North Dakota § 34-06-05.1 One day of rest in seven - Penalty

North Dakota Statutes

§ 34-06-05.1 — One day of rest in seven - Penalty

North Dakota § 34-06-05.1

Title 34Labor and Employment

Ch. 34-06Minimum Wages and Hours

This text of North Dakota § 34-06-05.1 (One day of rest in seven - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 34-06-05.1 (2026).

Text

1.An employer may not require an employee to work seven consecutive days in a business that sells merchandise at retail. An employer may not deny an employee at least one period of twenty-four consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked. An employer shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. However, if an employee requests time off to attend one regular worship service a week, an employer may not require the employee to work during that period unless:

a.Honoring the employee's request would cause the employer s

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1. An employer may not require an employee to work seven consecutive days in a
business that sells merchandise at retail. An employer may not deny an employee at
least one period of twenty-four consecutive hours of time off for rest or worship in each
seven-day period. The time off must be in addition to the regular periods of rest
allowed during each day worked. An employer shall accommodate the religious beliefs
and practices of an employee unless the employer can demonstrate that to do so
would constitute an undue hardship on the conduct of the employer's business.
However, if an employee requests time off to attend one regular worship service a
week, an employer may not require the employee to work during that period unless:
a. Honoring the employee's request would cause the employer substantial
economic burdens or would require the imposition of significant burdens on other
employees required to work in place of the Sabbath observer; or
b. The employer has made a reasonable effort to accommodate the employee's
request.
2. A violation of this section is a class B misdemeanor. It is an affirmative defense to
prosecution under this section that the employee volunteered for work on the seventh
consecutive day and the employee executed a written statement so stating. The
statement must also contain a provision, signed by the employer or the employer's
agent, that the employer did not require such work.
3. This section applies only to an employer in a business that sells merchandise at retail.