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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Criminal justice proceeding
North Dakota law provides that employers of victims and witnesses must cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.
Jury duty
North Dakota law does not require private sector employers to pay employees serving on jury duty.
North Dakota law requires public sector employees to be paid for jury duty, minus any fee received from the court.
Paid time off (PTO)
North Dakota law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
When an employee involuntarily separates from employment, an employer must pay out all accrued or earned vacation upon separation.
If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:
- At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;
- The employee has been employed by the employer for less than one year; and
- The employee gave the employer less than five days' written or verbal notice.
Voting
North Dakota law encourages employers to establish a program to grant an employee who is a qualified voter to be absent from the employee’s employment for the purpose of voting unless the employee has time to vote during nonworking hours.
State
Contact
North Dakota Department of Labor Wage and Hour Division
Regulations
N.D. Administrative Code Chapter 46-02-07, Section 02, Standards that apply, paragraph 12
N.D. Statute 34-14-09.2, Limitations on accrued paid time off
Federal
Contacts
None.
Regulations
None.