full Breakdown
Under NDCC 34-06, the North Dakota Department of Labor and Human Rights sets the state minimum wage, currently mirroring the federal rate at 7.25 dollars per hour. The statute occupies the field of private-sector wage regulation, preventing cities, counties, and other political subdivisions from establishing different minimum wage rates. Tipped employees may be paid 33 percent below the standard rate provided tips bring total compensation to or above the minimum. Overtime, deductions, and child labor are also addressed under NDCC 34-06 and 34-07. Political subdivisions may set their own wages for their employees but cannot impose private-sector mandates.
Violations & Penalties
Employers paying below the state minimum wage face civil penalties, back wage liability, and potential damages under NDCC 34-06-15. Willful violations can result in liquidated damages and attorney fees. Local ordinances setting a higher minimum wage are preempted and unenforceable. The Department of Labor investigates wage complaints statewide.
Frequently Asked Questions
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Sources
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