Dealing With Unpaid Wages in North Dakota
My employer hasn't paid me — here's what North Dakota law says and what to do next.
Statute: N.D. Cent. Code § 34-14-03
Deadline: 15 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How North Dakota differs from federal law
North Dakota's minimum wage matches the federal minimum:
- $7.25/hr — the federal minimum wage, which North Dakota has adopted
- North Dakota allows a tip credit — tipped employees can be paid 33% less than the minimum wage if tips bring total to $7.25/hr
- There is no separate youth minimum wage beyond federal provisions
- Despite the oil boom, North Dakota has not raised its minimum wage above federal levels
- Market wages in the western oil fields are significantly above the minimum wage
Additional steps in North Dakota
File wage complaints with the North Dakota Department of Labor at (701) 328-2660 or nd.gov/labor.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
Answer a few questions. We generate a personalized unpaid wages citing North Dakota's exact statute, deadline, and penalties — ready to print and send in minutes.
Lawyers charge $350+. Your letter: $19.
Generate your unpaid wages →This page is general legal information for North Dakota, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in North Dakota.