Under North Dakota overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in North Dakota — only the weekly total counts. The minimum wage is $7.25. This guide gives the exact north dakota overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it.
North Dakota Overtime Laws at a Glance
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in North Dakota — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This North Dakota Overtime Laws Guide:
North Dakota Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in North Dakota — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under North Dakota Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
North Dakota Overtime Laws at a Glance
Rules verified against North Dakota Department of Labor and Human Rights on 2026-10-08; confirm the current rule with North Dakota Department of Labor and Human Rights or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in North Dakota — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From North Dakota Overtime Laws
North Dakota generally follows the federal overtime exemptions. These cover salaried executives who manage a business or department, administrative staff who use independent judgment on business operations, learned or creative professionals, outside salespeople who work mainly away from the employer’s place of business, and agricultural workers. Executive, administrative and professional employees usually must pass both a duties test and a minimum salary test.
Job title alone does not decide it, so confirm with the state agency.
Daily Overtime and North Dakota Overtime Laws
North Dakota has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in North Dakota generally may not give compensatory time off in place of overtime pay. Overtime hours must be paid at the overtime rate in the same pay period.
Is Overtime Taxed Differently Under North Dakota Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. North Dakota lets employers count part of a tipped worker’s tips toward the minimum wage.
For overtime hours, the employer generally must work out the overtime rate from the full minimum wage, so the tip credit cannot grow during overtime hours. Tips stay the worker’s own and do not count toward the employer’s overtime premium.
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How to Claim Unpaid Overtime Under North Dakota Overtime Laws
A North Dakota worker can file a Claim for Wages (form SFN 17081) with the North Dakota Department of Labor and Human Rights, or take an overtime complaint to the U.S. Department of Labor’s Wage and Hour Division.
The department generally asks that you first send your employer a written demand for the unpaid wages and try to settle it informally, and it may refuse a claim that leaves out requested information. A strict filing deadline applies to wage claims, so confirm the current deadline with the department before you file.
Other North Dakota Overtime Laws Rules to Know
North Dakota sets overtime by the workweek, not by the day, so long single days do not earn overtime unless total weekly hours pass the weekly threshold. The state’s minimum wage and work conditions rules (N.D. Admin. Code ch. 46-02-07) set the overtime standard, and the department can hold hearings or go to court for a worker whose claim it accepts.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
North Dakota — the bottom line
- North dakota overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under north dakota overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- North dakota overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under North Dakota overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in North Dakota — only the weekly total counts.
What is the overtime rate in North Dakota?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does North Dakota have daily overtime?
No daily overtime in north dakota — only the weekly total counts.
Can my employer give comp time instead of overtime pay in North Dakota?
Private employers in North Dakota generally may not give compensatory time off in place of overtime pay. Overtime hours must be paid at the overtime rate in the same pay period.
How do I claim unpaid overtime in North Dakota?
A North Dakota worker can file a Claim for Wages (form SFN 17081) with the North Dakota Department of Labor and Human Rights, or take an overtime complaint to the U.S. Department of Labor’s Wage and Hour Division.
Official North Dakota Sources & Resources
- North Dakota Department of Labor and Human Rights: https://www.nd.gov/labor/wage-hour
- North Dakota statute: https://www.ndlegis.gov/information/acdata/pdf/46-02-07.pdf
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This north dakota overtime laws guide was last verified against official North Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More North Dakota Workplace Rights Guides
- North Dakota Break Laws: Meal and Rest Breaks
- North Dakota Final Paycheck Law: Deadlines and Penalties
- North Dakota Labor Laws: Every Rule in One Place
- North Dakota Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.