Breaks and meal periods - North Dakota

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks. However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

North Dakota does not address breaks.

Meal periods

Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break. During meal periods, the employee must be completely relieved from duty. Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

Employees in North Dakota must receive a minimum of 30 minutes for a meal period if their shift exceeds five hours.  They do not need to be compensated if they are completely relieved of their duties and the meal period is 30 minutes.

Nursing mothers

Although North Dakota does not require employers to provide additional breaks for nursing mothers, employers may claim to be “infant friendly” by adopting a workplace breastfeeding policy.

An employer may use the designation “infant friendly” on its promotional materials if the employer adopts a workplace breastfeeding policy that includes the following:

a. Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;

b. A convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;

c. A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location specified in subdivision b; and

d. A convenient hygienic refrigerator in the workplace for the temporary storage of the mother's breast milk.

The state department of health shall establish guidelines for employers concerning workplace breastfeeding and infant friendly designations.

State

Contact

North Dakota Department of Labor

Regulations

North Dakota Century Code, Title 14, Chapter 46-02-07, North Dakota Minimum Wage and Work Conditions Order

§46-02-07-02. Standards That Apply

A minimum 30-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty. Employees may waive their right to a meal period upon agreement with the employer. Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is ordinarily 30 minutes in length. The employee is not completely relieved if required to perform any duties during the meal period. Collectively bargained agreements will prevail over this provision.

North Dakota Century Code, 23-12-17. Workplace breastfeeding policies - Infant friendly designation

http://www.legis.nd.gov/cencode/t23c12.pdf?20150825120927

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.