A North Dakota employment contract governs the rights and obligations between an employee and an employer. As well as the amount and frequency of payment, an employment contract outlines the benefits the employee may be entitled to as part of their employment. It will also state the duration of the employment and how it can be terminated.
A North Dakota employment contract must have mutual assent, a valid offer/acceptance, and consideration. It can be expressed or implied, and it may be oral or written [1] .
- Laws: Title 34
- Definition of Employee: According to North Dakota Century Code § 34-06-01, an employee is any individual employed by an employer. This term doesn’t describe anyone who provides ridesharing services or engages in sworn firefighting or law enforcement activities.
By Type
Independent Contractor Agreement
Explains the relationship between an independent contractor and a client.
Non-Compete Agreement
Explains that an employee can't engage in certain business activities to protect an employer's confidentiality.
Hiring in North Dakota
Before you write your North Dakota employment contract, make sure you know the employment laws of North Dakota.
At-Will Employment
North Dakota is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
North Dakota doesn’t have a state-specific minimum wage, so it abides by the federal minimum wage. The federal minimum wage is currently $7.25/hour [2] .
Most employees will receive premium pay for every hour over 40 hours per week that they work.
Child Labor
For minors under 16, employment certificates are required in North Dakota. The North Dakota Department of Labor issues employment certificates for minors who are 14 and 15 years old [3] .
Age certification is not required in North Dakota, but it is common practice for agencies to, on request, provide age certification for minors 16 and over.
Payday
North Dakota requires employers to pay employees on at least a monthly basis.
Meal and Rest Breaks
North Dakota does not have requirements for minimum paid rest periods but does require meal periods. Employees, if they desire, can have a 30-minute meal period on each shift exceeding five hours. If the employee is completely relieved of their work duties while having a meal period, they do not need to be paid [4] .
Recordkeeping Requirements
North Dakota employers must keep employee records, including the employees’ names, SSNs, and wages paid, for at least five years [5] . They must also maintain the employment certificate of every employee under 16.
Sample
Download a North Dakota employment contract template below in PDF or Word format.
