North Dakota’s minimum wage is $7.25 an hour in 2026, the rate state law set effective July 24, 2009 [1]. The law lets the labor commissioner set a different rate by rule [1], but no change has been set for 2027. No North Dakota city or county can require a higher wage [2].
At a glance
| Worker | Hourly minimum |
|---|---|
| Most employees | $7.25 |
| Tipped employee (more than $30 a month in tips), cash wage | $4.86 |
| Vocational education student with a commissioner-issued certificate | Not below 85% of the state minimum wage |
Where the rate comes from
North Dakota raised its minimum wage in three steps: $5.85 on July 24, 2007, $6.55 on July 24, 2008, and $7.25 on July 24, 2009 [1]. The rate has stayed at $7.25 since. The details, from tips to overtime, are in the state’s Minimum Wage and Work Conditions Order, a set of rules from the Department of Labor and Human Rights [5].
Tipped workers
A tipped employee is a service employee who customarily and regularly gets more than $30 a month in tips [4]. Service employees give direct, face-to-face service to customers; cooking and dishwashing don’t count [4].
For tipped employees, the employer can count tips toward the minimum wage, but the tip credit can’t be more than 33% of the minimum wage [3]. At $7.25, that leaves a cash wage of at least $4.86 an hour. An employer that uses the tip credit has to tell the employee in advance and keep written records showing the employee gets at least the minimum wage once wages and the credit are combined [3].
Tip pooling
Tip pooling is allowed only among tipped employees, and only after a vote: more than half of all tipped employees (50% plus one) have to approve it, and the employer has to keep a written record of each vote [3]. If 51% or more of tipped employees ask for a vote on pooling, one has to be held [3].
Overtime and meal breaks
- Overtime: one and a half times the regular rate for hours over 40 in a week [5]. It’s figured week by week, no matter how long the pay period is, and hours can’t be averaged across weeks [5]. Paid holidays, paid time off and sick leave don’t count toward the 40 [5]. Some jobs are exempt, including bona fide executive, administrative and professional employees and agricultural workers [5].
- Meal period: at least 30 minutes in each shift longer than five hours when two or more employees are on duty [5]. An employee can waive it by agreement with the employer, and it can be unpaid only if the employee is completely relieved of duties [5].
- Board and lodging: with a voluntary written agreement, an employer can count the reasonable cost of meals and lodging toward wages, up to $18 a day [5].
Cities and counties can’t go higher
North Dakota law says a city, county, township, school district or other local government may not enact, maintain or enforce a living wage mandate above the state minimum wage [2]. That means $7.25 applies the same way in Fargo, Bismarck, Grand Forks, Minot and every other North Dakota community.
If you’re not paid what you’re owed
The North Dakota Department of Labor and Human Rights takes wage claims [6]. Its process [6]:
- Talk to your employer first; many problems get fixed there.
- Send a written demand, preferably by certified mail, and keep a copy.
- File a claim if the dispute isn’t resolved and the amount is between $125 and $15,000. Smaller claims go to small claims court and larger ones to district court.
Claims can cover only wages that came due within the past two years [6]. You can file online, by mail, by email or in person [6]. The department checks whether it can take the claim, notifies your employer, investigates, and sends both sides a determination letter [6].
What $7.25 adds up to
At $7.25 an hour, 40 hours a week for 52 weeks comes to about $15,080 a year before taxes [1]. A tipped worker paid the $4.86 minimum cash wage gets about $194 a week in wages for 40 hours before tips and taxes [3].
Sources
- N.D.C.C. § 34-06-22: State minimum wage rate
- N.D.C.C. § 34-06-23: Living wage mandate prohibition, political subdivisions
- N.D. Admin. Code § 46-02-07-03: Additional standards for service and nonprofit industries (tip credit, tip pooling)
- N.D. Admin. Code § 46-02-07-01: Definitions (service employee, tipped employee)
- N.D. Admin. Code § 46-02-07-02: Standards that apply (overtime, meal periods, board and lodging, student subminimum)
- North Dakota Department of Labor and Human Rights: Wage Claim Process
Next steps
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What is the minimum wage in North Dakota in 2026?
$7.25 an hour. North Dakota law set that rate effective July 24, 2009, and it hasn't changed. State law lets the labor commissioner set a different rate by rule, but no increase has been set for 2027.
What is the tipped minimum wage in North Dakota?
At least $4.86 an hour in cash. North Dakota's minimum wage order lets an employer take a tip credit of no more than 33% of the minimum wage for tipped employees, which is about $2.39 of the $7.25. A tipped employee is one who customarily and regularly gets more than $30 a month in tips.
Can Fargo or Bismarck set a higher minimum wage?
No. North Dakota law bars cities, counties and other local governments from enacting or enforcing a living wage mandate above the state minimum wage.
How do I file a wage claim in North Dakota?
First raise it with your employer, then send a written demand, ideally by certified mail. If that doesn't work, you can file a claim with the North Dakota Department of Labor and Human Rights for disputes between $125 and $15,000, for wages that came due within the past two years.