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Employee Handbooks - Work Rules - Employee Conduct: North Dakota

Employee Handbooks - Work Rules - Employee Conduct requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Joel Fremstad and Lynn Block, Fremstad Law


  • North Dakota is an employment at-will state. See Employment At-Will.
  • Employers beware of disciplining employees for lawful behavior off employer premises. See Lawful Activity.
  • The North Dakota Smoking Ban Initiative revised the no-smoking ban and prohibits smoking in all public places and in most workplaces in the state, both indoor and outdoor. See Smoking at Work.
  • North Dakota is a right to work state. See Right to Work.
  • It is unlawful to intimidate another person to keep them from working. See Workplace Violence.
  • In North Dakota, employees can keep guns in their vehicle on the employer's premises and can take the gun out of their vehicle to defend themselves. See Firearms at Work.
  • An employer can intercept an electronic communication if a party to it. See Privacy.
  • Employers are required to maintain employee time and attendance records. See Timekeeping.
  • Anti-nepotism policies are acceptable for private employers. See Nepotism.
  • Employers take care not to implement a dress code that violates the North Dakota Human Rights Act. See Dress Code.
  • Employers may drug test employees as long as they pay for the cost of testing. See Drug Testing.