North Dakota overtime is generally time-and-a-half after 40 hours in a workweek, under N.D. Admin. Code §46-02-07-02. — Source
Minimum-wage data used for examples comes from the registry effective July 24, 2009.
North Dakota wage and hour
North Dakota Overtime Calculator
Enter daily hours and a straight-time hourly rate. The calculator applies the verified weekly threshold from the registry and adds only the extra overtime premium, so hours are not paid twice.
Who this rate applies to: No local living wage mandates above state/federal rate; NDCC §34-06-23 prohibits political subdivisions from enacting a living wage mandate greater than the applicable state minimum wage. Poster also confirms tipped minimum direct wage $4.86.
Source The headline rate may not apply to every worker. North Dakota has worker- or employer-class exceptions in the registry. Use the hourly-rate field for the rate that applies to the worker and verify coverage before relying on the estimate.
Worked example
Weekly overtime calculation
A North Dakota employee works 45 hours at $7.25/hr\nWeekly overtime hours = 45 − 40 = 5\nOvertime premium = 5 × regular rate × 0.50
What this does not determine
- Whether a worker is exempt from overtime under state or federal law.
- Whether an industry-specific threshold, agricultural rule, residential rule, collective-bargaining agreement, or public-contract rule changes the result.
- Whether tips, commissions, bonuses, shift differentials, or multiple hourly rates were included correctly in the regular rate.
- Whether local minimum-wage ordinances or special worker classes change the straight-time rate used in the calculator.
- Penalties, wage-claim deadlines, interest, attorneys' fees, or agency filing strategy.
Sources and verification
North Dakota overtime data is read from src/data/states.json. The verified weekly threshold is 40 hours, the multiplier is 1.5×, and the source is the cited registry source. Values marked unverified in the registry render no calculator.
Common questions
Where does North Dakota's overtime rule come from?
North Dakota's overtime rule is in N.D. Admin. Code § 46-02-07-02(4): time-and-a-half for hours over 40 in a workweek. The rule is codified in administrative code (regulations) rather than in the North Dakota Century Code itself. The North Dakota Department of Labor and Human Rights enforces it.
What is the North Dakota PTO-as-wages rule?
NDCC § 34-14-09.2 classifies accrued paid time off as earned wages upon separation. Employers cannot forfeit unused PTO when an employee leaves, except under a written 'use it or lose it' policy that was communicated in advance and gave the employee a reasonable opportunity to use the leave. This rule does not affect overtime calculations directly but affects final compensation when workers separate.
Does North Dakota have daily overtime?
No. N.D. Admin. Code § 46-02-07-02(4) requires overtime only after 40 hours in a workweek. There is no daily overtime trigger in North Dakota. A long shift earns straight time for all hours unless the weekly total exceeds 40.
How does North Dakota's overtime compare to Minnesota's?
Minnesota Stat. § 177.25 creates a 48-hour weekly overtime threshold for non-FLSA employers — meaning a small Minnesota employer not covered by FLSA owes state overtime only after 48 hours. North Dakota has no such alternative threshold. Both states use the federal 40-hour standard for FLSA-covered workers. Minnesota's minimum wage ($11.41/hr in 2026) is also substantially above North Dakota's federal-floor $7.25.