EMPLOYEE HANDBOOK

(State of North Dakota – Comprehensive Template)

[// GUIDANCE: This template is intentionally expansive to capture the full range of policy areas a North-Dakota-based employer may wish to address. Delete any provisions that are not relevant to your client’s operations and tailor all bracketed placeholders before release.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Employment Relationship
    B. Wage & Hour Compliance (ND-Specific)
    C. Leave & Time-Off Policies (ND-Specific)
    D. Anti-Discrimination, Harassment & Accommodation (ND-Specific)
    E. Employee Conduct & Performance Standards
IV. Representations & Warranties / Disclaimers
V. Covenants & Restrictions
VI. Default, Discipline & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Acknowledgment & Receipt (Execution Block)

I. DOCUMENT HEADER

1. Title. Employee Handbook (the “Handbook”) of [COMPANY NAME], a [STATE OF FORMATION] [corporation/LLC/etc.] (the “Company”).
2. Effective Date. [EFFECTIVE DATE] (“Effective Date”).
3. Jurisdiction. All employment matters shall be governed by the laws of the State of North Dakota, except where federal law pre-empts or supplements those laws.
4. Recitals.
   4.1 The Company issues this Handbook to provide employees (“Employees”) with a concise statement of workplace policies, benefits, and expectations.
   4.2 The Company reserves the right to revise, rescind, or add policies at its sole discretion, subject to applicable law.

II. DEFINITIONS

For ease of reference, capitalized terms used throughout the Handbook shall have the meanings assigned below:

“Company” – [COMPANY NAME] and all parents, subsidiaries, affiliates, successors, and assigns.

“Employee” – Any individual classified by the Company as an employee (exempt or non-exempt, full-time, part-time, temporary, or seasonal) on its payroll records.

“Handbook” – This Employee Handbook, as amended from time to time.

“Manager” – Any employee with supervisory responsibility over other employees.

“ND Wage & Hour Laws” – Collectively, applicable North Dakota statutes, regulations, and administrative guidance governing wages, hours, child labor, and related topics.

[// GUIDANCE: Add further defined terms (e.g., “Confidential Information,” “Harassment,” “Protected Class,” etc.) as needed for your client’s workforce.]

III. OPERATIVE PROVISIONS

A. Employment Relationship

1. At-Will Status. Employment with the Company is “at will.” Either the Company or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. Nothing in this Handbook creates or is intended to create a contract of employment.
2. Equal Opportunity Statement. The Company is an equal opportunity employer and complies with all applicable federal and state equal employment opportunity (“EEO”) laws.
3. Immigration Compliance. The Company will verify employment eligibility as required by federal law.
4. Workplace Safety. The Company maintains a safe workplace, consistent with the federal Occupational Safety and Health Act (“OSHA”) and any North Dakota safety standards.

B. Wage & Hour Compliance (ND-Specific)

1. Minimum Wage. Employees will be paid at least the greater of (a) the federal minimum wage or (b) the North Dakota minimum wage in effect at the time work is performed.
2. Overtime. Non-exempt Employees will receive overtime pay at one and one-half times their regular rate for all hours worked over 40 in a workweek, in accordance with federal and state law.
3. Timekeeping. Employees must accurately record all hours worked using the Company’s designated timekeeping system.
4. Pay Periods & Deductions. Employees will be paid [WEEKLY/BI-WEEKLY/SEMI-MONTHLY]. Authorized deductions include, but are not limited to, federal and state taxes, court-ordered garnishments, and Employee-authorized deductions.
5. Meal Periods. Employees scheduled to work shifts longer than five (5) consecutive hours will receive an unpaid 30-minute meal period when two (2) or more Employees are on duty, consistent with North Dakota requirements.
6. Lactation Breaks. The Company will provide reasonable break time and a private location (other than a bathroom) for an Employee to express breast milk, in compliance with North Dakota law.

C. Leave & Time-Off Policies (ND-Specific)

1. Vacation/Paid Time Off (“PTO”).
   a. Accrual. Employees accrue PTO at the following rate: [INSERT ACCRUAL SCHEDULE].
   b. Use & Carryover. PTO may be used for any lawful purpose with [PRIOR NOTICE REQUIREMENT]. Unused PTO will [carry over/be forfeited/paid out] as provided under North Dakota law.

2. Sick Leave. The Company provides [INSERT HOURS] of paid sick leave annually for illness, medical appointments, or to care for qualifying family members.

3. Family & Medical Leave.
   a. Federal FMLA. Eligible Employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period under the federal Family and Medical Leave Act (FMLA).
   b. Pregnancy-Related Conditions. Reasonable accommodations and leave for pregnancy, childbirth, or related medical conditions will be provided under the North Dakota Human Rights Act.
   c. Military Family Leave. The Company will provide leave to eligible Employees whose family members are called to active duty, as required by applicable state and federal law.

4. Jury Duty. Employees will be granted unpaid leave to serve as jurors. Exempt Employees will receive their full salary for any workweek in which they serve, less amounts received from the court, consistent with wage-hour rules.

5. Voting Leave. The Company will provide reasonable time off to vote when an Employee does not have sufficient time outside working hours to do so.

6. Other Leave. Additional leaves (e.g., bereavement, domestic violence, bone marrow donation) will be provided as required by law or as authorized by Company policy.

D. Anti-Discrimination, Harassment & Accommodation (ND-Specific)

1. Policy Statement. The Company strictly prohibits discrimination, harassment, or retaliation against any Employee or applicant based on race, color, religion, sex, pregnancy, marital status, national origin, age, physical or mental disability, public assistance status, participation in lawful off-duty activity, or any other status protected by the North Dakota Human Rights Act or federal law.
2. Sexual Harassment. Sexual harassment is prohibited in any form. Complaints will be thoroughly investigated and resolved promptly.
3. Reporting Procedure. Employees should report discrimination or harassment to [TITLE or DEPARTMENT] without fear of retaliation.
4. Reasonable Accommodation. The Company will provide reasonable accommodation to qualified individuals with disabilities and for sincerely held religious beliefs, barring undue hardship.

E. Employee Conduct & Performance Standards

1. Code of Conduct. Employees must perform their duties with integrity, professionalism, and respect.
2. Confidentiality. Employees shall protect the Company’s confidential and proprietary information.
3. Conflicts of Interest. Employees must avoid activities that conflict with the interests of the Company.
4. Drug-Free Workplace. The Company maintains a workplace free of illegal drugs and alcohol misuse.
5. Workplace Violence. Violence, threats, or intimidation are strictly prohibited.

IV. REPRESENTATIONS & WARRANTIES / DISCLAIMERS

1. No Contract of Employment. This Handbook is not a contract. It may be amended or terminated by the Company at any time.
2. Handbooks Superseded. This Handbook supersedes all prior versions.
3. Accuracy of Information. Employees represent that information provided to the Company (e.g., employment applications, time records) is true and complete.
4. Survival. Confidentiality, non-solicitation, and risk allocation provisions survive termination of employment to the extent permitted by law.

V. COVENANTS & RESTRICTIONS

1. Employee Covenants. During employment, and for [TIME PERIOD] thereafter (if enforceable), Employees shall:
   a. Safeguard Confidential Information;
   b. Refrain from competing with the Company or soliciting its clients or employees, subject to North Dakota’s statutory and common-law limitations on non-competition agreements;
   c. Comply with all policies set forth in this Handbook and any subsequent policy statements.
2. Monitoring. Employees consent to reasonable monitoring of Company-owned equipment, systems, and property.
3. Notice of Breach. Employees must promptly notify the Company of any breach or suspected breach of these covenants.

VI. DEFAULT, DISCIPLINE & REMEDIES

1. Progressive Discipline. The Company may, but is not required to, follow a progressive discipline process: (a) verbal warning; (b) written warning; (c) final warning/suspension; (d) termination.
2. Immediate Termination. The Company reserves the right to terminate employment immediately for misconduct, violation of law, or severe policy breach.
3. Cure Periods. Where practicable, Employees will be given [NUMBER] calendar days to cure remediable violations.
4. Remedies. In addition to termination, the Company may seek civil damages, injunctive relief (subject to the “Injunctive Relief” limitation below), and recovery of attorney’s fees where permitted.

VII. RISK ALLOCATION

1. Indemnification by Employee. To the fullest extent permitted by law, Employees agree to indemnify and hold the Company harmless from losses, damages, or liabilities arising from the Employee’s willful misconduct, gross negligence, or unlawful acts (“Covered Acts”).
2. Limitation of Liability. The Company’s liability to Employees arising out of or related to employment shall not exceed applicable statutory limits.
3. Insurance. The Company maintains workers’ compensation and other insurance required by law. Employees may be covered under additional policies at the Company’s discretion.
4. Force Majeure. The Company is not liable for failure to perform obligations where performance is rendered impossible by events beyond reasonable control (e.g., natural disasters, government orders, pandemics).

VIII. DISPUTE RESOLUTION

1. Governing Law. This Handbook and any disputes arising hereunder shall be governed by the laws of the State of North Dakota.
2. Forum Selection. Subject to the arbitration election below, venue shall lie exclusively in the state courts of [COUNTY], North Dakota.
3. Optional Arbitration.
   a. Election. Either the Company or the Employee may elect to submit covered claims to binding arbitration under the Employment Arbitration Rules of the American Arbitration Association (“AAA”).
   b. Scope. Claims relating to wages, discrimination, harassment, retaliation, or termination are arbitrable unless otherwise prohibited by law.
   c. Costs. The Company will bear all AAA filing fees and arbitrator compensation beyond the amount an Employee would pay to file in court.
   d. Representation. Employees may be represented by counsel at their own expense.
4. Jury Trial. Nothing herein waives any constitutional right to a jury trial for claims that are not subject to arbitration or otherwise waivable under North Dakota law.
5. Injunctive Relief. A party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when necessary to prevent irreparable harm, provided such relief is narrowly tailored and does not waive the right to subsequent arbitration.

IX. GENERAL PROVISIONS

1. Amendments & Waiver. Only the [TITLE: e.g., Chief Executive Officer or Board of Directors] may issue written amendments to this Handbook. No oral statements may modify its provisions.
2. Assignment. Employment is personal to the Employee and may not be assigned. The Company may assign its rights and obligations in connection with a merger, acquisition, or corporate reorganization.
3. Severability. If any provision is held unenforceable, the remainder of the Handbook shall continue in full force to the extent consistent with law.
4. Integration. This Handbook, together with any written employment agreement or statutory notices, constitutes the entire understanding between the Company and the Employee regarding the subjects covered.
5. Electronic Signatures. The Company may rely on electronic signatures or acknowledgments, which shall have the same legal effect as originals.
6. Counterparts. This Handbook may be executed in one or more counterparts, each of which is deemed an original and all of which constitute one instrument.

X. ACKNOWLEDGMENT & RECEIPT (Execution Block)

I acknowledge that I have received and read the [COMPANY NAME] Employee Handbook, effective [EFFECTIVE DATE]. I understand it is my responsibility to familiarize myself with the policies contained herein and to comply with them at all times. I further understand:

1. My employment is at-will and may be terminated by me or the Company at any time, with or without cause or notice.
2. The Handbook does not create a contract of employment or guarantee any particular benefit or term of employment.
3. The Company may revise, rescind, or add to the policies in this Handbook at its sole discretion, consistent with applicable law.

Signature: _____ Date: __
Name (Print): _____ Position: ______

[Optional Notary Block – Include only if required by Company policy or desired for evidentiary purposes.]

[// GUIDANCE: Review all cross-references and defined terms after customizing placeholders. Consider attaching supplemental stand-alone policies (e.g., detailed FMLA notice, COVID-19 safety plan) as appendices rather than embedding extensive regulatory language within the main text.]