North Dakota Employment Law for Martial Arts Schools: Non-Competes, Pay and Hiring Rules
Researched October 21, 2026. General information, not legal advice. Part of the Martial Arts Employment Law Center. Points we could not confirm from a primary source are marked. Confirm with an employment lawyer admitted in North Dakota before you sign, change or enforce a staff agreement.
In North Dakota, employee non-competes are void by statute, with narrow exceptions such as the sale of a business.
Research confidence: medium.
Can a martial arts school in North Dakota make instructors sign a non-compete?
North Dakota voids contracts that restrain anyone from a lawful profession, trade or business (N.D. Cent. Code 9-08-06). The only exceptions are for the sale of a business’s goodwill and partners dissolving a partnership. No income threshold applies, so a noncompete with an ordinary instructor or front-desk employee is unenforceable.
Can you stop a departing instructor from soliciting your students?
North Dakota courts have treated customer non-solicitation clauses as restraints on trade that are void under 9-08-06, outside the sale-of-business exception. Assume you cannot stop a departing instructor from soliciting your students. Confidentiality and trade-secret protection still apply.
Can you stop a departing instructor from recruiting your staff?
Not confirmed — check with local counsel. No North Dakota statute addresses employee no-poach clauses, and they may be challenged under the same broad 9-08-06 ban.
What is the minimum wage for instructors in North Dakota?
$7.25 per hour (the federal rate). North Dakota has no higher state rate and no scheduled 2027 increase, and there are no city minimums.
When do instructors earn overtime?
Time-and-a-half after 40 hours in a workweek, with no daily overtime. Exempt-salary rules follow the federal threshold ($684/week), and there is no higher state threshold.
When is the final paycheck due?
Under N.D. Cent. Code 34-14-03, final wages are generally due by the next regular payday, whether the employee is fired or quits. Earned commissions are wages and must be paid under the agreement’s terms. Not confirmed — check with local counsel on any shorter deadline.
What background checks can you run on instructors who teach children?
North Dakota’s ban-the-box rule covers public employers only, so private schools may ask about criminal history on the application. Federal FCRA rules apply when you use a screening company. No state law requires fingerprint checks for private youth-sports or martial arts staff. Check the public sex-offender registry and use a reputable background vendor. There is no state salary-history ban.
Are martial arts instructors mandated reporters of child abuse?
The mandated-reporter list (N.D. Cent. Code 50-25.1-03) covers teachers, child care workers, medical and mental-health professionals, clergy and police. It does not name coaches or martial arts instructors. Anyone may report, and an instructor working in a licensed child-care setting would be covered. Report to the ND Department of Health and Human Services (Child Protection Services) or law enforcement.
What can a dress code or grooming policy require?
The ND Human Rights Act bars discrimination based on race, color, religion, sex, national origin, age, disability and marital status. There is no state CROWN Act, and the state act does not expressly cover gender identity. Federal Title VII (15+ employees) covers sexual orientation, gender identity and religious dress. Accommodate religious head coverings and grooming where safe.
How far can a morals or conduct clause reach into off-duty life?
The ND Human Rights Act protects participation in lawful activity off premises during nonworking hours if it does not directly conflict with the employer’s essential business interests. That limits broad morals clauses. Recreational cannabis is not legal, though medical marijuana is, and employers may enforce drug-free policies.
Do you have to disclose pay or allow staff to discuss it?
No state pay-range posting law and no salary-history ban. Federal NLRA protects most non-supervisory employees who discuss pay.
What privacy rules apply to student and parent records?
No comprehensive consumer privacy law. A small school’s student and parent data is governed mainly by general data-breach notification law (N.D. Cent. Code 51-30) and federal COPPA for online collection from children under 13.
Other North Dakota rules that catch school owners
No state paid sick leave mandate, no meal/rest break mandate for adults, and no predictive scheduling. Teen assistant instructors are subject to federal child labor hour limits for 14-15 year olds, plus state rules. Not confirmed — check ND Labor whether you need an age or employment certificate for workers under 16.
What to watch in North Dakota
No major pending employment changes confirmed for 2026. Monitor any legislative proposals on minimum wage and the federal FTC’s case-by-case noncompete enforcement.
The bottom line for North Dakota schools
Leave non-competes out entirely. In North Dakota a school’s protection rests on a confidentiality agreement, real control of the student database, and a clear rule against diverting students or payments while the instructor is still employed. North Dakota courts have also voided customer non-solicitation clauses, so do not build your protection on one.
Sources
- Child Welfare Information Gateway – Mandatory Reporting of Child Abuse and Neglect: North Dakota
- CHILD USA – North Dakota Mandatory Reporting Laws
- WorldatWork – Noncompete Agreements: The Current State at the State Level
Also for North Dakota: Martial arts laws in North Dakota · North Dakota membership contracts
What every martial arts school staff package should contain
- Offer or employment agreement: the legal employer, the role and duties, workplace, pay, employment status and termination terms, reviewed against local rules. U.S. at-will language does not belong in a Canadian contract.
- Compensation schedule: hourly or salary terms, commissions and bonuses, and exactly when each is earned and paid. Record all working time, not only time on the mat. See instructor pay structures and overtime.
- Appearance and conduct policies: functional uniform, hygiene and safety standards with a written accommodation process. See the dress code and grooming guide.
- Child-protection policy: boundaries, private communications, transport, supervision and reporting. See the conduct clause guide and background checks for instructors.
- Confidentiality and data-security agreement: student records, CRM access, permitted use, return and deletion, and protected-disclosure exceptions (in the U.S., the federal DTSA whistleblower-immunity notice). See student data and trade secrets.
- Restrictive-covenant addendum: only what local law permits, usually a narrow student or staff non-solicitation clause; a non-compete only in exceptional cases. See non-compete laws by state and non-solicitation agreements.
Planning for a departure? Read When an instructor leaves: protecting students and records. Every state and province is indexed in the Martial Arts Employment Law Center.
Before you act on this
This article provides general information and is not legal advice. Employment, wage, human-rights, privacy and restrictive-covenant laws change, and their application depends on the exact wording of an agreement, the employee’s duties and pay, where the work is done and when the agreement was signed. Confirm the current statute, regulations and agency guidance, and take advice from a lawyer admitted in the relevant state or province, before drafting, changing or enforcing an employment agreement. Corrections: see our editorial policy.
