Are employers allowed to pay employees differently based on gender or race?

In North Dakota, employers are not allowed to pay employees differently based on gender or race. Wage and Hour Law in North Dakota prohibits employers from discriminating against employees on the basis of gender or race. According to the North Dakota Department of Labor and Human Rights, employers cannot pay employees less or more than their peers based on gender or racial grounds. This is in accordance with the North Dakota Century Code that states “[i]t is an unfair or discriminatory practice for an employer to knowingly pay wages to an employee at a rate lower than the rate paid to other employees of different race or gender for the same services.” Employers must also make sure that the wages they provide to employees are fair and equal. This means that employers must ensure that they are not providing unequal pay to employees on the basis of gender or race for doing similar duties and responsibilities. North Dakota law also prohibits employers from withholding any earned wages or bonuses from employees on the basis of gender or race. The North Dakota Department of Labor and Human Rights enforces these laws and can investigate allegations of discriminatory wages based on race or gender. It is important for employers to be mindful and compliant with wage and hour laws to avoid breaking the law and facing potential legal action.

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