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North Dakota Employment Law

North Dakota Human Rights Act covers all employers (1+) with a 300-day filing deadline. Includes unique protection for lawful off-duty activity and public assistance status.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$7.25

North Dakota State Laws (3)

ND HRA

N.D. Cent. Code §§ 14-02.4-01 to 14-02.4-23

300 days
1+ employees

The North Dakota Human Rights Act prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), disability, marital status, public assistance status, and participation in lawful activity during nonworking hours. The Act covers all employers with one or more employees and complaints must be filed within 300 days with the North Dakota Department of Labor and Human Rights.

Protected Classes

racecolorreligionsexnational originage (40+)disabilitymarital statuspublic assistance statusparticipation in lawful activity during nonworking hours

Key Provisions

  • ✓Covers all employers with 1 or more employees, providing broad employer coverage
  • ✓Includes protection for public assistance status and lawful off-duty activity
  • ✓North Dakota Department of Labor and Human Rights investigates complaints and may hold administrative hearings

Remedies

Back payReinstatementCompensatory damagesAttorney fees and costsInjunctive reliefCease-and-desist orders
File with: North Dakota Department of Labor and Human Rights300 days from the discriminatory act

ND Lawful Off-Duty Activity

N.D. Cent. Code § 14-02.4-03(1)

— days
1+ employees

Prohibits employer discrimination based on participation in lawful activity off the employer's premises during non-working hours, unless the activity is in direct conflict with the essential business interests of the employer.

Key Provisions

  • ✓Prohibits employer discrimination based on participation in lawful activity off the employer's premises during non-working hours, unless the activity is in direct conflict with the essential business interests of the employer.

Remedies

Civil damagesreinstatementattorney fees
File with: ND Department of Labor and Human RightsNot specified

ND Mass Layoff Notice

N/A — North Dakota has no state mini-WARN

— days
100+ employees

North Dakota does not have a state mini-WARN. Mass layoffs and plant closings governed solely by federal WARN.

Protected Classes

mass_layoffplant_closinglack_of_notice

Key Provisions

  • ✓North Dakota does not have a state mini-WARN. Mass layoffs and plant closings governed solely by federal WARN.

Remedies

Federal WARN remedies only
File with: Federal courtFederal WARN

Federal Laws That Apply in North Dakota

These federal statutes protect workers nationwide, including in North Dakota. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in North Dakota

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.North Dakota laws are subject to legislative changes. Consult a qualified employment attorney in North Dakota for advice about your specific situation. Last reviewed: March 2026.