North Dakota Overtime Laws

If you are a resident of North Dakota and find yourself working extra hours in the wheat farming industry or the oil business, you may be able to collect overtime wages from your employer. North Dakota has its own overtime provision and also follows the overtime laws of the federal Fair Labor Standards Act (FLSA), which both requires employers to pay employees 1.5 their regular rate of pay for all hours worked over 40 in a workweek. However, North Dakota does not require employers to pay employees overtime for hours worked over eight hours per day or on weekends or holidays.

North Dakota Overtime Law Overview

The following chart lists key aspects of North Dakota's overtime laws.

State and Federal Statutes

North Dakota Administrative Code Â§ 46-02-07-02
Fair Labor Standards Act (FLSA) overtime provision

Overtime Calculation Methods:

Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.

Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.

Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
- If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
- If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

The following classes of employees are not entitled to overtime pay in North Dakota (partial list):
- Administrative employees
- Professional employees
- Executive employees
- Salaried employees
- Outside salespeople
- Some computer employees\

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Determining if North Dakota Law or the FLSA Applies

In cases where North Dakota overtime law and federal overtime law under the FLSA conflict, the law most beneficial to the employee usually prevails. However, to make closer determinations, one must look to the salary level and duties performed in order to determine if North Dakota law or the FLSA applies.

North Dakota Overtime Exemptions

Several kinds of workers are exempted from North Dakota overtime laws, including:

Administrative employees
Professional employees
Executive employees
Salaried employees
Outside salespeople
Some computer employees
Editors, columnists, critics, publishers
Cartoonists, graphic artists
Musicians, composers, conductors, soloists
Novelists, writers, and actors
Teachers, instructors, tutors, or lecturers engaged in teaching in a school or educational system
Nonprofit camp employees
Individuals working as guides, cooks, or camp-tenders for a hunting or fishing guide service
Golf course caddies
Student trainees

Research the Law

Official State Codes
North Dakota State Laws
North Dakota Employment Laws
State Minimum Wage & Overtime Laws

Get an Attorney's Help with a Possible Overtime Wages Case

If you have any questions on any of the above aspects of North Dakota overtime law, or feel you are entitled to overtime pay from your employer, you may reach out to a local North Dakota lawyer to determine if you can sue for overtime wages or other recovery.