HR Compliance

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North Dakota Meal Break Requirements

active

North Dakota requires employers to provide a 30-minute meal break to employees who work 5 or more consecutive hours. The meal break must be provided within a reasonable time during the shift.

Jurisdiction
ND (state)
Law Type
Meal Breaks
Status
active
Citation
N.D. Admin. Code 46-02-07-02
Regulatory Citation
N.D. Admin. Code 46-02-07-02
Effective Date
1990-01-01
Last Verified
2026-01-15
Record Updated
2026-01-15

Applicability

Employee Types
non-exempt
Age Groups
adult, 16-17, 14-15

Requirements

Meal Period
Trigger Hours
5
Duration Minutes
30
Timing
Must be provided within a reasonable time during shifts of 5 or more consecutive hours.
Duty Free
Yes
Paid
No
Description
A 30-minute meal break is required for employees who work 5 or more consecutive hours. The break may be unpaid if the employee is completely relieved of duties.
Exemptions
Description
The meal break may be waived by mutual consent of the employer and employee if the nature of the work allows the employee to eat while working.

Penalties

Employers who fail to provide required meal breaks may be subject to enforcement action by the North Dakota Department of Labor and Human Rights.

Notes

North Dakota's meal break requirement is established through administrative code rather than statute. The requirement applies broadly and has a relatively low 5-hour trigger threshold.

Sources