North Dakota: Meal and Rest Break Requirements

Requirements one by one

The meal-period trigger

Under N.D. Admin. Code § 46-02-07-02(5), an employer must provide at
least 30 minutes in a shift exceeding five hours when two or more employees
are on duty. The headcount condition matters: the rule does not impose the
meal duty when only one employee is on duty.

Pay, waiver, and on-duty meals

The same subsection permits the employee to waive the meal period by agreement
with the employer; it does not say that the agreement must be written. A meal
may be unpaid only if the employee is completely relieved from duties and the
period is ordinarily 30 minutes long. Requiring any active or inactive duty
during the period makes the time compensable.

Short rest breaks

North Dakota does not require a separate 10- or 15-minute rest break. The
Department of Labor and Human Rights' current FAQ says that if an employer
nevertheless provides a short mid-shift break, the employer must pay for it.

Coverage and enforcement

The work-conditions order contains listed exclusions in § 46-02-07-02(1),
including certain nonprofit-camp workers, hunting or fishing guide-service
workers, golf caddies, actors or extras, narrow casual babysitting, volunteers,
and qualifying student trainees. A collectively bargained agreement prevails
over the meal-period provision.

North Dakota supplies public enforcement rather than a special missed-break
premium. Under N.D.C.C. § 34-06-17, the Labor Commissioner investigates
compliance and takes steps necessary to cause prosecution. Section 34-06-19
makes violation of a rule issued under the chapter a class B misdemeanor.
Separately, duties performed during an unpaid meal or an unpaid provided short
break can create a claim for unpaid working time.

What trips people up

The meal rule has two conditions, not one. A shift must exceed five hours, and
at least two employees must be on duty. An eight-hour shift worked alone does
not satisfy the second condition.

Waiving the meal and working through an unpaid meal are different. The rule
allows an agreed waiver. But if a meal is scheduled and the employee must keep
working, § 46-02-07-02(5) says the employee is not completely relieved and
the period cannot be treated as unpaid.

Common questions

Does North Dakota require two paid 15-minute breaks?

No. State law does not require short rest breaks. If an employer chooses to
provide a short mid-shift break, the Department says it must be paid.

Can an employee waive lunch on a six-hour shift?

Yes, if the employer agrees. The rule permits waiver by agreement and does not
set a maximum shift length for that waiver.

Do minors receive a longer or additional meal break?

The general meal rule applies without a separate age-based schedule. North
Dakota's youth rules add hour, time-of-day, and occupation limits for ages 14
and 15, but the current youth guidance does not state a different meal or rest
period.

Statutes and sources

• N.D. Admin. Code § 46-02-07-02(1), (5). The current official order sets
  the 30-minute meal, two-worker trigger, waiver, pay treatment, CBA rule, and
  chapter exclusions. Official order
  (accessed July 12, 2026).
• N.D.C.C. §§ 34-06-17 and 34-06-19. The current official chapter directs
  the Commissioner to investigate and pursue prosecution and classifies a
  violation as a misdemeanor. Official code
  (accessed July 12, 2026).
• North Dakota Department of Labor and Human Rights, Wage and Hour FAQ. The
  agency confirms the meal rule and that provided short breaks must be paid.
  Official FAQ (accessed July 12,
  2026).
• North Dakota Department of Labor and Human Rights, Youth Employment. The
  agency lists the current youth-hour and occupation limits.
  Official guidance
  (accessed July 12, 2026).