Minimum Wage in North Dakota
A brief guide to minimum wage in North Dakota
Employees have various protections under the law. To guard against underpayment, every employer is required to pay minimum wages in North Dakota. The state has not set its own rates for this and follows the federal guidelines established under the Fair Labor Standards Act. Minimum wage in North Dakota is currently set at $7.25 an hour.
Certain exceptions apply. Workers who have not reached the age of 20 may be paid $4.25 an hour for the first 90 days of their employment rather than the standard minimum wages in North Dakota. After 90 days have passed or they reach the age of 20, employers must pay the same wages as any other workers.
Along with obeying the law respecting minimum wage in North Dakota, employers must sufficiently compensate their workers for every hour worked over 40 hours a week. You must be paid time and a half, or $10.88 an hour for all such work. While there is no limit to how many hours a week an employee in minimum wage in North Dakota may be required to work, they must be properly compensated for their labor.
To get around this legal requirement, some unscrupulous employers may try to designate their workers as "salaried" employees. They will pay workers who are making minimum wages in North Dakota the same they would make per hour in one lump sum, then claim that they are not entitled to overtime compensation. However, only workers who perform primarily administrative or intellectual tasks can qualify as "salaried" employees. This is highly unlikely to be the case for anyone who is making minimum wage in North Dakota. Any employee who denies you overtime pay in this way is in violation of the law.
Certain workers will not receive minimum wages in North Dakota. Some exceptions to this rule include salespeople who work on commission and travel industry employees, such as taxi drivers and flight attendants. However, these people will be paid more than people making minimum wage in North Dakota.
If you believe your employer is taking advantage of your labor, you should contact the Hours and Wages division of the United States Department of Labor. This government agency is responsible for ensuring that all laws regarding minimum wages in North Dakota are respected. They will investigate your claims that you have been unfairly denied compensation. If your employer is found to have violated laws regarding minimum wages in North Dakota or any other compensation, they will be fined and you may receive compensation.
Should this government agency decline to act on your behalf, you may decide to go to civil court to obtain proper compensation. You may be able to obtain free legal representation if you are litigating over underpayment of minimum wage in North Dakota. If you are likely to be awarded financial compensation related to underpayment or underpaid wages, a lawyer may agree to work on a "contingency" basis. This means they will take a percentage of whatever financial package you are granted rather than charging directly for their services.
