North Dakota Final Paycheck Laws
In North Dakota, an employer must pay final wages to a fired employee: next regular payday. The same deadline applies if you quit. If wages are late or missing, you can file a wage claim with the state labor department or go to court.
When a job ends, one of the first questions is when the last paycheck arrives. Here are the North Dakota rules.
At a glance
| Question | Answer |
|---|---|
| If you are fired or laid off | Next regular payday |
| If you quit | Next regular payday |
| Statute | N.D. Cent. Code § 34-14-03 |
What is included in a final paycheck
- All regular wages earned through the last day of work.
- Overtime earned and not yet paid.
- Earned commissions and bonuses, depending on the terms of the plan.
- Accrued vacation or PTO, but only where state law or the employer's written policy requires payout; rules differ widely by state.
Employers can generally make only deductions the law allows, and deductions cannot push pay below the minimum wage.
If your final paycheck is late or wrong
- Ask the employer in writing for the missing pay and keep a copy.
- Gather pay stubs, time records and any offer letter or commission plan.
- File a wage claim with your state labor department, or a complaint with the U.S. Department of Labor for minimum wage and overtime violations.
- For larger amounts, consider small claims court or an employment lawyer.
Related: what to do when you get fired, how to get unpaid wages from an employer and the North Dakota minimum wage. If you plan to sue for unpaid wages yourself, check the North Dakota small claims court limit.
Sources
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This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.
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