North Dakota Overtime Calculator 2026

Frequently Asked Questions

• Does North Dakota have daily overtime requirements?

  No. North Dakota follows the federal FLSA standard: overtime applies only after 40 hours in a single workweek. There is no daily overtime threshold (unlike California's 8-hour rule), no double-time, and no 7th-consecutive-day rule (N.D. Admin. Code § 46-02-07-02(4)).

• What is the overtime rate in North Dakota in 2026?

  1.5 times (time-and-a-half) the employee's regular rate of pay for every hour worked beyond 40 in a single workweek, per N.D. Admin. Code § 46-02-07-02(4) and the federal FLSA (29 U.S.C. § 207).

• Do paid holidays count toward the 40-hour overtime threshold in North Dakota?

  No. In North Dakota, paid holidays, sick leave, and vacation time do not count as 'hours worked' for purposes of the 40-hour weekly overtime threshold. Only actual hours worked count.

• Who is exempt from overtime in North Dakota?

  Federal FLSA exemptions apply: salaried executive, administrative, and professional employees meeting the current salary-level test; outside salespeople; certain agricultural workers; some commission-based retail employees. North Dakota does not add state-specific overtime exemptions.

• Can my employer average hours across two workweeks to avoid paying overtime?

  No. Overtime must be calculated on a per-workweek basis. Employers cannot average hours over two or more weeks to reduce overtime liability, even for bi-weekly pay periods.

• What is the minimum wage base for overtime calculations in North Dakota in 2026?

  The regular minimum wage is $7.25/hr. The tipped employee direct wage is $4.86/hr (combined with tips must reach $7.25/hr). The regular rate used for overtime calculations must include all compensation (hourly pay, non-discretionary bonuses, commissions) divided by total hours worked.

• How is the regular rate of pay calculated for overtime in North Dakota?

  The regular rate is total weekly compensation (wages, non-discretionary bonuses, shift differentials) divided by total hours worked that week. Overtime pay is then 0.5× the regular rate (in addition to straight-time already paid) for each overtime hour, or 1.5× the regular rate if no straight-time has been paid for those hours.

• How far back can I claim unpaid overtime in North Dakota?

  Under the FLSA, 2 years for unintentional violations and 3 years for willful violations. North Dakota state wage claims may allow up to 6 years under contract law. File with the ND Department of Labor or the federal Wage and Hour Division (dol.gov/whd) as soon as possible.