Employment Law -- Employee

What Is The Minimum Age For Employment?

The minimum age for employment in North Dakota is 14. The law requires 14 and 15 year­old workers to file an Employment and Age Certificate with the Department of Labor. This form is commonly referred to as a “work permit.” The form contains sections to be completed by the worker, the worker’s parent or guardian, and the employer. It is specific to each job held and a new certificate must be filed when a 14 or 15 year­old worker changes jobs. Forms are available from the Department of Labor, Job Service North Dakota offices, and County School Superintendents’ offices.

Teens may be exempt from some or all of the state youth employment rules under certain conditions:

  1. They are exempt from the minimum age (14) and from the need for a work permit if they work for and under the direct supervision of their parent or guardian and if that person is 100 percent owner of the business.
  2. They are exempt from the restricted hours and the need for a work permit if they are exempt from compulsory school attendance because they have completed the requirements for graduation, because they are needed to help financially support their family, or because they cannot be taught in a mainstream classroom due to a disability.
  3. They are exempt from the minimum age, restricted hours, and the need for a work permit if they work in domestic service (performing services of a household nature in or about the employer’s private home).
  4. They are exempt from all youth employment provisions if they work in agricultural employment.

Babysitting in domestic service does not constitute employment unless it involves 20 or more hours of work for 3 or more consecutive weeks.

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