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North Dakota break, overtime and sick leave rules

Meal and rest breaks, overtime and paid sick leave in North Dakota, in plain words. Last reviewed October 31, 2026. Not legal advice.

The rules in North Dakota#

Meal breaks
A 30‑minute meal period, if the employee wants it, on each shift over 5 hours, when two or more employees are on duty. Unpaid if the employee is completely relieved of duty. The employee may waive it by agreement with the employer.
Rest breaks
No general paid rest break rule for adults.
Overtime
1.5 times the regular rate after 40 hours in a workweek. No daily overtime, double time or seventh‑day rule.
Paid sick leave
No statewide paid sick leave law.

How Oh! Thyme handles North Dakota#

Oh! Thyme runs a company in North Dakota on the federal rules. On every shift it checks:

  • Overtime after 40 hours in a workweek, worked out week by week
  • Every punch and break, to the minute
  • Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.

Not checked in North Dakota: its meal break rules. The break times are on every timesheet for a supervisor to see; tell us at support@ohthyme.com if your company needs them checked.

Try it with sample data

Sources#

  1. North Dakota Department of Labor and Human Rights: Wage and Hour FAQ
  2. US DOL Wage and Hour Division: Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector
  3. US DOL Wage and Hour Division: Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector
  4. US DOL Wage and Hour Division: State Minimum Wage Laws (overtime premium pay notes)
  5. A Better Balance: Paid Sick Time Legislative Successes (list of statewide laws)