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Fact Brief

Is it legal to lower the minimum wage in North Dakota?

Is it legal to lower the minimum wage in North Dakota?
Photo by Kenny Eliason on Unsplash

Yes.

Every U.S. state, including North Dakota, can generally lower its minimum wage, but stipulations apply.

The North Dakota News Cooperative is partnering with Gigafact to produce timely fact briefs, which are quick, evidence-based fact checks about trending claims relevant to North Dakota.

The U.S. government last raised the federal minimum wage to $7.25 in 2009. States may adopt a lower minimum wage on paper, or decline to set a separate state minimum wage at all, but in practice most workers must still be paid at least the federal minimum wage, barring limited exemptions. As of January 2026, several states have no separate minimum wage or list one below the federal level.

North Dakota’s minimum wage is set at $7.25 per hour under state law, matching the federal minimum. Because it is established in statute, any change would require action by the Legislature and governor. However, the state cannot require most covered workers to be paid less than the federal minimum.

This fact brief is responsive to conversations such as this one.

About fact briefs:
Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network. Each brief is limited to 150 words or fewer and is not intended to provide an in-depth analysis, but rather to deliver concise, definitive answers grounded in verified information.

Sources:
National Conference of State Legislatures: State Minimum Wages
Congressional Research Service: State Minimum Wages: An Overview
North Dakota Legislative Branch: North Dakota Century Code 34-06-03

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