Compensation - North Dakota

Summary of differences between federal and state regulations

The federal Fair Labor Standards Act contains certain provisions in regard to compensation in terms of minimum wage, overtime, child labor and recordkeeping requirements. Corresponding state provisions will be found under those topic areas. States are free to adopt additional provisions that are not regulated by the federal government such as frequency of payday and wage deductions. These provisions are discussed in this section.

Frequency of payday
Employers must pay wages at least monthly on regular paydays designated in advance. §34-14-02

Direct deposit
Employers may use direct deposit in the financial institution of the employee's choice; or, at the election of the employee when offered by the employer, by delivery to the employee of a stored value card. A stored value card that is used by an employer to pay wages must be issued by a federally insured bank or credit union. Before paying wages by delivering a stored value card to an employee, an employer must have deposited funds at least equal to the wages due and any account fees that are charged to the employer by the issuer. §34-14-02

Final pay
When an employee separates from employment, either voluntarily or involuntarily, the employee's unpaid wages or compensation becomes due and payable at the regular paydays. If an employer discharges or terminates an employee, the employer must pay those wages by certified mail. §34-14-03

Authorized deductions
Deductions may be made for amounts required by state or federal law, as well as other individual items that are authorized in writing by the employee, as well as advances made to the employee other than undocumented cash payments. §34-14-04.1

Deductions for medical exam
An employer can not deduct the costs of a medical exam or records required by the employer as a condition of employment. §34-01-15

Unauthorized deductions
An employer may not deduct from an employee’s wages any portion of the employer’s costs for workers’ compensation. Title 65, §65-01-10

State

Contact

North Dakota Department of Labor

Regulations

Frequency of payday
North Dakota Century Code §34-14-02 Agreed payday – direct deposit – stored value card.

Authorized deductions
North Dakota Century Code §34-14-04.1, Limitations on withholdings.

Deductions for medical exam
North Dakota Century Code §34-01-15, Employer to pay for medical examination – penalty for violation.

Unauthorized deductions
North Dakota Century Code §65-01-10, Waiver of rights to compensation void – deduction of premium from employee prohibited – penalty.

Federal

Contacts

None.

Regulations

None.