North Dakota meal period rule

Does North Dakota require a meal break? Yes: 30 minutes on each shift over 5 hours when 2 or more employees are on duty, and the worker may waive it by agreement (N.D. Admin. Code 46-02-07-02(5)).

N.D. Admin. Code 46-02-07-02(5)

"A minimum thirty-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty. Employees may waive their right to a meal period upon agreement with the employer. Employees do not have to be paid for meal periods if they are completely relieved of their duties and the meal period is ordinarily thirty minutes in length. The employee is not completely relieved if required to perform any duties during the meal period. Collectively bargained agreements will prevail over this provision."

What it means:

• Trigger: a shift of more than 5 hours, with at least 2 employees on duty.
• Waiver: the worker can give it up by agreement with the employer.
• Pay: unpaid only if the worker is fully relieved of duties for the period.

The same chapter lists jobs exempt from these working conditions, such as staff at nonprofit youth camps and hunting or fishing guides (46-02-07-02(1)).

Worked example: an 8:00 a.m. to 1:30 p.m. shift

The shift is 5.5 hours, which exceeds 5, so a 30-minute meal period is due if 2 or more employees are on duty, for example 10:30 a.m. to 11:00 a.m. The rule sets no clock window. If the worker is the only employee on duty, the rule does not apply. The worker may waive the meal period by agreement with the employer. A 5-hour shift does not exceed 5 hours and is not covered (arithmetic and reading of 46-02-07-02(5)).

Breaks at a glance

Item	North Dakota rule
Trigger	A shift exceeding 5 hours with 2 or more employees on duty
Length	At least 30 minutes
Timing	Not set by the rule
Pay	Unpaid only if the worker is completely relieved of duties
Waiver	By agreement with the employer
Collective bargaining	The agreement prevails

Penalties and enforcement

Paragraph (5) states no penalty and names no enforcing agency. We could not reach the state labor department's site today, so we give no complaint link.

Federal law. Federal law does not require lunch or coffee breaks (U.S. Department of Labor). Short breaks of about 5 to 20 minutes that an employer offers count as hours worked and are paid (29 CFR 785.18). A bona fide meal period, ordinarily 30 minutes or more with the worker completely relieved from duty, is not work time and can be unpaid (29 CFR 785.19). The state rule above sits on top of that.

Not legal, tax or payroll advice. Read on October 27, 2026 from the Legislative Council's published administrative code PDF through an Internet Archive copy dated January 13, 2026, because ndlegis.gov did not answer our connection.