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
Overtime Calculation Methods:
Exempt from FLSA
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.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
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