Compliance Watch:
What are my overtime rights in North Dakota?

June 12th 2024

Understanding your rights as an employee is crucial to ensuring fair treatment and appropriate compensation for the work you perform. In North Dakota, overtime laws are designed to protect workers by regulating the payment of wages for hours worked beyond the standard workweek.

This article will provide a comprehensive overview of overtime laws in North Dakota, including eligibility criteria, calculation methods, and steps to take if you believe your rights have been violated.

This Article Covers

Understanding Overtime in North Dakota
Common Questions About Overtime in North Dakota
Legal Working Hours in North Dakota
Overtime Eligibility in North Dakota
    Overtime Payment Calculations in North Dakota
      Receiving Overtime Payment in North Dakota
      Violations of Overtime Law in North Dakota

      Understanding Overtime in North Dakota

      Is overtime pay mandatory in North Dakota?

      Yes, overtime pay is mandatory in North Dakota for non-exempt employees under both state and federal law. These employees do not meet the criteria for exemption under the FLSA. Non-exempt employees must be compensated at one and a half (1.5) times their regular rate of pay for any hours worked over 40 in a workweek.

      When do I qualify for overtime pay in North Dakota?

      In North Dakota, you qualify for overtime pay if you are a non-exempt employee and work more than 40 hours in a single workweek. A workweek in North Dakota is defined as a fixed and recurring period of 168 hours, or seven consecutive 24-hour periods. If you work 45 hours in a single workweek, you are eligible for 5 hours of overtime pay.

      How much is overtime pay in North Dakota?

      In North Dakota, eligible employees are paid at a rate of one and a half times their regular hourly wage for all hours worked over 40 in a workweek. Paid holidays, paid time off, or sick leave are not counted in computing overtime hours.

      If an employee’s regular hourly rate is $7.25, their overtime rate would be $10.88 per hour. If the employee works an additional 10 hours over the 40-hour threshold, their overtime pay would be $108.8.

      Which laws govern overtime in North Dakota?

      Overtime laws in North Dakota are governed primarily by the Fair Labor Standards Act (FLSA), supplemented by state-specific regulations found in the North Dakota Administrative Code.

      • Fair Labor Standards Act (FLSA): The FLSA is the primary federal law governing overtime pay. It mandates that non-exempt employees must be paid overtime at a rate of one and a half times their regular pay for all hours worked over 40 in a workweek. The FLSA also sets minimum wage, recordkeeping, and child labor standards. Non-exempt employees are hourly workers and some salaried employees who do not meet specific exemption criteria.
      • North Dakota Administrative Code, Section 46-02-07: This section details the state’s regulations on minimum wage and overtime. It reinforces the requirement that non-exempt employees be paid overtime for hours worked over 40 in a workweek., consistent with the FLSA. The code also outlines additional standards to wage requirements, exemptions, and guidelines for the calculation of wages and overtime pay in North Dakota.

      Common Questions About Overtime in North Dakota

      Do employers have to pay overtime in North Dakota?

      Yes, employers in North Dakota are required to pay overtime to non-exempt employees at a rate of one and a half times their regular hourly rate for hours worked over 40 in a workweek. This requirement is enforced through both federal and state laws to ensure that employee receive fair compensation for their work.

      Can an employee refuse to work overtime in North Dakota?

      Employees have the right to refuse overtime in North Dakota. However, there may be circumstances, such as contractual obligations, collective bargaining agreements, or emergency situations, where refusal may not be an option.

      In addition, employees should also consider the potential consequences of refusing to work overtime. While employees have the right to refuse overtime, this could potentially result in disciplinary action, including termination, especially if refusal to work overtime violates the company policies or employment agreements.

      Can I take comp time instead of overtime pay in North Dakota?

      Private sector employers in North Dakota cannot offer compensatory (comp) time in lieu of overtime pay to non-exempt employees. However, compensatory time may be offered to public sector employees, such as those working for government agencies.

      Can I get overtime pay in North Dakota without employer approval?

      Overtime work requires prior approval from the employer before the employee works the overtime hours. However, there are situations where employees may still be entitled to overtime pay for unauthorized overtime. In some cases, employees may receive disciplinary action against the employee for working unauthorized overtime.

      Does North Dakota have double-time pay?

      North Dakota does not have a state law mandating double-time pay. Double-time pay refers to compensation at twice the employee’s regular hourly rate for hours worked beyond a certain threshold or during designated times (holidays or consecutive days of work). In North Dakota, the state law only requires employers to pay 1.5 times the regular rate of pay for additional hours worked over 40 in a workweek.

      While North Dakota does not mandate double-time pay, some employers choose to offer it as part of their compensation policies or collective bargaining agreements.

      What is working ‘off-the-clock’ in North Dakota?

      Working ‘off-the-clock’ refers to performing work-related tasks without being officially on duty or without receiving pay for that time. In North Dakota, working ‘off-the-clock’ is prohibited by labor laws, which mandate that employees must be paid for all hours worked. ‘Off-the-clock’ work includes:

      • Responding to work emails or messages outside of the scheduled working hours without being compensated for that time.
      • Performing tasks like setting up a workspace before the shift starts without clocking in or cleaning up after the shift has ended without clocking out.
      • Participating in required meetings, training sessions, or briefings without compensation.
      • Traveling for work purposes when this time is not counted towards paid working hours.
      • Staying late to finish a project, file paperwork, or complete other job-related tasks without recording the time worked.

      What are common ways employers avoid paying overtime in North Dakota?

      Some employers might attempt to avoid paying overtime through various practices, many of which can be illegal or unethical. Common ways employers do to avoid paying overtime in North Dakota include:

      • Misclassifying employees as exempt from overtime pay by incorrectly labeling them as exempt salaried, managerial, or independent contractors when they should be classified as non-exempt employees.
      • Encouraging or requiring employees to work off-the-clock without recording these hours, such as asking them to prepare before the shift starts or finish tasks after clocking out.
      • Refusing to pay for overtime hours that were not pre-approved, even though employees are legally entitled to be paid for all hours worked.
      • Manipulating time records to reduce the number of hours worked, such as rounding down hours or altering time cards to avoid paying overtime.
      • Offering compensatory time off (comp time) instead of paying overtime, which is generally not allowed in the private sector under FLSA rules.

      Can you work seven days in a row in North Dakota?

      North Dakota has no specific state law prohibiting employees from working seven days in a row. Under the FLSA and North Dakota Administrative Code Chapter 4-07-07, the standard workweek is seven consecutive 24-hour periods.

      However, retail employers must provide employees with at least one day of rest every seven days and cannot require employees to work seven consecutive days without a break. This time off must be in addition to regular rest periods allowed during each day worked. Employers in retail must also accommodate the religious beliefs and practices of employees unless doing so would cause undue hardship on the employer’s business. These provisions specifically apply to employers in businesses that sell merchandise at retail. Other types of businesses are not covered by this specific regulation.

      How many ten-hour days can you work in a row in North Dakota?

      In North Dakota, no specific state laws limit the number of consecutive ten-hour workdays an employee can work. While the state has no specific regulations, employers should be mindful of their obligations under federal law, including ensuring that employees are properly compensated for overtime hours worked. Non-exempt employees must be paid overtime for all hours worked beyond 40 in a workweek, regardless of the number of consecutive ten-hour workdays.

      What are full-time hours in North Dakota?

      There is no specific state law in North Dakota defining full-time hours, it is the employer’s discretion to determine what constitutes full-time employment. However, it is a common practice to consider 30 to 40 hours per week as full-time. Employers are responsible for clearly defining full-time status in their policies and ensuring compliance with relevant federal regulations regarding employee compensation.

      How many hours straight can you legally work in North Dakota?

      North Dakota has no specific state laws limiting the number of hours an employee can work consecutively in a single shift. However, a normal work shift is generally considered to be no more than eight consecutive hours during the day, with at least an eight-hour rest period between shifts. According to the Occupational Safety and Health Administration (OSHA), while there is no federal limit on the number of consecutive hours an adult employee can work, working excessive hours without adequate rest can increase the risk of accidents and injuries.

      Learn more about North Dakota Break Law in our detailed guide.

      Is overtime after eight hours or 40 hours in North Dakota?

      In North Dakota, overtime is calculated based on hours worked over 40 in a workweek. This aligns with federal overtime regulations outlined in the FLSA and state law. According to the governing regulations of overtime in North Dakota, non-exempt employees who worked over 40 in a workweek must be compensated at 1.5 times their regular hourly rate.

      Does working on the weekend qualify for overtime pay in North Dakota?

      In North Dakota, working on the weekend alone does not automatically qualify an employee for overtime pay. Overtime pay is based on the total number of hours worked in a workweek, rather than the specific days of the week worked. According to federal regulations under the FLSA, overtime pay is required for non-exempt employees who work more than 440 hours in a workweek, regardless of whether those hours include weekend shifts.

      How many hours off between shifts is required in North Dakota?

      No specific state laws that mandate a minimum number of hours off between shifts for adult employees. However, certain industries or occupations may be subject to collective bargaining agreements, employment contracts, or industry-specific regulations that establish rest period requirements between shifts. Retail employees in North Dakota are entitled to at least one day of rest every seven days and cannot be required to work seven consecutive days without a break.

      What does ‘hours worked’ include in North Dakota?

      In North Dakota, ‘hours worked’ refers to all time that an employee is required or permitted to be on duty, on the employer’s premises, or at any other prescribed workplace. This includes:

      • Time spent performing tasks directly related to the job.
      • Time spent waiting for work assignments, equipment, or instructions while on duty.
      • If an employee is required to remain on-call on the employer’s premises or is subject to restrictions that significantly limit their personal activities.
      • Time spent at training sessions, meetings, or briefings required by the employer.
      • Time spent traveling for work-related purposes, such as attending off-site meetings, making deliveries, or commuting between job sites.

      What is the most hours a salaried employee can work in North Dakota? 

      There is no specific maximum number of hours that a salaried employee can work in North Dakota. The critical factor is whether the employee is classified as exempt or non-exempt under the FLSA. An exempt employee may work more hours a week without additional pay, while a non-exempt employee must be paid overtime for any hours worked over 40 in a workweek. Employers must ensure that non-exempt employees receive appropriate overtime pay and should be mindful of the implications of extended working hours.

      Learn more about Your Rights as a Salaried Employee in North Dakota.

      What is the maximum number of hours an hourly employee can work in North Dakota?

      North Dakota does not have a specific state law that sets the maximum number of hours an hourly employee can work in a day or week. Employers can schedule employees to work as many hours as needed, provided that they must adhere to FLSA regulations regarding overtime pay for hours worked over 40 in a workweek.

      Learn more about Your Rights as an Hourly Employee in North Dakota.

      Overtime Eligibility in North Dakota

      Who is eligible for overtime pay in North Dakota?

      In North Dakota, eligibility for overtime pay is primarily governed by the FLSA regulations, supplemented by specific state provisions. Non-exempt employees who work more than 40 hours in a single workweek are entitled to overtime pay.

      There are specific exemptions and variations to this rule. For instance, taxicab drivers are entitled to receive overtime compensation for any hours worked beyond 50 hours in a single workweek.

      Additionally, hospitals and residential care establishments can establish a 14-day overtime period through a mutual agreement with their employees. Under this arrangement, employees must be paid overtime at a rate of 1.5 times their regular rate if they work more than 8 hours in a day or more than 80 hours within the 14-day period.

      Furthermore, if an employee works multiple jobs for the same employer, all hours worked across these jobs must be combined to determine eligibility for overtime pay. This ensures that employees receive proper compensation for all hours worked beyond the standard thresholds, regardless of the different roles they may perform under the same employer.

      Who is exempt from overtime pay in North Dakota?

      To be exempt from overtime pay, employees must meet certain criteria related to their job duties and salary level. Common categories of exempt employees include:

      • Salary Basis: A salaried employee must earn at least $684 weekly or $35,568 annually. Besides meeting the salary threshold, salaried employees must also meet the specific job duties.
      • Executive exemption: Employees whose primary duties involve managing a department of the company, directing the work of at least two other full-time employees, and having the authority to hire, fire, or promote employees.
      • Administrative exemption: Employees whose primary duties involve office or non-manual work directly related to the management of general business operations of the employer or its customers, and whose work requires the exercise of discretion and independent judgment on significant matters.
      • Professional exemption: Employees whose primary duties involve work requiring advanced knowledge in a field of science or learning, customarily acquired through prolonged specialized study, and whose work requires the exercise of discretion and judgment.
      • Computer employee exemption: Employees whose primary duties involve the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, and who are paid at least a certain minimum salary threshold or on an hourly rate of at least $27.63.
      • Outside sales exemption: Employees whose primary duties involve making sales or obtaining orders or contracts for services or facilities, and who regularly work away from the employer’s place of business.

      Other exemptions include:

      • An employee engaged in agricultural tasks like cultivating, raising, processing, or delivering farm products for sale.
      • An employee who spends at least 51% of their time caring for clients in shelters, foster care, or similar facilities.
      • An employee who provides companionship to elderly or disabled individuals, with household tasks, like cleaning or cooking not exceeding 20% of their weekly hours.
      • A domestic worker who resides in the household where they are employed.
      • A commissioned salesperson in automotive, trailer, boat, aircraft, truck, or farm equipment dealerships, and is not required to be on-site for over 40 hours a week.
      • A mechanic paid by commission based on a fixed rate schedule.
      • An employee of covered motor carriers under the Motor Carriers Act.
      • An announcer, news editor, or chief engineer at a radio or television station.

      Can salaried employees get overtime pay in North Dakota?

      Yes, salaried employees can be eligible for overtime pay in North Dakota if they are classified as non-exempt under the FLSA and state regulations. Employers must accurately classify employees and adhere to both federal and state labor laws regarding overtime pay to ensure that eligible employees receive proper compensation for all hours worked.

      Learn more in detail about North Dakota Salaried Employees Laws and North Dakota Overtime Laws.

      Overtime Payment Calculations in North Dakota

      What is my regular rate of pay in North Dakota?

      In North Dakota, your regular rate of pay is your standard hourly rate. If you are paid on an hourly basis, your regular rate is simply your hourly wage. However, if you are paid on a salary basis, your regular rate of pay is calculated by dividing your salary for the workweek by the number of hours you worked during that week. For example, if you are paid a salary of $500 in a week and you work 40 hours, your regular pay rate would be $12.50 per hour ($500 / 40 hours = $12.50 per hour).

      How do you calculate overtime in North Dakota?

      Overtime pay is calculated based on the federal FLSA regulations, which mandate that non-exempt employees be paid at a rate of 1.5 times their regular pay rate for all hours worked beyond 40 in a workweek. Here’s how you calculate overtime pay in North Dakota:

      • Determine your regular rate of pay by dividing your total earnings for a workweek by the total number of hours you worked during that week.
      • Determine your overtime hours by subtracting total hours worked from 40. Any hours worked beyond 40 are considered overtime hours.
      • Calculate your overtime pay rate by multiplying your regular pay rate by 1.5 times. This is the rate at which you should be compensated for each overtime hour worked.
      • Calculate your overtime pay by multiplying your overtime hours by your overtime pay rate.

      For example, if your regular pay rate is $12.50 per hour and you work 48 hours in a workweek.

      Overtime rate = $12.50 x 1.5 = $18.75 per additional hour
      Overtime hours = 48 – 40 = 8 overtime hours
      Overtime pay = $18.75 x 8 = $150

      Your total earnings for the week would be $650, with $500 being your regular earnings and $150 being your overtime earnings.

      How is overtime taxed in North Dakota?

      In North Dakota, overtime pay is treated as supplemental wages for income tax withholding purposes. This means that it is subject to special tax treatment similar to other types of supplemental wages, such as bonuses and commissions. The method for withholding North Dakota income tax from supplemental wages, including overtime pay, depends on whether these wages are separately paid or separately identified from regular wages.

      Receiving Overtime Payment in North Dakota

      How is overtime paid in North Dakota?

      Overtime pay in North Dakota is typically paid through the same methods as regular wages, including direct deposit, checks, cash, and payroll cards. Regardless of the payment method, employers are required to accurately calculate and pay overtime wages under North Dakota labor laws.

      When do I receive my overtime paycheck in North Dakota?

      The timing of when you receive an overtime paycheck depends on your employer’s established pay schedule. In North Dakota, employers are required to pay at least once a month on a scheduled payday. Overtime pay should be included on the paycheck for the pay period in which the overtime hours were worked.

      Violations of Overtime Law in North Dakota

      What if my employer refuses to pay me overtime in North Dakota?

      If your employer refuses to pay you overtime in North Dakota, you can discuss the issue with your employer. If your employer continues to refuse payment, file a complaint with the North Dakota Department of Labor and Human Rights.

      What is the penalty for failing to pay overtime in North Dakota?

      In North Dakota, employers who fail to pay overtime face significant penalties, including criminal charges as a Class B misdemeanor, civil penalties, and the possibility of class action lawsuits. Class B misdemeanors carry a maximum penalty of 30 days imprisonment and a fine of up to $1,500.

      How can I file a wage claim for overtime in North Dakota?

      When filing a wage claim for overtime in North Dakota, employees must collect all relevant documentation to support their wage claim. Before filing a formal claim, employees can try to resolve the issue directly with their employer. If the issue is still unresolved, employees can file a wage claim with the North Dakota Department of Labor and Human Rights.

      The statute of limitations for filing unpaid overtime claims in North Dakota is two years. If an employer intentionally and knowingly violates the law by withholding payment for overtime hours worked, the statute of limitations is extended to three years.

      Can employers retaliate against employees for making a wage claim in North Dakota?

      According to North Dakota Century Code Chapter 34-01-20, employers cannot retaliate against employees for making a wage claim. Employees are protected under federal and state laws when they exercise their rights to seek compensation for unpaid wages, including overtime. Forms of retaliation include termination, demotion, reduction in hours, pay cuts, harassment, or any other adverse action.

      Learn more about North Dakota Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.