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Women are
49%
more likely to
live in poverty
than white men in
North Dakota
Single-woman led households are at the
highest risk
of poverty in
North Dakota
In
North Dakota
, women earn
$0.75
for every dollar a white man makes
Women in
North Dakota
are
67%
more likely to earn
minimum wage
than white men
Women in
North Dakota
are
63%
more likely to earn a
tipped wage
than white men
In
North Dakota
, at least
71%
of women are essential to the financial security of their household
North Dakota law requires equal pay on the basis of gender for comparable work on jobs in the same establishment that have comparable requirements for skill, responsibility, and effort.[1]
· AffirmativeDefenses: To justify a pay disparity, an employer can assert that it was based on established seniority systems, systems that measure earnings by quality or quantity of production, merit systems, or a bona fide factor other than gender, such as education, experience, or training, which does not discriminate on the basis of gender.[2]
· Retaliation: Employers cannot discharge, discriminate against, discipline, or penalize employees who invoke or assist with enforcement of the equal pay law, except when proven that the act of the employee is fraudulent.[3][4]
[1] N.D.Cent. Code Ann. § 34-06.1-03.
[2] N.D.Cent. Code Ann. § 34-06.1-03.
[3]N.D. Cent. Code Ann. § 34-06.1-03.
Yes. The law in North Dakota requires equal pay for “comparative work,” instead of equal pay for “equal work.”[1] North Dakota has also limited the broadest affirmative defense to a “bona fide” factor other gender, such as education, training, or experience, as opposed to “any factor other than sex.”
[1] Equal Pay Act, 29 U.S.C. § 206(d)(1).
No. North Dakota does not have a pay transparency law.
No. North Dakota does not prohibit employers from using salary history in hiring and setting pay.
No. North Dakota law does not specifically protect employees who discuss and disclose their pay. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd.,https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,for%20mutual%20aid%20or%20protection(last visited Jan. 28, 2022); see, National Labor Relations Act, 29U.S.C. §§ 151-169 (1947).
No. North Dakota does not require employers to collect, report, or assess gender-based pay data.
No. The North Dakota minimum wage is the same as the federal minimum wage. [1] Additionally, North Dakota prohibits counties and cities from raising their local minimum wage above the state minimum wage.[2] Violation of the minimum wage law is a misdemeanor,[3] and the North Dakota Department of Labor and Human Rights has the authority to investigate minimum wage violations and pursue unpaid wages on behalf of an employee.[4]
[1]N.D. Cent. Code Ann. § 34-06-22.
[2] N.D. Cent. Code Ann. § 34-06-23.
[3]N.D. Cent. Code Ann. § 34-06-19.
[4]N.D. Cent. Code Ann. §§34-06-02; 34-14-09.
No. North Dakota has not eliminated the tipped minimum wage (although its tipped minimum wage is currently higher than the federal requirement).[1]
[1] N.D. Admin. Code § 46-02-07-03.
Yes. Employers must pay their employees at least monthly.[1]
[1] N.D. Cent. Code Ann. § § 34-14-02.
Yes. Employers must provide pay stubs for each pay period indicating hours worked, rate of pay, required state and federal deductions, and authorized deductions.[1]
[1] N.D. Admin Code § 46-02-07-02.
Yes. Non exempt employees must receive overtime pay for any time worked beyond 40 hours in one week.[1] There are various exceptions, for example for employees in a bona fide executive, administrative, or professional role, or agricultural employees.[2]
[1] N.D. Admin. Code § 46-02-07-02.
[2] N.D. Admin. Code § 46-02-07-02.
Yes. An employee may file a wage theft claim with the North Dakota Department of Labor and Human Rights for an amount between $125 and $15,000 within 2 years of when the wages were due.[1]Smaller amounts can be recovered in small claims court, and larger amounts can be recovered in state court.[2] Employees may recover unpaid wages, interest on the unpaid wages until they are paid in full, and an amount equal to double the unpaid wages if the employer has two previous unpaid wage claims in the year preceding the date the wages are due, or triple the unpaid wages if within one year preceding the date the wages are due the employer has three or more unpaid wage claims against them.[3]
[1] N.D. Cent. Code Ann. §34-14-09.
[2]N.D. Cent. Code Ann. §34-14-09.
[3] N.D. Cent. Code Ann. § 34-14-09.1.
