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North Dakota Wage & Overtime Engine (2026)

North Dakota Overtime Calculator

Calculations for North Dakota apply the federal Fair Labor Standards Act (FLSA) standard: non-exempt employees receive 1.5× their regular rate of pay for all hours worked exceeding 40 in a designated 7-day workweek.

Federal FLSA Baseline Standard (40h Weekly)

North Dakota Jurisdictional Coverage & Honesty Notice

This calculator currently uses the federal FLSA baseline for this jurisdiction. State-specific overtime requirements are not yet fully implemented.

Official Labor Authority: North Dakota Department of Labor and Human Rights

Calculate Overtime for North Dakota

Preselected jurisdiction: North Dakota (ND). Enter your pay rate, classification, and shifts below.

Read North Dakota Overtime Laws

1. Select Work Jurisdiction

Delineating dedicated state statutory engines (CA, CO, NY) from federal FLSA baseline coverage.

Active: North Dakota (ND)

North Dakota: FLSA Fallback (40h/wk)

This calculation uses the federal FLSA baseline (1.5x after 40h/week). State-specific overtime requirements are not yet fully implemented for this jurisdiction.

Coverage Notice: This calculation uses the federal FLSA baseline. State-specific overtime requirements are not yet fully implemented for North Dakota.

2. Select Occupation & Industry

Specialized wage orders or alternative work schedules (e.g., Healthcare 8/80, Hospitality spread-of-hours) apply to specific roles.

General

General Non-Exempt Employee

Hourly or non-exempt salaried employees entitled to statutory overtime under federal and state rules.

How Overtime Works in North Dakota

Statutory thresholds, daily and weekly hours breakdown, and compensation rates.

Daily Overtime Rule

Daily overtime is not mandated under federal FLSA; hours are evaluated on a 40-hour workweek basis. State-specific requirements are not yet implemented in this calculator.

Weekly Overtime (40h)

1.5× regular rate of pay for all hours worked over 40 in a designated 7-day workweek under 29 U.S.C. § 207.

Exempt Salary Threshold

$684.00/week ($35,568/year)

Federal FLSA post-vacatur enforcement baseline under 29 C.F.R. § 541.600 ($684.00/wk; $35568.00/yr following the Nov 15, 2024 vacatur in State of Texas v. DOL). This represents the enforcement baseline for standard EAP exemptions, not a universal threshold for all job categories.

Deterministic Example

North Dakota 45-Hour Workweek (Federal FLSA Baseline)

Estimated Gross Pay$1187.50
Hourly Base$25.00/hr
Hours Logged45 hrs
Overtime Hours5 hrs (1.5×)
Effective Hourly Rate$26.39/hr

Step-by-Step Calculation Breakdown

  • Weekly Regular Hours: 40.0 regular hours at $25.00/hr = $1000.00
  • Weekly Overtime (1.5×): 5.0 overtime hours at $37.50/hr = $187.50
  • Calculation Baseline: Evaluated under the federal FLSA 40-hour standard for North Dakota.
  • Total Gross Wages: $1000.00 regular + $187.50 overtime = $1187.50
  • Effective Hourly Rate: $1187.50 ÷ 45 hours = $26.39/hour

Statutory Basis & Legal Authorities

Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207; 29 C.F.R. Part 778

Primary Governing Code: Fair Labor Standards Act (FLSA), 29 U.S.C. § 207

Important Scope Limitations

Important Notice: This calculator currently uses the federal FLSA baseline for this jurisdiction. State-specific overtime requirements are not yet fully implemented. Local wage ordinances, municipal standards, and industry-specific regulations in North Dakota are not evaluated. Consult North Dakota Department of Labor and Human Rights or a licensed employment attorney for guidance on official determinations.

Calculations provided by this website are for educational and estimation purposes only and do not constitute legal or payroll advice.

Frequently Asked Questions: North Dakota Overtime

Direct legal and practical answers regarding overtime rules in North Dakota.

How does overtime calculation work for North Dakota?

This calculator evaluates overtime for North Dakota using the federal Fair Labor Standards Act (FLSA) standard of 1.5× the regular rate for hours worked over 40 in a designated workweek. State-specific overtime requirements are not yet fully implemented.

When does overtime start in North Dakota?

Under the federal FLSA baseline applied for North Dakota, overtime pay begins once a covered non-exempt employee works more than 40 hours in a defined 7-consecutive-day workweek.

What is the overtime rate in North Dakota?

Under federal law, the overtime rate is at least time and one-half (1.5×) the employee regular rate of pay. The regular rate includes base hourly pay plus non-discretionary bonuses, shift differentials, and commissions divided by total hours worked.

What is the salary threshold for overtime exemption in North Dakota?

Under federal FLSA rules following the State of Texas v. DOL vacatur, the federal enforcement baseline is $684.00 per week ($35,568 annually). Employees earning below this threshold or failing the executive, administrative, or professional duties tests remain entitled to overtime pay. State laws may prescribe higher thresholds.

Related Overtime Resources & Jurisdictions

Explore educational guides and compare labor standards across neighboring states.

North Dakota Overtime Laws Guide