North Dakota Meal and Rest Break Laws

Although federal law does not mandate the provision of meal and rest breaks, some states have enacted different legislation. Learn more about the meal and rest break requirements in North Dakota.

Do North Dakota Break Laws Differ from Federal Break Laws?

Yes, North Dakota law requires the provision of breaks for all employees.

North Dakota Meal Break Laws

In North Dakota, all employees who work 5+ consecutive hours must receive a break of at least 30 minutes. An exception applies when only one employee is on duty. If the employee is relieved of all work duties during the break, it can be unpaid.

North Dakota Break Laws for Minors

The same meal break law outlined above applies to minor and adult employees.

North Dakota Break Laws for Mothers

The state requires reasonable accommodations for nursing mothers. Nursing mothers must be provided with reasonable breaks and a room to express breast milk. The location cannot be a toilet stall.

North Dakota Day of Rest Laws

A day of rest requirement is in place for employees working in the retail sector, which applies to businesses that sell merchandise at retail locations.

The employer cannot require an employee to work 7 consecutive days. In each 7 consecutive days, the employer must provide employees with at least 24 hours of rest. The time off is in addition to other regular periods of rest allowed during each day worked.

Unless it would cause a hardship for the employer, the employer must accommodate the religious beliefs and practices of the employees.

North Dakota Break Room Requirements

Employers are not required to provide a break room.

North Dakota Penalties for Breaking Rest and Break Laws

Violating the federal legislation regarding the provision of meal and rest breaks subjects an employer to criminal prosecution and a fine. Employees may also file legal suits against employers, subjecting them to paying back wages.

Common North Dakota Break Law FAQs

How early can I take my lunch break in North Dakota?

When you work 5+ hours and there are at least 2 employees on duty, you must receive a 30-minute meal break. However, the timing of the break is dependent on your employer.

How many breaks in a 6-hour shift in North Dakota?

Employees would receive one 30-minute break during a 6-hour shift.

How many breaks in an 8-hour shift in North Dakota?

Employees would receive one 30-minute break during a 6-hour shift.

How many breaks in a 12-hour shift in North Dakota?

Employees would receive one 30-minute break during a 6-hour shift.

Is it legal to work 7 days straight in North Dakota?

It is legal to work 7 days straight in all industries except retail (businesses that sell merchandise at retail locations). Employees in this industry must receive at least 24 hours off during each consecutive 7-day period.

Can I waive my lunch break North Dakota?

You may be able to waive your lunch break if you and your employer agree on it in writing.

North Dakota Department of Labor and Human Rights