What a week pays in North Dakota
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under North Dakota rules that is 40 regular hours and 4 hours of overtime, for $920.00.
That matches federal rules alone, because North Dakota’s rule does not pay more than the federal 40-hour week for this schedule. Change the hours in the calculator above to test your own week.
Who the rule covers
50 hours for drivers employed by taxicab companies. Hospitals and residential care establishments may use a 14-day period with overtime after 8 hours a day or 80 hours per period, by agreement.
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
For the federal overtime deduction, only the premium on hours over 40 in a week counts, the same in North Dakota as everywhere else. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in North Dakota?
North Dakota requires 1.5 times the regular rate for hours over 40 in a workweek, which matches the FLSA weekly rule. Paid holidays and leave do not count toward the 40 hours.
Does North Dakota have daily overtime?
No. North Dakota has no daily overtime rule for most employees, so overtime is owed for hours over 40 in a workweek under federal law.
Is double time required in North Dakota?
No. North Dakota law does not require double time. It is paid only when an employer policy or a union contract provides for it.
Can a North Dakota employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.