North Dakota Minimum Wage Poster Change

August 24, 2015

The North Dakota minimum wage poster has been updated to reflect a change for employers.

The North Dakota Minimum wage poster has been updated to reflect employers are no longer required to include payment for paid time off with other separation pay if the time off was not yet earned by the employee. Employers must also provide written notice of this limitation.

This is a mandatory change.

Statutory language regarding Minimum Wage: On August 1, 2015, the North Dakota Century Code § 34-14-09.2 was amended placing limitations on accrued paid time off and adding #2 below which now reads as follows:

  1. If an employee separates from employment voluntarily, a private employer may withhold payment for accrued paid time off if:
    1. At the time of hiring, the employer provided the employee written notice of the limitation on payment of accrued paid time off;
    2. The employee has been employed by the employer for less than one year; and
    3. The employee gave the employer less than five days’ written or verbal notice.
  2. If an employee separates from employment, a private employer may withhold payment for paid time off if:
    1. The paid time off was awarded by the employer but not yet earned by the employee; and
    2. Before awarding the paid time off, the employer provided the employee written notice of the limitation on payment of awarded paid time off.

The Effective Compliance date is: September 18, 2015

Expected ship-by date of new poster: September 22, 2015*

*Due to the issuing agency’s delay in releasing the posting, the new poster may not ship until September 22, 2015.

This is a mandatory change affecting all businesses in North Dakota. All employers must update their state posters.