Payment of Wages: North Dakota

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Joel Fremstad and Lynn Block, Fremstad Law

Summary

• The term wages is broadly defined in the North Dakota wage payment law. See Definition of Wages.
• North Dakota law requires that employees be paid either in cash or by check. Payment by direct deposit or electronic paycard is permitted if certain requirements are met. See Wage Payment Methods.
• All employers are required to pay all wages due to employees at least once each calendar month. Special rules apply to railroad employees. Penalties are imposed for willful noncompliance. See Pay Frequency.
• An employer may make deductions from an employee's wages under limited circumstances. See Permitted and Prohibited Wage Deductions.
• With each payment of wages employers must provide each employee with a pay statement that shows certain information. Electronic pay statements are permitted under certain conditions. See Pay Statement Requirements.
• Employees who have been terminated must be paid on the next regular payday. Special provisions apply to payment of unused vacation time. Penalties are imposed for violations. See Final Pay.
• An employer must follow specific procedures to properly turn over unpaid wages of a deceased employee to the employee's spouse or heirs and be relieved of further liability. See Deceased Employee Wages.
• Wages are considered abandoned property if unclaimed by an employee for a certain period of time. Employers must comply with certain reporting, notice and recordkeeping requirements. See Unclaimed Wages.