Lunches and Breaks are a subject of much interest by employers and employees alike. In reviewing state laws related to this area, I have found that North Dakota has several pertinent state regulations.
If an employee has a shift that is five or more hours long, he or she is entitled under North Dakota law to a 30 minute meal break. In order for this to qualify as an unpaid break, the worker must be completely relieved of his or her duties, and must be free to engage in personal activities during this time. If a worker must continue doing even small tasks (such as answering a phone) it doesn’t qualify as an unpaid break.
The North Dakota lunch and break law does not apply in certain types of employment situations. Employees at non-profit educational youth camps, fishing and trail guides, golf caddies, movie actors and extras, people employed as casual babysitters (defined as less than 20 hours per week for less than three consecutive weeks), and student trainees who meet certain requirements are all not required to receive a meal break under the state law.
The North Dakota law also does not apply in situations where only one employee is on duty at a given time. Finally, if an employee voluntarily gives up his or her lunch break, he or she is permitted to do so under state law if this is agreed to by the employer.
North Dakota law does not specifically provide for any other breaks during the workday other than this 30 minute unpaid meal period. However, if employers do wish to give short breaks to workers during the day, they must be paid breaks if they are less than 30 minutes in length.
A complete summary of North Dakota lunch and break laws may be found on the North Dakota All in One Labor Law Poster. This poster also contains detailed information on many other aspects of both federal and state labor laws.
