North Dakota minimum wage 2026
The minimum wage in North Dakota is $7.25 an hour in 2026. North Dakota writes $7.25 into its own Century Code, NDCC 34-06-22, and the figure has stood since July 24, 2009, the same day the federal rate reached it. Unlike some states, the North Dakota rate binds every employer, including the state and local governments, so it protects workers whom federal law leaves out.
Contents12 sections
At a glance
| Minimum wage now | $7.25 an hour, since July 24, 2009135 |
|---|---|
| Next change | None scheduled. |
| Tipped employees | $4.86 cash wage, tip credit up to $2.39236 |
| Overtime | 1.5 times the regular rate after 40 hours a week25 · details |
| Full-time pay | $290 a week, $15,080 a year at 40 hours a week before taxes · calculate for your hours |
| Enforced by | North Dakota Department of Labor and Human Rights, 701-328-2660 |
What to know about the North Dakota minimum wage
North Dakota's rate is written into its own law rather than borrowed from federal law. NDCC 34-06-22 raised the state minimum in three steps, to $5.85 on July 24, 2007, $6.55 a year later and $7.25 on July 24, 2009.1 The Labor Commissioner could set a different rate by rule but has never done so, and no increase has been scheduled since.
Because the state law applies to every employer, including the state and its cities, counties and school districts, a North Dakota worker whose job falls outside federal law is still owed the state minimum. The state wage order carves out its own exemptions, many tied to outdoor and seasonal work: hunting and fishing guides, camp cooks and camp-tenders, golf caddies, nonprofit youth camp staff, film actors and extras, and casual babysitters working under 20 hours a week for under three weeks.2
Tipped workers fare better than under federal law. The tip credit is capped at 33% of the minimum wage, so a server or bartender receiving more than $30 a month in tips gets at least $4.86 an hour in cash in 2026, and a tip pool needs approval from a majority of the tipped employees.2 The Department of Labor and Human Rights takes wage claims and provides the state minimum wage and work conditions poster free of charge.3 A 2019 law, NDCC 34-06-23, forbids any city, county or other local body from requiring a living wage above the state minimum.4
All 2026 rates
| Rate | Applies to | Per hour |
|---|---|---|
| State minimum | All employers, including the state and local governments | $7.25135 |
| Vocational education students | The Labor Commissioner may license a rate of no less than 85% of the minimum wage for up to one year. | See rule2 |
| Workers with disabilities | The Labor Commissioner may issue special licenses for a lower wage where a disability impairs productive capacity, and to community rehabilitation programs. | See rule1 |
Tipped employees
| Tip credit | Allowed |
|---|---|
| Minimum cash wage | $4.86 an hour236 |
| Maximum tip credit | $2.39 an hour |
Employers may count tips for no more than 33% of the minimum wage, so tipped service employees who regularly receive more than $30 a month in tips get at least $4.86 an hour in cash in 2026. Employees must be told in advance, records must show cash wage plus tips reaching the full minimum, and tip pools need the approval of a majority of tipped employees.
An employer that takes a tip credit must make up the difference whenever wages plus tips fall short of the full minimum wage for the workweek. See the tipped minimum wage guide.
Overtime and salaried staff
| Weekly overtime | After 40 hours in a workweek, at 1.5 times the regular rate25 |
|---|---|
| Daily overtime | None in state law |
| Exempt salary | The federal level, $684 a week ($35,568 a year) |
Time and a half after 40 hours a week (N.D. Admin. Code 46-02-07-02); taxicab drivers are owed overtime after 50 hours. Executive, administrative and professional employees are exempt.
Overtime at the minimum wage of $7.25 is $10.875 an hour. Salaried managers, administrators and professionals are exempt from overtime only if they meet the duties tests and are paid at least the exempt salary. See overtime rules in every state or calculate pay with overtime.
How the rate changes
The rate is set in statute and is not indexed. The Labor Commissioner may set a different state rate by rule but has not done so.
Indexed to inflation: no. Not indexed; set in statute at $7.25.5
Rate history
Who is covered
Every employer must pay at least the state rate. The state wage order exempts nonprofit youth camp staff, hunting and fishing guides and camp cooks, golf caddies, film actors and extras, casual babysitters, volunteers, qualifying unpaid student trainees and inmates working for their institution, and statute exempts overnight companionship services and family home care. Local firefighters and sworn police officers fall outside the chapter.
- Overtime is one and a half times the regular rate after 40 hours in a workweek.
- Employers may count board and lodging toward wages at reasonable cost, up to $18 a day, only under a voluntary written agreement.
Cities and counties
A 2019 law, NDCC 34-06-23, bars cities, counties, townships, school districts and other subdivisions from requiring a living wage above the state minimum, whether by ordinance, contract, tax abatement or any other means.
Neighboring states
If you live near a state line, the rate that applies is the one where you do the work, not where you live or where the employer is based.
| State | Per hour now |
|---|---|
| South Dakota | $11.85 |
| Minnesota | $11.41 |
| Montana | $10.85 |
Compare every state on the ranked list and map.
Get help or file a claim
If you are paid less than the minimum wage that applies to your job, you can file a wage claim with the agency below. Federal law prohibits firing or otherwise retaliating against a worker for complaining about federal minimum wage rights.
| Agency | North Dakota Department of Labor and Human Rights |
|---|---|
| Phone | 701-328-2660 |
| The law | NDCC chapter 34-06 (Minimum Wages and Hours), incl. 34-06-22 State minimum wage rate and 34-06-23 Living wage mandate prohibition; NDAC chapter 46-02-07 (North Dakota Minimum Wage and Work Conditions Order) |
| Federal | U.S. Department of Labor, Wage and Hour Division, 1-866-487-9243 |
Sources
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- 3 North Dakota Department of Labor and Human Rights, Wage and Hour FAQ Checked Oct 9, 2026 · Back to text ↑
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