Disclaimer: The content provided below is for informational purposes only and does not substitute legal advice.
Last updated October, 2026
North Dakota Employee Handbook Overview
When building your North Dakota employee handbook, make sure it addresses the state and federal laws that apply to your employees. If you have employees in several states, you can use one handbook with policies that clearly identify where each rule applies.
Below are North Dakota policies to review, along with federal policies and other provisions you may want to include.
What should be included in a North Dakota employee handbook?
Every handbook should address applicable federal and state requirements, as well as any relevant local rules. Consider these North Dakota-specific points when drafting yours:
- North Dakota Record-Keeping Policy: Employers covered by the state’s equal-pay law must keep records of wages, job classifications, and other employment conditions throughout employment and for two years afterward. Describe your company’s recordkeeping practices where helpful.
- North Dakota Equal Employment Opportunity Policy: Covered employers may not discriminate based on race, color, religion, sex (including pregnancy), national origin, age 40 or older, disability, marital status, receipt of public assistance, or protected lawful activity outside work. The law also requires reasonable accommodations for qualifying disability, pregnancy, and religious needs, subject to its limits.
- North Dakota Equal Pay Policy: Employers may not pay an employee less than an employee of another gender in the same establishment for comparable work requiring comparable skill, effort, and responsibility, unless the difference is based on a lawful factor other than gender.
- North Dakota Meal Break Policy: A shift exceeding five hours must include a meal period of at least 30 minutes when two or more employees are on duty. An employee may waive the meal period by agreement with the employer. The period may be unpaid only when the employee is completely relieved of duties; a collective bargaining agreement may control.
- North Dakota Final Pay Policy: When employment ends, unpaid wages are due on the regular payday established for the period worked. If the employer terminates the employee, payment must be sent by certified mail to an address the employee designates unless both parties agree to another method.
- North Dakota Paid Time Off Policy: Unused paid time off that is available to an employee generally must be paid at separation. A private employer may withhold accrued PTO after a voluntary departure only if it gave written notice of the limitation at hiring, the employee worked less than one year, and the employee gave less than five days’ notice. An employer may also withhold awarded but unearned PTO if it gave written notice of that limitation before the award.
- North Dakota Jury Duty Leave Policy: Employers may not discharge, lay off, penalize, threaten, or coerce an employee for responding to a jury summons or serving as a juror. North Dakota does not require private employers to pay employees during jury service.
- North Dakota Military Leave Policy: Federal USERRA protects eligible employees who leave work for military service. North Dakota provides additional leave and reinstatement rights for state and local government employees, including specified paid leave and protection against discharge without cause for one year after returning to work.
- North Dakota Voting Leave Policy: North Dakota encourages employers to offer time off when an employee’s work schedule conflicts with polling hours. State law does not require voting leave. Explain any voting-time policy your company chooses to offer.
- North Dakota Whistleblower Policy: Employers may not retaliate against employees who report suspected legal violations in good faith to the employer, a government body, or law enforcement. The law also protects certain participation in public investigations and refusals to carry out instructions reasonably believed to be unlawful.
- North Dakota Witness Duty Leave Policy: Employers may not penalize employees for responding to a subpoena, serving as a witness, or attending court to give subpoenaed testimony.
- North Dakota Business Expense Reimbursement Policy: Employers must cover necessary expenses or losses directly resulting from an employee’s duties or the employer’s instructions. The statute excludes tools and equipment that the employee also uses outside work. Explain how employees should submit expenses and receipts.
Federal Policies
Don’t forget about the federal policies. Which ones belong in your handbook depends on your business, workforce, and benefits.
Core federal policies to consider
- Equal Employment Opportunity and Anti-Discrimination Policy
- Anti-Harassment and Complaint Procedure
- Family and Medical Leave Act (FMLA) Policy, if applicable
- Americans with Disabilities Act (ADA) and Reasonable Accommodation Policy
- Military Service Leave (USERRA)
- Wage and Hour Compliance Policy (Fair Labor Standards Act, or FLSA)
- At-Will Employment Notice
- Applicable federal-contractor policies, such as pay transparency, whistleblower protection, or drug-free workplace policies
Highly recommended policies
- Workplace Violence Prevention
- Code of Conduct
- Nursing Parents
- Conflict of Interest and Business Ethics
- Disciplinary Procedures
- Use of Company Property
- Employee Classification and Pay Practices
- Health and Safety
- Confidential Company Information
- Open Door Policy
- Receipt of Non-Harassment Policy
- Use of Communication and Computer Systems
- Workplace Searches and Inspections
Additional policies to consider
- Industry-specific policies
- Sick Leave, Vacation Leave, and PTO
- Company Vehicles
- Punctuality and Attendance
- Benefits
- Working Schedules
- Employment Records
- Smoking
- Overtime
- Performance Reviews
- Social Media
- Remote Work
- Introductory Period
- References
- Hiring Relatives and Significant Others
- Business Expense Reimbursement
Choose the policies that fit your company in the handbook builder.
Poster Requirements
Labor law posters can feel like a puzzle: the notices you need depend on your workplace and the laws that cover it.
Why should I care about displaying posters?
Applicable state and federal notices must be displayed where employees can readily see them. Keeping the right versions available helps employees understand their rights and helps your business meet its posting obligations.
What are the requirements for displaying labor law posters?
Display each required notice in the location and manner its law specifies. For employees who work remotely, electronic posting may supplement physical notices. Under federal guidance, electronic posting alone satisfies certain requirements only when the applicable conditions are met. Check whether a notice must also be accessible to job applicants.
What labor law posters do I need to display?
You may need both federal and North Dakota notices. The required set varies by factors such as your industry, workforce size, and federal-contractor status. Official posters are available free from government agencies.
- Federal poster requirements: Use the U.S. Department of Labor’s FirstStep Poster Advisor to identify federal notices that may apply to your business.
- North Dakota labor law poster requirements: The North Dakota Department of Labor and Human Rights provides free, printable employer posters, including the state’s Minimum Wage and Work Conditions Summary. You do not need to buy them from a commercial vendor.
How to create a North Dakota Employee Handbook?
An employee handbook isn’t just a formality; it helps employees understand how your company works and what they can expect. A useful handbook reflects your actual practices and the federal, North Dakota, and local rules that apply to your team.
You can draft one yourself or work with an attorney. Handbooks.io gives you another way to get started: answer a short set of questions, choose policies suited to your company, and edit the resulting handbook. Review it as your business and the law change. Let’s build this thing!
Get started on building your handbook
Creating your handbook starts with a few questions about your company, such as:
- How many employees do you have?
- Do you have employees in multiple states?
- Do you use an introductory period?
- Do you offer paid holidays?
- What is your payroll schedule?