How to Hire a New Employee in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated 2026-05-18
When a North Dakota employer adds a worker to payroll, the state's own wage and reporting rules kick in. In North Dakota, $7.25 per hour (North Dakota matches federal FLSA floor under N.D. The statutory anchor is N.D. Cent. Code section 34-06-22. The federally-required new-hire report in North Dakota is filed with the report due no later than 20 days after the date of hire. Below are the North Dakota-specific filings, deadlines, and the statutes that govern workers' comp, E-Verify, and at-will employment.
Key Considerations
After offer acceptance, two state portals are in play. New-hire reporting in North Dakota is filed No later than 20 days after the date of hire. Unemployment insurance registration is filed
On the wage side, North Dakota applies the federal FLSA floor (no separate state rate). $7.25 per hour (North Dakota matches federal FLSA floor under N.D. Cent. Code section 34-06-22); tipped cash $4.86 (33% of full minimum). Authority: N.D. Cent. Code section 34-06-22; N.D. Admin. Code 46-02-07-02.
The risk-allocation rules in a North Dakota hire run on three statutes. On workers' compensation, consult the relevant state agency on workers-comp threshold On work-authorization verification, No state-level statute. Governed by federal law. On termination posture, 34-03-01
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Relevant Documents
For a North Dakota hire the document touchpoints are federal Form I-9, federal Form W-4 (and the North Dakota state-tax addendum where the state operates a separate withholding regime), the North Dakota new-hire report filed with the state agency (No later than 20 days after the date of hire.), and the workers' compensation paperwork tied to the North Dakota threshold: consult the relevant state agency on workers-comp threshold Minimum-wage authority: N.D. Cent. Code section 34-06-22; N.D. Admin. Code 46-02-07-02.
Employee Handbook
A comprehensive document outlining company policies, procedures, work rules, benefits, and expectations. Provides important information to new employees and serves as a reference for all staff.
Employment Application Form
A standardized form for collecting information from job applicants including work history, education, skills, and references. This helps employers make informed hiring decisions and serves as documentation of the hiring process.
Employment Contract
A comprehensive legal agreement between employer and employee detailing all terms and conditions of employment including duties, compensation, benefits, termination procedures, and confidentiality requirements.
Employment Offer Letter
A formal document outlining the terms of employment including position, salary, benefits, start date, and other conditions. This establishes clear expectations and serves as evidence of the employment agreement.
Non-Compete Agreement
A contract that restricts an employee from working for competitors or starting a competing business for a specified period after employment ends. Enforceability varies significantly by state.
Non-Disclosure Agreement
Protects your confidential information, trade secrets, and intellectual property that you may need to share with the manufacturer during the course of your relationship. This should be signed before detailed discussions begin.
Relevant Laws
North Dakota Human Rights Act
Prohibits employment discrimination based on race, color, religion, sex, national origin, age, disability, marital status, or receipt of public assistance. Employers must ensure their hiring practices comply with these anti-discrimination provisions.
North Dakota Minimum Wage and Hour Law
Sets the state minimum wage (which follows the federal minimum wage of $7.25 per hour) and overtime requirements. New employers must comply with these wage standards from the start of employment.
North Dakota New Hire Reporting Requirements
Requires employers to report all newly hired employees to the North Dakota State Directory of New Hires within 20 days of hire. This information is used for child support enforcement.
Employment Verification (Form I-9)
Federal requirement to verify employment eligibility by completing Form I-9 within 3 business days of the employee's first day of work. Employers must verify identity and employment authorization documents.
North Dakota Workers' Compensation Law
Requires employers to obtain workers' compensation insurance coverage for employees. This must be in place before new employees begin work to cover potential workplace injuries.
North Dakota Unemployment Insurance Law
Requires employers to register with Job Service North Dakota and pay unemployment insurance taxes. New employers must register within 20 days of hiring their first employee.
North Dakota At-Will Employment Doctrine
North Dakota follows the at-will employment doctrine, meaning either employer or employee can terminate the relationship at any time without cause, unless there is a contract specifying otherwise or the termination violates anti-discrimination laws.
Regional Variances
North Dakota Employment Laws
Fargo has a local ordinance requiring employers to provide new hires with written notice of their employment terms within 7 days of starting work, which is stricter than the state requirement.
Bismarck has additional requirements for employers with 25+ employees, including mandatory posting of employee rights in both English and Spanish regardless of workforce demographics.
Grand Forks has implemented a 'Ban the Box' ordinance for public employers that prohibits asking about criminal history on initial job applications, though private employers are currently exempt.
Minot has specific requirements for employers in the energy sector, including additional safety training documentation that must be completed within the first 30 days of employment.
Cass County has additional verification requirements for employers hiring for positions that involve work with vulnerable populations, requiring more extensive background checks than state law mandates.
Suggested Compliance Checklist
File the federally-required new-hire report
On hire days after startingThe North Dakota portal is No later than 20 days after the date of hire.
Enroll the business with the North Dakota unemployment-insurance tax agency at.
Before first payroll days after startingEnroll the business with the North Dakota unemployment-insurance tax agency at.
Collect federal Form W-4 and any North Dakota state-tax withholding addendum required by the state revenue agency
Before first hire days after startingThe federal Form W-4 is the floor; the state addendum (where the state has its own withholding regime) drives state income-tax deductions.
Run the federal Form I-9 process at hire
On hire days after startingThe employee completes section 1 on or before day one; the employer completes section 2 within 3 business days. Retain per 8 CFR section 274a.2.
Determine whether E-Verify enrollment is required or optional in North Dakota
On hire days after startingNo state-level statute. Governed by federal law.
Confirm workers' compensation coverage status
Before hire days after startingIn North Dakota, consult the relevant state agency on workers-comp threshold
Compile the workplace-poster set required in North Dakota
Before first hire days after startingNorth Dakota Minimum Wage and Work Conditions Summary Poster; Job Service North Dakota Unemployment Insurance Poster
Set the at-will employment representation in writing
Before hire days after startingNorth Dakota posture: 34-03-01
| Task | Description | Document | Days after starting |
|---|---|---|---|
| File the federally-required new-hire report | The North Dakota portal is No later than 20 days after the date of hire. | - | On hire |
| Enroll the business with the North Dakota unemployment-insurance tax agency at. | Enroll the business with the North Dakota unemployment-insurance tax agency at. | - | Before first payroll |
| Collect federal Form W-4 and any North Dakota state-tax withholding addendum required by the state revenue agency | The federal Form W-4 is the floor; the state addendum (where the state has its own withholding regime) drives state income-tax deductions. | - | Before first hire |
| Run the federal Form I-9 process at hire | The employee completes section 1 on or before day one; the employer completes section 2 within 3 business days. Retain per 8 CFR section 274a.2. | - | On hire |
| Determine whether E-Verify enrollment is required or optional in North Dakota | No state-level statute. Governed by federal law. | - | On hire |
| Confirm workers' compensation coverage status | In North Dakota, consult the relevant state agency on workers-comp threshold | - | Before hire |
| Compile the workplace-poster set required in North Dakota | North Dakota Minimum Wage and Work Conditions Summary Poster; Job Service North Dakota Unemployment Insurance Poster | - | Before first hire |
| Set the at-will employment representation in writing | North Dakota posture: 34-03-01 | employment-offer-letter | Before hire |
Frequently Asked Questions
North Dakota requires the new-hire report to be filed No later than 20 days after the date of hire. The federal anchor for the report itself is the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.
In North Dakota, the E-Verify posture for private employers is: No state-level statute. Governed by federal law. Federal contractors with a FAR E-Verify clause must still use E-Verify regardless of state law.
$7.25 per hour (North Dakota matches federal FLSA floor under N.D. Cent. Code section 34-06-22); tipped cash $4.86 (33% of full minimum) The statutory anchor is N.D. Cent. Code section 34-06-22; N.D. Admin. Code 46-02-07-02.
Other North Dakota guides
Setting Up a Business Partnership in North Dakota (2026)
Small Business Loan Guide for North Dakota (2026)
Setting Up a Manufacturing Relationship in North Dakota (2026)
Landlord Rules in North Dakota: Renting Out Property (2026)
How to File a Small Claims Lawsuit in North Dakota (2026)
How to Dispute a Bill in North Dakota (2026)
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