North Dakota Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under N.D.C.C. § 34-06-22.
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In North Dakota, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $7.25/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under N.D.C.C. § 34-06-22.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in North Dakota
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
North Dakota Labor Code & FLSA Authority
Statutory Citation: N.D.C.C. § 34-06-22
North Dakota minimum wage is $7.25/hr ($4.86 tipped direct wage). Weekly overtime required at 1.5x over 40 hours.
Employee Statutory Rights (ND)
- ✓ Minimum wage of $7.25/hr.
- ✓ 30-minute meal break for shifts over 5 hours.
- ✓ Overtime pay at 1.5x over 40 hours.
Employer Mandatory Obligations (ND)
- § Pay tipped staff at least $4.86/hr direct cash wage.
- § Pay wages at least monthly on regular paydays.
- § Reimburse tip credit shortfalls.
Common North Dakota Payroll Compliance Traps & Audit Penalties
Tip credit shortfalls below $7.25/hr.
Failing to provide mandatory meal breaks.
Unauthorized pay deductions.
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Audit North Dakota Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in North Dakota.