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Meal and Rest Break Laws in North Dakota

North Dakota requires a 30-minute meal period in each shift over 5 hours when two or more employees are on duty, but does not require rest breaks.

Last checked . General information, not legal advice.

North Dakota at a glance

Meal break required
Yes
Meal break rule
30 minutes per shift over 5 hours
Applies when two or more employees are on duty. Employees may waive it by agreement with the employer. Unpaid if fully relieved of duties. Union contracts prevail.
Rest break required
No
Rest break rule
No state requirement for adults
Short breaks that an employer chooses to give are generally paid under federal rules.

Sources

Last checked

The rules in North Dakota

Does North Dakota law require meal breaks for adult employees?

Yes. Meal break required in North Dakota: yes.

How long is the required meal break in North Dakota, and when is it due?

Meal break rule in North Dakota: 30 minutes per shift over 5 hours. Applies when two or more employees are on duty. Employees may waive it by agreement with the employer. Unpaid if fully relieved of duties. Union contracts prevail.

Does North Dakota law require rest breaks for adult employees?

No. Rest break required in North Dakota: no.

How long are required rest breaks in North Dakota, and when are they due?

Rest break rule in North Dakota: No state requirement for adults. Short breaks that an employer chooses to give are generally paid under federal rules.

Where do the North Dakota meal and rest break laws come from?

The rules above come from N.D. Admin. Code 46-02-07-02(5). Each source is linked on this page. We last checked them in October 2026.

Good to know

The meal period rule is in North Dakota Admin. Code section 46-02-07-02, last amended effective October 1, 2012. Collectively bargained agreements prevail over it.

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.