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North Dakota Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states.
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U.S. Department of Labor Wage and Hour Division regulations specify that work breaks, including meal periods, rest periods, and sleeping time, when provided, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 to 785.23).
A 30-minute uninterrupted meal period must be provided during shifts that last at least 5 hours if at least two employees are on duty. No pay is required for a meal period during which the employee is completely relieved of duties and that is ordinarily 30 minutes long. An employee is not completely relieved of duties if required to perform any duties during the meal period (ND Admin. Reg. Sec. 46-02-07-02).
A retail employer may not deny an employee 24 consecutive hours off for worship or rest in each 7-day period. The time off must be in addition to the regular periods of rest allowed during each day worked. An employer must accommodate the religious beliefs and practices of an employee, unless the employer can demonstrate that to do so would constitute an undue hardship on the employer's business (ND Stat. Sec. 34-06-05.1). However, if an employee requests time off to attend one regular worship service a week, an employer may not require the employee to work during that period unless:
• Honoring the employee's request would cause the employer substantial economic burdens or would require the imposition of significant burdens on other employees required to work in place of the Sabbath; or
• The employer has made a reasonable effort ...

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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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