Hiring employees in North Dakota: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in North Dakota has to open a Workforce Safety and Insurance (WSI) account before anyone starts work, register with Job Service North Dakota within 20 days after first employing workers, open a withholding account with the Tax Commissioner, collect the federal W-4 and Form I-9, post the WSI Certificate of Payment, and report the hire to the State Directory of New Hires within 20 days. North Dakota has no state W-4, no pay transparency, salary history or private-employer ban-the-box law, and no E-Verify mandate. It is a one-party consent state, and it voids most employee non-competes.

This page is the North Dakota hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The North Dakota hiring checklist at a glance

What must be in place before the first North Dakota hire?

Workers' compensation comes first, because North Dakota has no private market. WSI says it "is the sole provider and administrator of workers' compensation in North Dakota" and that the law "requires all employers to insure all employees including full-time, part-time, seasonal, and occasional workers before employees begin working." An uninsured employer owes premium for the gap, can be sued by an injured worker, and can face a cease and desist order with penalties under N.D.C.C. 65-04-27.2.

Next, unemployment insurance. Job Service North Dakota's employer's guide says an employer must register "within 20 days after first employing workers," and that coverage applies to "any employer with one or more workers during 20 different weeks in a calendar year or who has paid $1,500 or more in wages in a calendar quarter." Then a withholding account, which the Office of State Tax Commissioner says employers open online through ND TAP. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a North Dakota license?

Only if it charges job seekers. The Department of Labor and Human Rights says no one may run "a permanent-placing employment agency that charges fees of any kind to applicants/employees" without its license, and that exclusively employer-paid agencies and temporary-only agencies "are not subject to licensure." Under Chapter 34-13 the license is tied to a physical presence in the state, costs $200 a year and needs a $5,000 bond. PEOs need a Secretary of State license under Chapter 43-55. See North Dakota staffing agency rules.

What must a North Dakota job posting include, and can you ask about pay history?

We found no North Dakota statute that requires pay ranges in job postings or bars salary history questions, and North Dakota does not appear in our trackers of pay transparency laws by state or salary history ban states. The pay law that does apply is the equal pay chapter, N.D.C.C. 34-06.1-03, which bars paying one gender less than another for comparable work, with exceptions for seniority, merit, production and other bona fide factors. A remote role open to candidates in Colorado, Minnesota or Washington can still pick up those states' posting rules.

When can you ask about criminal history or run a credit check?

For private employers, North Dakota law sets no timing rule. Its ban-the-box statute, N.D.C.C. 12.1-33-02.2, says "a public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview." Public employer means the state, counties, cities, their agencies and park districts, not school districts. Private employers that screen still follow the EEOC's individualized-assessment guidance and the FCRA background check process.

We found no North Dakota statute limiting employment credit checks, so only the federal FCRA steps apply; our credit check laws guide lists the states that restrict them.

Can you record or transcribe a job interview in North Dakota?

Yes, as a participant. N.D.C.C. 12.1-15-02 makes intentionally intercepting a wire or oral communication a class C felony, and then makes it a defense that "the actor was a party to the communication or one of the parties to the communication had given prior consent," provided the communication was not intercepted "for the purpose of committing a crime or other unlawful harm." An interviewer recording their own interview fits it; Montana candidates are the usual cross-border risk. See North Dakota recording consent law for interviews and recording calls across state lines.

Does North Dakota regulate AI in hiring?

Not specifically. As of October 2026 we found no North Dakota statute on AI screening or automated hiring decisions. The 2025 session's AI measure, House Bill 1167, signed April 11, 2025, created a disclosure requirement for AI in political content, not employment. An AI tool used in hiring is still subject to North Dakota's human rights law, N.D.C.C. chapter 14-02.4, and federal anti-discrimination law, like any other selection method. Our tracker of AI hiring laws by state covers the states that have acted.

Can you drug test applicants in North Dakota?

Yes, and North Dakota sets few conditions. The main one is cost: N.D.C.C. 34-01-15 says that when an employer requires an employee or prospective employee to take a medical examination as a condition of employment, "the employer shall bear the cost," and that a medical examination "includes any test for the presence of drugs or alcohol." Violating it is an infraction. The medical marijuana law, N.D.C.C. 19-24.1-34(2), does not stop an employer from disciplining an employee for "working with marijuana in the employee's system." DOT jobs follow federal rules. See our drug testing laws guide.

Does North Dakota require E-Verify?

No. As of October 2026 the Century Code has no E-Verify requirement for private employers, public employers or public contractors. The most recent attempt, House Bill 1527 of 2023, would have covered every employer and failed in the House, 5 yeas to 88 nays. Federal contractors with the FAR E-Verify clause still enroll. See E-Verify requirements in North Dakota.

Which state withholding form does a new hire complete?

None of North Dakota's own. The Office of State Tax Commissioner says "North Dakota relies on the federal Form W-4" to calculate the amount to withhold, so the federal form does double duty. The exception is reciprocity: residents of Minnesota and Montana working in North Dakota can be exempt from North Dakota withholding by giving the employer Form NDW-R by February 28, or within 30 days after starting work, renewed each year.

Which notices must a new North Dakota employee get at hire?

• WSI Certificate of Payment. WSI says "North Dakota law requires the Certificate of Payment be posted at your place of business."
• Unemployment poster. Job Service North Dakota's unemployment compensation poster must be posted in a conspicuous place.
• Paid time off limits, if you use them. The Department of Labor and Human Rights says a private employer may withhold accrued paid time off from an employee who quits in their first year with less than five days' notice only if it gave written notice of the limitation at the time of hiring. Employers using the tip credit must also tell the employee in advance.
• Background check consent. If an outside agency runs a check, the FCRA's stand-alone disclosure and written authorization.

How do you report a new hire in North Dakota?

To the State Directory of New Hires, run by the Department of Health and Human Services' Child Support program. N.D.C.C. 34-15-03 requires the employee's name, address and Social Security number, the date of hire, whether the employer offers health insurance, and the employer's name, address and federal identification number, and says the report "must be made no later than twenty days after the date the employer hires the employee," counting from the first day of paid work. A rehire after 60 days away counts, and employers with more than 24 employees must report electronically. The department's factsheet lists penalties of $20 per failure after a warning, or $250 where employer and employee agree not to report.

The North Dakota hiring steps in order

1. Before the first hire: open the WSI account, register with Job Service within 20 days, and open a withholding account in ND TAP.
2. Posting: no North Dakota pay range rule; check other states' rules for remote roles.
3. Screening: private employers may ask about criminal history; public employers wait until the interview stage. Follow EEOC guidance and the FCRA.
4. Interview: a participant may record; ask first when the candidate is in Montana or another all-party state.
5. Offer: pay for any drug test you require, and do not rely on an employee non-compete, which N.D.C.C. 9-08-06 generally voids (see North Dakota non-compete law).
6. First day: Form I-9, the federal W-4 (and Form NDW-R where it applies), any written paid time off limits, and the WSI and unemployment postings.
7. Within 20 days of the date of hire: report to the State Directory of New Hires.

Hiring in more than one state? The same checklist is available for Nebraska, Nevada, New Hampshire, New Mexico, Oklahoma, Oregon, Rhode Island, Minnesota, Colorado and Washington.