1. What is the current minimum wage in North Dakota and how does it compare to federal minimum wage?

The current minimum wage in North Dakota is $7.25 per hour, which is the same as the federal minimum wage.

2. When was the most recent increase to the minimum wage in North Dakota?
The most recent increase to the minimum wage in North Dakota occurred on August 1, 2018, when it increased from $7.25 to $7.50 per hour.

3. Is there a separate minimum wage for tipped employees in North Dakota?
Yes, there is a separate minimum wage for tipped employees in North Dakota. Tipped employees must be paid at least $4.86 per hour, but if their tips do not bring their hourly wages up to at least the regular statewide minimum wage of $7.25 per hour, their employer must make up the difference.

4. Are all employers in North Dakota required to pay at least the minimum wage?
Yes, all employers in North Dakota are required to pay at least the minimum wage unless they are specifically exempt from this requirement by state or federal law.

5. How does North Dakota’s minimum wage compare to other states?
North Dakota’s minimum wage of $7.25 per hour is equal to the federal minimum wage and is among the lowest in the country. As of 2021, 20 states have a higher minimum wage than North Dakota, with Washington D.C having the highest at $15 per hour.

2. Has there been any recent legislation proposed to increase the minimum wage in North Dakota?

As of 2021, there have been no recent proposals to increase the minimum wage in North Dakota at the state level. In 2014, voters rejected a ballot measure that would have raised the minimum wage from $7.25 to $9.50 by 2016 and then annually adjusted it for inflation. However, some cities and counties in North Dakota have passed their own minimum wage ordinances that are higher than the state’s minimum wage.

3. What is the current minimum wage in North Dakota?
The current minimum wage in North Dakota is $7.25 per hour, which is also the federal minimum wage. However, some cities and counties in North Dakota may have higher local minimum wages due to their own ordinances.

4. How does the minimum wage in North Dakota compare to other states?

North Dakota’s minimum wage of $7.25 per hour is the same as the federal minimum wage and ranks among the lowest in the country. As of January 2021, 21 states have a higher minimum wage than North Dakota, with Washington D.C. having the highest at $15 per hour (although it will be gradually phased in until reaching $15 in 2025). Seven states do not have a state-mandated minimum wage and instead follow the federal rate.

It should be noted that cost of living varies greatly among states, so a higher or lower minimum wage may be more or less effective depending on location.

3. Are there any exemptions or exceptions to the minimum wage law in North Dakota?

Yes, there are a few exemptions and exceptions to North Dakota’s minimum wage law. Some of these include:

– Tipped employees: Employers can pay tipped employees a minimum cash wage of $4.86 per hour, as long as their tips bring them up to at least the regular minimum wage rate.
– Seasonal or recreational employment: Employers may pay employees who work at amusement or recreational establishments for less than the minimum wage during certain seasons or periods of the year.
– Agricultural workers: Employers may pay farm laborers and other agricultural workers 85% of the regular minimum wage.
– Trainees, learners, and apprentices: Employers can pay employees under 20 years old who are in training or learning programs lower wages for a limited period of time.
– Disabled workers: Employers may apply for a special certificate from the state labor commissioner that allows them to pay some disabled workers less than the minimum wage if it is necessary to prevent curtailment of their employment opportunities.
– Federal government agencies and certain businesses on Native American reservations are not covered by North Dakota’s minimum wage law.

It is important for employers and employees to carefully review these exemptions and exceptions in order to ensure compliance with the law.

4. How often does the minimum wage in North Dakota get reviewed and potentially adjusted?

The minimum wage in North Dakota is reviewed and potentially adjusted by the state’s labor commissioner every two years.

5. Is there a difference in minimum wage for different industries or job types within North Dakota?

Yes, there are different minimum wage rates for different industries and job types within North Dakota.

The standard statewide minimum wage is $7.25 per hour for non-tipped employees, but certain industries, such as agriculture and seasonal recreation, have a lower minimum wage of $4.86 per hour. Tipped employees have a lower minimum cash wage of $4.86 per hour, but they must also receive enough tips to bring their total hourly earnings to at least the standard minimum wage rate of $7.25 per hour.

Additionally, minors under the age of 18 may be paid 75% of the standard minimum wage ($5.44 per hour) for the first 90 days of employment.

Municipalities in North Dakota may also establish their own minimum wage rates that are higher than the state’s standard rate. For example, the city of Bismarck has a local minimum wage of $11 per hour, while Grand Forks has a local minimum wage of $8.50 per hour.

Some job types, like federal employees or certain agricultural workers, may also have specific requirements or exemptions from the state’s minimum wage laws. It is important for employers and employees to be aware of these variations in order to ensure compliance with state and federal laws.

6. Have there been any significant changes to the minimum wage laws in North Dakota over the past decade?

Yes, there have been several changes to the minimum wage laws in North Dakota over the past decade.

In 2014, voters approved Measure 18, which increased the state’s minimum wage from $7.25 to $8.25 per hour in 2015, and to $9.00 per hour in 2016. This was later amended by House Bill 1137 in 2019, which raised the minimum wage to $11.00 per hour on January 1, 2020.

In addition to these increases, there have also been annual cost-of-living adjustments to the minimum wage since Measure 18 was passed. The most recent adjustment was made in January 2021, when the minimum wage was raised from $7.25 per hour to $7.50 per hour.

There have also been changes to youth and training wages in North Dakota over the past decade. In January 2020, House Bill 1453 increased the youth wage (for workers under age 20) from no less than two-thirds of the minimum wage to no less than four-fifths of the minimum wage. The training wage (for workers under age 20 for the first three months of employment) was also increased from no less than $4.86 per hour to no less than $5.53 per hour.

Finally, on November 3, 2020, North Dakota voters approved a ballot measure that gradually increases the state’s minimum wage from its current level of $7.50 per hour to eventually reach $15 per hour by January 1, 2025. This will be done through yearly incremental increases beginning on April 1, 2022.

7. How does North Dakota’s minimum wage compare to neighboring states?

As of 2021, North Dakota’s minimum wage is $7.25 per hour, which is the same as the federal minimum wage. This rate is lower than the minimum wage in all of North Dakota’s neighboring states.

Minnesota’s minimum wage is $10.08 per hour, South Dakota’s is $9.45 per hour (though employers may pay a reduced rate to employees under age 18), and Montana’s is $8.75 per hour. In addition, Minnesota and South Dakota both have plans to increase their minimum wages in future years.

North Dakota currently does not have a plan to raise its minimum wage above the federal level.

8. Is it legal for employers in North Dakota to pay less than minimum wage, such as through tip credits or youth wages?

Yes, employers are allowed to pay less than minimum wage in certain circumstances in North Dakota.

One exception is for employees who receive tips, as long as the employer follows federal guidelines for tip credits. This means that the employee’s total earnings (including tips) must equal at least the minimum wage of $7.25 per hour.

Another exception is for employees who are under 18 years old and working part-time jobs. These “youth wages” can be set at 75% of the state minimum wage, or $5.44 per hour.

However, there are strict rules and limitations for these exceptions, so it is important for employers to fully understand and comply with all state and federal laws regarding minimum wage.

9. Are small businesses exempt from paying the state minimum wage in North Dakota?

No, all employers in North Dakota, including small businesses, are required to pay employees at least the state minimum wage. There are no exemptions for small businesses.

10. What is considered a livable or fair wage according to cost of living in North Dakota?

According to recent data, the livable wage for a single adult with no children in North Dakota is approximately $15 per hour ($31,200 per year) before taxes. This takes into account basic living expenses such as rent, food, transportation, healthcare, and taxes. However, the fair wage may vary depending on the specific city or county within North Dakota due to differences in cost of living. For example, the cost of living in bigger cities like Fargo or Bismarck may be higher than smaller towns in rural areas.

11. Does North Dakota have a plan for gradually increasing the minimum wage towards a certain target amount?

Yes, North Dakota has a plan in place for gradually increasing the minimum wage towards a target amount of $15 per hour. The minimum wage in North Dakota is currently set at $7.25 per hour, but there is a ballot measure that was passed in 2018 to gradually increase it over time.

Under this plan, the minimum wage will increase by $1 each year until it reaches $15 per hour by 2025. This gradual increase will allow employers time to adjust their budgets and minimize any potential negative impacts on businesses.

Additionally, after reaching $15 per hour in 2025, the minimum wage will be adjusted annually based on inflation rates as determined by the Consumer Price Index.

Overall, this gradual increase in the minimum wage aims to improve workers’ financial stability and purchasing power while also ensuring a fair and competitive labor market for businesses.

12. Are there any debates or controversies surrounding the current minimum wage laws in North Dakota?

Yes, there have been debates and controversies surrounding the current minimum wage laws in North Dakota. Some argue that the current minimum wage of $7.25 per hour is too low and does not provide workers with a living wage. They advocate for an increase in the minimum wage to keep up with inflation and the rising cost of living.

Others argue that increasing the minimum wage would lead to job losses, specifically for small businesses, as they may not be able to afford paying their employees higher wages. They also argue that an increase in the minimum wage could result in higher prices for goods and services, negatively impacting consumers.

Additionally, there have been discussions about whether or not to implement a state-wide minimum wage increase or leave it up to individual cities and counties to set their own local minimum wages.

Overall, there are ongoing debates and controversies surrounding the current minimum wage laws in North Dakota, with various opinions on how best to address this issue.

13. Do employees who receive tips have a separate, lower minimum wage requirement in North Dakota?

No, there is no separate minimum wage requirement for employees who receive tips in North Dakota. The state’s minimum wage applies to all employees, whether they receive tips or not. Additionally, North Dakota does not allow employers to take a tip credit towards the minimum wage.

14. Are non-profit organizations exempt from paying their employees at least state minimum wage in North Dakota?

No, non-profit organizations are not exempt from paying their employees at least state minimum wage in North Dakota. The minimum wage law applies to all employers, including non-profit organizations.

15. What are the consequences for employers who violate the state’s minimum wage laws in North Dakota?

Employers who violate North Dakota’s minimum wage laws may face the following consequences:

1. Civil penalties: The state labor department can impose civil penalties on employers who fail to pay their employees the required minimum wage. The amount of the penalty may vary depending on the severity of the violation and the employer’s prior record.

2. Wage restitution: Employers found to have not paid their employees the required minimum wage must pay back wages and any other compensation owed within a designated time frame.

3. Lawsuits: Employees who are not paid the minimum wage can file a lawsuit against their employer to recover unpaid wages, interest, and attorney fees.

4. Criminal penalties: In some cases, intentional or repeated violations of minimum wage laws may result in criminal charges against the employer, including fines and possible imprisonment.

5. Audit and investigation: The labor department also has the authority to audit an employer’s records and investigate complaints regarding unpaid wages or violations of minimum wage laws.

6. Revoked business licenses: Repeated or serious violations of minimum wage laws may result in the revocation of an employer’s business license.

It is important for employers to comply with all applicable federal and state labor laws, including those related to minimum wage, to avoid these consequences.

16. How does overtime pay affect employees who are paid at or near the state’s minimum wage level in North Dakota?

In North Dakota, the state minimum wage is $7.25 per hour. If an employee is paid at or near this minimum wage level, their overtime pay would be calculated the same as any other employee. All hours worked over 40 in a workweek must be paid at a rate of 1.5 times the employee’s regular rate of pay. This means that if an employee is paid $7.25 per hour and works 50 hours in a workweek, they would receive $362.50 for their regular hours (50 x $7.25 = $362.50) and an additional $54.38 for their overtime hours (10 x ($7.25 x 1.5) = $54.38), for a total of $416.88 for the week.

It is important to note that there are certain exemptions to overtime pay in North Dakota, such as for executive, administrative, and professional employees, as well as seasonal and agricultural workers. These exemptions may affect whether an employee is entitled to receive overtime pay at all.

Additionally, some employers may offer alternative forms of compensation for overtime hours, such as comp time or bonus pay instead of cash wages. These arrangements must meet certain requirements set by federal and state laws.

Overall, employees who are paid at or near the state’s minimum wage level are entitled to receive overtime pay according to their regular rate of pay for all hours worked over 40 in a workweek unless they fall under one of the exempt categories outlined by law.

17. Are there any specific industries or job types that are exempt from following state-level minimum wage laws in North Dakota?

No, there are no specific industries or job types that are exempt from following state-level minimum wage laws in North Dakota. However, employees who work for businesses with gross annual sales of less than $500,000 may be paid a lower minimum wage of $4.86 per hour. Additionally, certain types of employment such as agricultural and seasonal work may have different minimum wage requirements.

18. If an employee works remotely for a company based outside of North Dakota, do they still receive at least state-mandated minimum wage?

Yes, if the employee is performing work for a company based in North Dakota, they must receive at least the state-mandated minimum wage for their hours worked. The location of the company does not change this requirement. However, if the employee is performing work for a company that is based outside of North Dakota and outside of any other state with its own minimum wage laws, they may be subject to the federal minimum wage instead.

19. Are there any age restrictions for employees earning the minimum wage in North Dakota?

There are no age restrictions for employees earning the minimum wage in North Dakota. The minimum wage applies to all workers, regardless of their age.

20. In what ways does North Dakota enforce compliance with their minimum wage laws?

North Dakota enforces compliance with their minimum wage laws through various measures including:

1. Department of Labor Inspections: The North Dakota Department of Labor conducts routine inspections of businesses to ensure that they are complying with the state’s minimum wage laws.

2. Complaint-Based Investigations: Employees can file a complaint with the North Dakota Department of Labor if they believe their employer is not paying them the state minimum wage. The department will investigate and take appropriate action if a violation is found.

3. Penalties and Fines: Employers who are found to be in violation of the state’s minimum wage laws may face penalties and fines, which can range from hundreds to thousands of dollars depending on the severity of the violation.

4. Civil Lawsuits: In addition to government enforcement, employees also have the right to file a civil lawsuit against their employer for not paying them the state minimum wage. If successful, employees may be awarded back wages and other damages.

5. Public Awareness Campaigns: The North Dakota Department of Labor conducts public awareness campaigns to educate both employers and employees about their rights and responsibilities under the state’s minimum wage laws.

6. Mandatory Posting Requirements: Employers are required to prominently display information about the state’s minimum wage law in their workplace, making employees aware of their rights.

7. Training Programs: The North Dakota Department of Labor conducts trainings for employers on how to comply with state minimum wage laws and avoid violations.

8. Cooperation with Federal Agencies: The North Dakota Department of Labor works closely with federal agencies such as the U.S. Department of Labor’s Wage and Hour Division to ensure compliance with both state and federal minimum wage laws.

9. Minimum Wage Hotline: Employees can call or visit the North Dakota Department of Labor hotline for information or assistance related to state minimum wage laws.

10.Subpoenas and Court Orders: In cases where an employer refuses to cooperate with investigations or pay penalties, the North Dakota Department of Labor may issue subpoenas or seek court orders to enforce compliance with minimum wage laws.