{"id":375565,"date":"2017-09-21T14:53:15","date_gmt":"2017-09-21T19:53:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-overtime-laws.html"},"modified":"2022-12-27T15:33:33","modified_gmt":"2022-12-27T20:33:33","slug":"north-dakota-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-overtime-laws.html","title":{"rendered":"North Dakota Overtime Laws"},"content":{"rendered":"\n
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North Dakota Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a> and also follows the overtime laws of the federal Fair Labor Standards Act<\/a> (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.<\/p>\r\n

North Dakota Overtime Law Overview<\/h2>\r\n

The following chart lists key aspects of North Dakota’s overtime laws.<\/p>\r\n\r\n

State and Federal Statutes<\/b><\/p>\r\n<\/td>\r\n

Overtime Calculation Methods:<\/b><\/p>\r\n<\/td>\r\n

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  • Hourly<\/b>: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.<\/li>\r\n<\/ul>\r\n
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    • Hourly Plus Bonus and\/or Commission<\/b>: 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.<\/li>\r\n<\/ul>\r\n
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      • Salary:<\/b> Regular rate = Salary divided by the number of hours the salary is intended to compensate.
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        • 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.<\/li>\r\n
        • If the regular hours = 40: Pay time and a half for hours over 40.<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Exempt from FLSA<\/b><\/p>\r\n<\/td>\r\n