North Dakota employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Separated employees must be paid all earned wages by the next regular payday or within 15 days, whichever is earlier.

N.D. Cent. Code § 34-14-03 · effective Aug 2019 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Overtime must be paid at 1.5 times the regular rate for hours worked over 40 in a workweek, subject to state-specific exemptions.

N.D. Admin. Code § 46-02-07-02(1) · effective Aug 2022 · source

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Employers must provide a 30-minute unpaid meal break for shifts exceeding 5 hours when 2 or more employees are on duty.

N.D. Admin. Code § 46-02-07-02(2) · effective Aug 2022 · source

Covenants not to compete are void in North Dakota, with very narrow statutory exceptions.

N.D. Cent. Code § 9-08-06 · effective Aug 2019 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990