North Dakota Overtime Calculator

Federal FLSA: 1.5× after 40 h/wk · enter your week below and see the exact split.

$890.00
gross pay for 43 h · 40 h straight, 3 h at 1.5×
Pay typeHoursRatePay
Straight time40.00$20.00/h$800.00
Overtime (1.5×)3.00$30.00/h$90.00

Weekly overtime past 40 h/week only — North Dakota has no general daily overtime rule. Weekly overtime applied to 3.00 additional hour(s).

North Dakota overtime rules at a glance

RuleNorth Dakota
Daily overtimeNo general daily threshold; weekly rules only
Weekly overtime1.5× after 40 hours
Double timeNot required by state law (employer policy may add it)
Authorityno state overtime provision — 29 U.S.C. § 207 (FLSA) applies

The rules in detail

North Dakota has no state overtime provision; the federal 40-hour workweek rule applies.

Enforcement: North Dakota Department of Labor and Human Rights.

Worked example

A Fargo warehouse worker at $18/hour with a 42-hour week earns 2 × $27 overtime.

What North Dakota employers sometimes get wrong

The state labor department handles wage claims but computes overtime using the FLSA framework.

Who is entitled to overtime

Overtime rules protect “non-exempt” employees. The main federal exemptions cover executives, administrators, professionals, outside salespeople and certain computer employees — provided their duties genuinely match the exemption and they clear the salary basis test. Job titles mean nothing: an “assistant manager” who mostly runs a register is still non-exempt in the eyes of the law.

In practice, most hourly workers in North Dakota are non-exempt and must receive overtime whenever the rules above trigger. Independent contractors are not covered — but misclassifying an employee as a contractor is one of the most common wage violations.

How to file an overtime claim in North Dakota

Check your pay stubs and hours against the calculator above first. If you believe you were shorted, you can file a wage claim with North Dakota Department of Labor and Human Rights or a complaint with the U.S. Department of Labor’s Wage and Hour Division (dol.gov/agencies/whd). The FLSA lets you recover unpaid overtime going back two years (three for willful violations), often doubled as liquidated damages.

General information, not legal advice. Verify current rules with the U.S. DOL State Overtime Requirements table and North Dakota Department of Labor and Human Rights.

Questions people ask

What are the overtime laws in North Dakota?

North Dakota has no state overtime provision; the federal 40-hour workweek rule applies. The practical rule: Federal FLSA: 1.5× after 40 h/wk. Source: no state overtime provision — 29 U.S.C. § 207 (FLSA) applies.

How is overtime calculated in North Dakota?

Multiply your regular hourly rate by 1.5 for every overtime hour. For example, at $20/hour a 45-hour week pays 40 × $20 + 5 × $30 = $950.

Do salaried employees get overtime?

Sometimes. A salary alone does not remove overtime rights — the employee must also perform exempt duties and (for the federal white-collar exemptions) clear the salary threshold. If the exemption tests fail, the employee is owed overtime regardless of pay format.

Does North Dakota require overtime on weekends or holidays?

Federal FLSA rules do not require premium pay for weekends or holidays unless total weekly hours exceed the overtime threshold. Some state or employer policies may be more generous.