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North Dakota Hours of Work: What you need to know

Attendance at lectures, meetings, training programs, and similar activities need not be treated as paid working time if all of the following four criteria are met:
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1. The event takes place outside the employee's regular working hours;
2. Attendance is in fact voluntary;
3. The event is not directly related to the employee's job; and
4. The employee does not perform any productive work during the time of the event (ND Admin. Reg. Sec. 46-02-07-02).
Time spent traveling from home to work is not work time. Time spent traveling to special, unusual, one-day assignments performed for the employer's benefit and at the employer's request is work time whether the employee is a driver or passenger. Travel away from home is work time when it takes place during the employee's regular working hours, including during regular working hours on nonworking days. Time spent as a passenger after normal working hours is not work time. The driver of a vehicle is working at any time when required to travel by the employer. Travel time from job- site to jobsite, or from office to jobsite, is work time. Activities that are merely incidental to the use of an employer-provided vehicle for commuting are not work time.
If an employee is required to be on duty for 24 or more consecutive hours, the employer and employee may agree to exclude bona fide meal periods and bona fide regularly scheduled sleeping periods of not more than 8 hours from hours worked. Adequate sleeping facilities must be furnished so that the employee can “usually” enjoy an uninterrupted sleep. If the sleeping period is longer than8 hours, only 8 hours may be deducted from hours worked. Interruptions in the ...

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