Wage-and-hour ground rules for hotel and hospitality employers in North Dakota — minimum wage, tipped-employee rules, overtime, breaks, premium pay, and the hotel-specific obligations that apply on top. Figures below were last reviewed on June 12, 2026; most rates adjust annually.
Verified as of June 12, 2026 — every figure on this page was checked against the official sources listed at the bottom on that date. How we verify →
Minimum wage#
The North Dakota minimum wage is $7.25 per hour, effective July 24, 2009. State minimum wage equals the federal $7.25 (N.D.C.C. ch. 34-06; N.D. Admin. Code 46-02-07); no scheduled increases.
Preemption North Dakota preempts local minimum wage ordinances — cities and counties cannot set their own general wage floors.
Tipped employees & tip pooling#
North Dakota allows a tip credit: employers may pay tipped employees a cash wage of $4.86 and claim up to $2.39 per hour in tips toward the minimum wage. Tipped employee = customarily and regularly receives more than $30/month in tips; employer must have verifiable evidence of tips received. North Dakota caps the tip credit at 33% of the minimum wage (N.D. Admin. Code 46-02-07-03), so the cash minimum is $4.86 — well above the federal $2.13. Hotels must pay the higher state cash wage.
Tip pooling#
State rule allows pooling among employees who customarily receive tips with limits on mandatory contributions; FLSA manager/supervisor exclusions also apply. (N.D. Admin. Code 46-02-07-03; 29 U.S.C. §203(m)(2)(B))
See the federal baseline rules in our tip credit and tip pooling briefs — the stricter of federal or North Dakota law controls.
Overtime#
Overtime is due after 40 hours in a workweek. State overtime at 1.5× over 40 via administrative rule (N.D. Admin. Code 46-02-07-02(4)); no daily OT.
Run the math — including the tipped-overtime trap — with the tipped overtime calculator.
Meal & rest breaks#
Meal breaks: 30-minute meal period (unpaid if completely relieved of duties) for shifts exceeding 5 hours when there are two or more employees on duty; employee may waive in writing or by mutual agreement. (N.D. Admin. Code 46-02-07-02(3))
Rest breaks: Not required by North Dakota law.
Scheduling & premium pay#
- Reporting-time pay: None required by state law.
- Split-shift premium: None.
- Spread of hours: None.
Service charges & gratuities#
North Dakota has no service-charge-specific statute — the federal tip/service-charge line (and IRS treatment) controls. Background: service charges, auto-gratuities & resort fees.
Pay administration#
- Pay frequency: At least once each calendar month on regular agreed paydays (N.D.C.C. §34-14-02).
- Wage statements: Employers must furnish employees a statement of deductions made from wages each pay period. (N.D.C.C. ch. 34-14)
- Exempt salary floor: $684.00/week (federal) — Federal $684/week applies.
- Lodging credit: Reasonable deductions/credits for board and lodging furnished and accepted are permitted per state rule with documentation.
2019 preemption law (HB 1193) bars political subdivisions from enacting or enforcing a minimum wage above the state rate. The 33% tip-credit cap ($4.86 cash) is the key ND-specific hotel payroll setting — payroll systems defaulted to the federal $2.13 will underpay tipped F&B staff.
Official sources#
- ND Dept. of Labor and Human Rights
- ND Dept. of Labor — Minimum wage & work conditions (accessed 2026-06-12)
- Minimum-Wage.org — North Dakota tipped minimum (cross-check $4.86/33%) (accessed 2026-06-12)
- Inforum — ND Senate approves bill banning local minimum wage hikes (2019 HB 1193) (accessed 2026-06-12)