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North Dakota law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. An employer must calculate overtime on a weekly basis regardless of the length of the pay period.
Wrongful Termination in North DakotaThe employee can sue for such things as lost pay, lost benefits, emotional and punitive damages, and attorney fees.
Today, employers have the technological means, and occasionally the inclination, to find out what workers are doing on their own time. However, their right to monitor what you do off the joband make decisions based on that conductis limited.
North Dakota Requires Meal BreaksEmployers in North Dakota must give employees a 30-minute meal break if their shift lasts more than five hours. The break may be unpaid only if the employee is completely relieved of all job duties. Meal breaks are required only when two or more employees are on duty.
Other breaks (such as 15 minute coffee breaks) are not required by law, but must be paid breaks if they are offered by the employer. Overtime pay must be paid at one and one-half times the employee's regular rate of pay for hours worked over forty in any work week.
North Dakota is one of them: It requires employers to provide a meal break, but does not require rest breaks. Employers in North Dakota must give employees a 30-minute meal break if their shift lasts more than five hours. The break may be unpaid only if the employee is completely relieved of all job duties.
2. How do I file a discrimination claim in North Dakota? In North Dakota, a discrimination claim can be filed either with the state administrative agency, the North Dakota Department of Labor and Human Rightsor the federal administrative agency, the Equal Employment Opportunity Commission (EEOC).
Similar to other states with such laws, North Dakota's right to work statute states that a person's right to secure employment should not be conditional on union membership (which already is enforced through federal labor law).
Wrongful terminationPoor performance without any negative performance reports or discipline.Retaliation after filing a complaint.Lack of a reason for termination.Discrimination.Delayed investigation.Manager or supervisor not following company policy.
In North Dakota, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.