North Dakota Break Laws (2026)
Last updated: 2026-10-07 · Checked against the statute text and state agency guidance · Meal break required
| Adult meal break | 30 min if over 5 h |
|---|---|
| Adult rest break | Not required (short breaks you give must be paid) |
| Minors | No separate rule — adult rules (if any) apply |
| Lactation | Federal PUMP Act only |
| Enforcing agency | North Dakota Department of Labor and Human Rights |
North Dakota break scheduler
Pick a state and enter the shift. You'll get every break the law requires, the latest time each can start, a suggested schedule, and — if you enter the breaks actually taken — a compliance check with California premium pay.
North Dakota · Adult (18+) · 8:00 AM–6:00 PM
On site 10 h · hours worked 9 h 30 min (unpaid meal time excluded)
Applies only when two or more employees are on duty; the employee may waive the meal period by agreement.
- Meal break 1 · 30 min · unpaid if fully relievedSuggested: 12:45 PM
Shift with more than 5 hours of work.
Scheduling aid, not legal advice. Industry wage orders, union contracts and employer-specific exemptions can change the rules — see the North Dakota break law page for citations.
North Dakota meal break law
'A minimum thirty-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty.'
- Who's covered
- Employees covered by the Minimum Wage and Work Conditions Order, only on shifts when two or more employees are on duty. Exempt categories under N.D. Admin. Code 46-02-07-02(4) (e.g., executive, administrative, professional, highly compensated and other listed employees) are excluded. Collectively bargained agreements prevail.
- Paid or unpaid
- Unpaid only if the employee is completely relieved of duties and the meal period is ordinarily 30 minutes; any required duties make it paid.
- Waivers
- 'Employees may waive their right to a meal period upon agreement with the employer.'
- Exemptions
- Shifts with only one employee on duty; exempt employee categories listed in the order; collectively bargained agreements prevail.
Source: N.D. Admin. Code §46-02-07-02(5)
North Dakota rest break law
No state rest-break requirement for adult private-sector employees. Federal rule: short breaks (about 5-20 minutes), if given, must be paid (29 CFR 785.18).
Breaks for minors in North Dakota
No separate minor break duration found in N.D.C.C. ch. 34-07 (child labor), which requires posting of hours (including meal times) for 14-15-year-olds; the adult 46-02-07-02(5) meal rule applies to minors.
Source: N.D.C.C. ch. 34-07 (e.g., §34-07-15 posting); N.D. Admin. Code §46-02-07-02(5)
Lactation breaks in North Dakota
No state workplace lactation-break mandate; federal PUMP Act applies.
Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.
Source: None (29 U.S.C. 218d applies)
Frequently asked questions
Are breaks required by law in North Dakota?
30-minute meal in each shift over 5 hours when two or more employees are on duty; employees may waive it by agreement. Federal law requires no breaks, but short breaks that are given must be paid and unpaid meal periods must be duty-free.
How many breaks do you get for an 8-hour shift in North Dakota?
For an 8:00 a.m.–4:30 p.m. shift (8 hours worked plus an unpaid meal), North Dakota requires 1 meal period for adult employees. Applies only when two or more employees are on duty; the employee may waive the meal period by agreement.
Do minors get breaks in North Dakota?
No separate minor break duration found in N.D.C.C. ch. 34-07 (child labor), which requires posting of hours (including meal times) for 14-15-year-olds; the adult 46-02-07-02(5) meal rule applies to minors.
Are lactation breaks required in North Dakota?
North Dakota has no state lactation-break law, so the federal PUMP Act applies: reasonable break time (unpaid unless the employee isn't fully relieved of duty) and a private space that isn't a bathroom, for one year after birth.
Official North Dakota sources
Figures checked against these sources on 2026-10-07Compare
Also “Meal break required”: Connecticut, Delaware, Illinois, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Tennessee, Vermont, West Virginia
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General information, not legal advice. Industry rules, union contracts and agency exemptions can change these requirements. Confirm with North Dakota Department of Labor and Human Rights.