North Dakota · Unpaid wages · Updated Oct 2026

North Dakota wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is North Dakota’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$7.25minimum wage in 2026
$4.86tipped cash wage
Nodaily overtime
Next paydayfinal pay if fired
2 yearstime limit to file (see details)

Where to file in North Dakota

Wage claims in North Dakota go to this state office. Filing is usually free.

Office
North Dakota Department of Labor and Human Rights (NDDOLHR), Wage and Hour Division
Phone
701-328-2660
Claim limit
$125 to $15,000. Smaller claims go to small claims court; larger ones go to district court (N.D.C.C. § 34-14-09(1); NDDOLHR Wage Claim Process).
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in North Dakota

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with North Dakota Department of Labor and Human Rights

    First talk to your employer, then send a written demand, ideally by certified mail, and keep a copy. If that fails and you are owed between $125 and $15,000, file a wage claim with NDDOLHR online, or on the paper form (SFN 17081) by mail, email or in person. The paper form must be signed. NDDOLHR sends your claim to your employer, investigates, and issues a 'Determination Letter' to both of you. If the employer still does not pay, the Labor Commissioner can take an assignment of your claim and sue to collect it. Filing is free. Toll-free: 1-800-582-8032.

  4. Watch the deadline

    File with NDDOLHR within 2 years from the date the wages were due (N.D.C.C. § 34-14-09(1)). Lawsuits for overtime, damages, fees or penalties under wage laws must be brought within 2 years (N.D.C.C. § 34-01-13). Filing a claim with the department pauses that court deadline while the department handles it (§ 34-14-09(3)).

Minimum wage and overtime in North Dakota

North Dakota's minimum wage is $7.25 an hour, the same as the federal rate (NDDOLHR Minimum Wage & Work Conditions poster). North Dakota has no training wage. No increase is scheduled.

Minimum wage (2026)
$7.25
Tipped cash wage
$4.86

Overtime

You get 1.5 times your regular pay for hours over 40 in a workweek, counted week by week, whatever the pay period (N.D. Admin. Code § 46-02-07-02(4)). Paid holidays and paid time off do not count toward the 40 hours. Private employers may not give comp time instead of overtime pay. North Dakota has no daily overtime.

Paydays: At least once a month, on regular paydays set in advance (N.D.C.C. § 34-14-02). Each paycheck must come with a stub showing hours, pay rate and deductions (NDDOLHR poster).

Your final paycheck in North Dakota

If you are fired or laid off
By the next regular payday for the period you worked. Your employer must send it by certified mail to the address you give, unless you agree otherwise.
If you quit
By the next regular payday for the period you worked.
Law
N.D.C.C. § 34-14-03

When was your final paycheck due in North Dakota?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If final wages are not paid on time, you may collect your daily wage for each day the employer is late, for up to 30 days (N.D.C.C. § 34-14-03). You are also owed interest on unpaid wages. If the employer lost two earlier wage claims in the year before, it owes double your unpaid wages; after three or more, triple (§ 34-14-09.1). Willfully refusing to pay wages is an infraction (§ 34-14-07).

Retaliation and immigration status

Your employer may not fire, discipline, threaten or penalize you for reporting a violation of law in good faith, for taking part in a government investigation or hearing, or for refusing an order you reasonably believe is illegal (N.D.C.C. § 34-01-20).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Apart from taxes and court orders, your employer may deduct only advances, deductions you authorized in writing, and charges for damage, breakage, shortage or negligence that you agree to at the time of the deduction (N.D.C.C. § 34-14-04.1). Tips belong to you. Employers may take a tip credit of 33%, so the lowest cash wage for tipped workers is $4.86 an hour. Tip pooling is allowed only among tipped workers and only if a majority of them vote for it (N.D. Admin. Code § 46-02-07-03).

Good to know in North Dakota

  • Unused paid time off made available to you must be paid when you leave. The main exceptions are if you quit with under 5 days' notice in your first year and were told in writing at hiring, or if the PTO was awarded but not yet earned (N.D. Admin. Code § 46-02-07-02(12); N.D.C.C. § 34-14-09.2).
  • If there is a dispute, your employer must still pay, without conditions, the part of your wages it agrees it owes (N.D.C.C. § 34-14-04).
  • NDDOLHR cannot take claims from independent contractors, owners or partners, or against an employer in bankruptcy (Wage Claim Process page).

Forms

Wage-theft calculator for North Dakota

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

North Dakota overtime rule: You get 1.5 times your regular pay for hours over 40 in a workweek, counted week by week, whatever the pay period (N.D. Admin. Code § 46-02-07-02(4)). Paid holidays and paid time off do not count toward the 40 hours. Private employers may not give comp time instead of overtime pay. North Dakota has no daily overtime.

Penalties your employer may also owe in North Dakota: If final wages are not paid on time, you may collect your daily wage for each day the employer is late, for up to 30 days (N.D.C.C. § 34-14-03). You are also owed interest on unpaid wages. If the employer lost two earlier wage claims in the year before, it owes double your unpaid wages; after three or more, triple (§ 34-14-09.1). Willfully refusing to pay wages is an infraction (§ 34-14-07).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and North Dakota’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in North Dakota

Where do I file a wage claim in North Dakota?

With North Dakota Department of Labor and Human Rights (NDDOLHR), Wage and Hour Division. Phone: 701-328-2660. First talk to your employer, then send a written demand, ideally by certified mail, and keep a copy. If that fails and you are owed between $125 and $15,000, file a wage claim with NDDOLHR online, or on the paper form (SFN 17081) by mail, email or in person. The paper form must be signed. NDDOLHR sends your claim to your employer, investigates, and issues a 'Determination Letter' to both of you. If the employer still does not pay, the Labor Commissioner can take an assignment of your claim and sue to collect it. Filing is free. Toll-free: 1-800-582-8032.

What is the minimum wage in North Dakota in 2026?

North Dakota's minimum wage is $7.25 an hour, the same as the federal rate (NDDOLHR Minimum Wage & Work Conditions poster). North Dakota has no training wage. No increase is scheduled.

Does North Dakota have daily overtime?

You get 1.5 times your regular pay for hours over 40 in a workweek, counted week by week, whatever the pay period (N.D. Admin. Code § 46-02-07-02(4)). Paid holidays and paid time off do not count toward the 40 hours. Private employers may not give comp time instead of overtime pay. North Dakota has no daily overtime.

When is my final paycheck due in North Dakota if I'm fired?

By the next regular payday for the period you worked. Your employer must send it by certified mail to the address you give, unless you agree otherwise.

When is my final paycheck due in North Dakota if I quit?

By the next regular payday for the period you worked.

How long do I have to file a wage claim in North Dakota?

File with NDDOLHR within 2 years from the date the wages were due (N.D.C.C. § 34-14-09(1)). Lawsuits for overtime, damages, fees or penalties under wage laws must be brought within 2 years (N.D.C.C. § 34-01-13). Filing a claim with the department pauses that court deadline while the department handles it (§ 34-14-09(3)).

What can my employer owe besides my wages in North Dakota?

If final wages are not paid on time, you may collect your daily wage for each day the employer is late, for up to 30 days (N.D.C.C. § 34-14-03). You are also owed interest on unpaid wages. If the employer lost two earlier wage claims in the year before, it owes double your unpaid wages; after three or more, triple (§ 34-14-09.1). Willfully refusing to pay wages is an infraction (§ 34-14-07).

Can my employer fire me for filing a wage claim in North Dakota?

Your employer may not fire, discipline, threaten or penalize you for reporting a violation of law in good faith, for taking part in a government investigation or hearing, or for refusing an order you reasonably believe is illegal (N.D.C.C. § 34-01-20).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in North Dakota
Sources

Last checked: Oct 2026.

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