WAGE AND HOUR DEMAND LETTER
North Dakota Wage and Hour Laws and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, North Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[North Dakota State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and North Dakota Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and North Dakota Century Code Chapters 34-06 and 34-14.
Please direct all further communications regarding this matter to our office.
I. NORTH DAKOTA-SPECIFIC LEGAL FRAMEWORK
A. North Dakota Minimum Wage
North Dakota's minimum wage is $7.25 per hour, equal to the federal minimum wage. N.D. Cent. Code Section 34-06-22.
North Dakota allows a tip credit of up to $5.12 per hour, meaning tipped employees must receive a cash wage of at least $2.13 per hour plus tips equaling the minimum wage. N.D. Cent. Code Section 34-06-22.
B. Overtime Requirements
North Dakota follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. N.D. Admin. Code Section 46-02-07-02. North Dakota does not require daily overtime.
C. Meal and Rest Break Requirements
North Dakota requires:
- Meal Breaks: A 30-minute meal break must be provided for each shift of more than 5 consecutive hours, unless the employer allows the employee to eat while working. N.D. Admin. Code Section 46-02-07-02(5).
North Dakota does not mandate paid rest breaks for adult employees.
D. Wage Payment Requirements
Under North Dakota law:
- Regular Pay Periods: Wages must be paid at least once per month on regular paydays. N.D. Cent. Code Section 34-14-02.
- Termination: All wages due must be paid on the next regular payday, or within 15 days of termination, whichever occurs first. N.D. Cent. Code Section 34-14-03.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| North Dakota contract claims | 6 years | N.D. Cent. Code Section 28-01-16 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
North Dakota Penalties: North Dakota primarily relies on administrative enforcement through the Department of Labor. Civil remedies are available for unpaid wages plus any attorney's fees permitted by contract or law.
G. Attorney's Fees
The FLSA provides for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and North Dakota wage and hour laws by:
- [ ] Failing to pay the minimum wage required under federal/state law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required meal breaks under N.D. Admin. Code Section 46-02-07-02(5)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination within 15 days
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. North Dakota Wage Violations
[Company Short Name] violated North Dakota wage laws by [describe violation].
C. North Dakota Meal Break Violations
North Dakota requires a 30-minute meal break for shifts of more than 5 consecutive hours. N.D. Admin. Code Section 46-02-07-02(5). [Company Short Name] violated this requirement by [describe violation].
D. North Dakota Wage Payment Violations
[Company Short Name] violated North Dakota wage payment laws by:
- [ ] Failing to pay wages on the established payday. N.D. Cent. Code Section 34-14-02.
- [ ] Failing to pay all wages due within 15 days of termination. N.D. Cent. Code Section 34-14-03.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Meal Breaks | [X breaks] x [30 min] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate North Dakota District Court or United States District Court for the District of North Dakota.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and North Dakota Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[North Dakota State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)