North Dakota Child Labor Laws
North Dakota is very protective of its young employers. Its laws aim to provide safe working opportunities that do not compromise their health, safety, and education. The Department of Labor and Human Rights closely regulates the state’s laws, including those related to working age, hours restrictions, and prohibitions on hazardous jobs. Employers must comply with both North Dakota law and federal law to avoid penalties.
How the State Regulates Child Labor
Youth employment in North Dakota is governed by age minimums, work-hour regulations, and documentation.
Minors aged 14 and 15 must obtain an Employment and Age Certificate (“work permit”) before starting employment. At the same time, employers must verify a minor’s age and provide work schedules that do not conflict with school attendance, and keep the required forms on file.
Relation to Federal Law
North Dakota law generally aligns with the federal Fair Labor Standards Act (FLSA). However, when the state and federal child labor laws differ from one another, employers must follow the stricter standards to protect the interests of minors. Moreover, North Dakota’s requirement for work permits and some job restrictions go above and beyond the federal minimums for workers under 16 years of age.
Minimum Working Age in North Dakota
In North Dakota, the general minimum working age is set at 14 years for most non-agricultural jobs. However, some expectations exist, such as:
- Working as farm labor
- Providing domestic services
- Working in the entertainment industry
- delivering newspapers
- Working for one’s own parents/guardians/grandparents in a business owned 100% by that adult and under their direct supervision.
Work Permits for Minors in North Dakota
As of 2025, the state requires all 14- and 15-year-olds to obtain a work permit, known as an “Employment and Age Certificate,” before commencing employment.
The process of obtaining a work permit is as follows:
- The minor must receive a job offer from the employer.
- The minor must get the form filled out by their parent/guardian and the employer.
- The minor must then submit the form with age proof (such as a birth certificate) to their school.
- The issuing authority will authenticate the details, approve the application, and provide the official employment certificate.
- The minor must then submit a copy of the employment certificate to their employer, who must, in turn, keep the certificate on file for compliance purposes.
Note: a minor must submit a new certificate for each different job.
Hour Restrictions for Minors in North Dakota
14- and 15-year-olds:
- During school weeks: A maximum of 3 hours per school day and 18 hours per week.
- During non-school weeks: A maximum of 8 hours per day and 40 hours per week.
- Permitted work hours: Between 7 AM and 7 PM, which can extend to 9 PM between June 1 and Labor Day.
- Breaks: A 30-minute break for every five hours of consecutive work and a one-hour break in an 8-hour shift.
16- and 17-year-olds:
- No state hourly limits.
- Must not work during school hours.
- Must not work in federally prohibited hazardous jobs.
Prohibited Jobs for Minors in North Dakota
The following occupations are considered hazardous for minors and must not be employed in these areas.
| Age Group | Prohibited Occupations & Special Conditions |
| Under 14 | All employment except farm/domestic work, acting, newspapers, or direct family business with full parental ownership/supervision. |
| 14-15 | No manufacturing, mining, processing, motor vehicle operation, window washing, meatpacking, food processing, power tools, or baking. |
| Under 18 | No hazardous occupations (as defined by FLSA): construction, power-driven machinery, explosives, roofing, logging, demolition, and more. |
Penalties for Non-Compliance
Employer Liabilities: Violation of child labor laws is subject to both civil and criminal penalties
- Employers can face civil penalties up to $15,138 per violation under the federal FLSA.
- Willful or repeated violations can result in criminal prosecution, fines up to $10,000, and even imprisonment for brazen repeat violations.
- The state law further enforces additional penalties for failing to maintain proper records or employing minors in hazardous occupations.
Parental Liabilities
- Parents are typically not held liable unless they knowingly allow minors to work in violation or supervise underage family members in restricted roles.
- Family farm/business exemptions are narrowly defined and closely monitored by both state and federal governments.
HR Notifications and Documentation
Employers must maintain specific documentation for all minor employees.
| Document | Retention & Storage Details |
| Employment & Age Certificate | Required for each job, filed with the school and ND DOLHR; employer keeps on file. |
| Proof of Age | Required for all minors; usually a birth certificate or similar legal ID. |
| Work Schedule Records | Employers should maintain a log of hours worked and tasks assigned for all minor employees. |
| Parental Consent | Must be part of the work permit for 14- and 15-year-olds. |
Got questions?
An individual must be at least 14 years old to work in North Dakota. However, some exceptions allow minors below 14 years to work. These include working in a family business, providing domestic services, acting, and delivering newspapers.
As of 2024, 14- and 15-year-olds need an Employment and Age Certificate or a work permit to commence employment in North Dakota. Employers must keep the original or a copy of this work permit in their records for compliance purposes.
According to federal laws, which are stricter than the state laws, minors can work a maximum of 3 hours per day (18 hours per week) on a school day, or 8 hours per day (40 hours per week) on a non-school day. They must also work between 7 AM and 7 PM, which can extend to 9 PM in summer.
Jobs such as manufacturing, mining, operating motor vehicles, using power-driven equipment, baking, and those involving explosives or demolition are off limits for minors under 16. The FLSA defines broader bans for all minors under 18 years of age.
Employers who violate child labor laws can face penalties of up to $15,138 per violation under federal law, up to $10,000 in case of willful/repeat offenses, possible jail, and additional state penalties if they fail to maintain proper employment records.
