Meal and Rest Periods Law Summaries
North Dakota, Meal and Rest Periods Law Summaries
North Dakota's meal and rest period requirements are located in the North Dakota Administrative Code at Title 46, Article 2, Chapter 7. There are also provisions in the North Dakota Century Code at Title 34, Chapters 34-06 and 34-07.
Additionally, the state has a law protecting a woman's right to breastfeed in public and private places, including workplaces (S. 2344, L. 2009).
WHAT THE EMPLOYER MUST DO
Meal periods.- A minimum 30-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty. Employees may waive their right to a meal period upon agreement with the employer. Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is ordinarily 30 minutes in length. The employee is not completely relieved if required to perform any duties during the meal period. Collectively bargained agreements will prevail over this provision (NDAC 46-02-07-02.5, amended effective March 1, 1998).
Minors.- Every employer must post in a conspicuous place where minors are employed, a printed notice stating, among other information, the hours such employees are allowed for dinner or other meals. The printed form of the notice must be furnished by the Commissioner of Labor (Sec. 34-07-15, as amended by Ch. 297 (S. 2317), L. 1997, effective August 1, 1997).
For a complete summary of North Dakota's child labor law, see ¶35-1500.
Rest periods.- A business that sells merchandise at retail cannot require employees to work seven consecutive days. Employees cannot be denied at least one 24-hour day off for rest or worship in each seven-day period (Sec. 34-06-05.1).
Nursing mothers.- If the woman acts in a discreet and modest manner, a woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be (Sec. 2, S. 2344, L. 2009).
An employer may use the designation “infant friendly” on its promotional materials if the employer adopts a workplace breastfeeding policy that includes the following (Sec. 2, S. 2344, L. 2009):
flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;
a convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;
a convenient clean and safe water source with facilities for washing hands and rinsing breast pumping equipment located in the private location specified just above; and
a convenient hygienic refrigerator in the workplace for the temporary storage of breast milk.
The state department of health shall establish guidelines for employers concerning workplace breastfeeding and infant friendly designations (Sec. 2, S. 2344, L. 2009).
WHO TO CONTACT
Contact the North Dakota Department of Labor, State Capitol, 13th Floor, 600 E. Boulevard Avenue, Bismarck, ND 58505. Telephone: (701) 328-2660 or 1-800-582-8032. Fax: (701) 328-2031. E-mail: labor@pioneer.state.nd.us.
POSTING
Minors.- Every employer must post in a conspicuous place where minors are employed, a printed notice stating, among other information, the hours such employees are allowed for dinner or other meals. The printed form of the notice must be furnished by the Commissioner of Labor (Sec. 34-07-15, as amended by Ch. 297 (S. 2317), L. 1997, effective August 1, 1997).
PENALTIES
Violation of the one-day-rest-in-seven law for retail workers is a class B misdemeanor (Sec. 34-06-05.1).
<p>Violation of the one-day-rest-in-seven law for retail workers is a class B misdemeanor (Sec. 34-06-05.1).</p>
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