North Dakota Overtime Pay Calculator

North Dakota follows the federal Fair Labor Standards Act framework for overtime: 1.5 times the regular rate for hours worked over 40 in a workweek, with no daily overtime requirement. North Dakota's minimum wage remains tied to the federal $7.25 floor, one of the lowest in the country, and the state has not passed legislation to raise it independently. North Dakota Administrative Code largely incorporates FLSA definitions for exempt and non-exempt status rather than creating separate state tests.

The state's economy leans heavily on agriculture and energy (notably Bakken oil field operations), both of which carry significant overtime exemptions. Agricultural employees are broadly exempt from overtime under both federal and North Dakota law, and certain oilfield and trucking positions fall under the Motor Carrier Act exemption if their work affects interstate commerce vehicle safety.

North Dakota does have specific wage payment timing rules requiring final wages, including unpaid overtime, to be paid by the next regular payday after separation, and violations can trigger penalty wages under state law separate from the underlying overtime claim itself.

North Dakota's Department of Labor and Human Rights investigates wage complaints, including unpaid overtime, and can pursue collection on a worker's behalf. Claims should generally be filed within two years of the violation, extending to three years if the underpayment was willful, mirroring the federal statute of limitations. Workers can also file directly with the U.S. Department of Labor's Wage and Hour Division for FLSA-covered claims.

A frequent issue in North Dakota's oil and gas sector is misclassifying rig workers, well-site supervisors, and support staff as exempt executives or as independent contractors despite hourly, closely supervised work — a pattern that has drawn federal enforcement attention in the Bakken region specifically. Workers paid a 'day rate' regardless of hours worked are a particular red flag, since day-rate pay does not automatically exempt someone from overtime; the regular rate must still be calculated and overtime paid on top if the worker doesn't meet a genuine exemption.

Because North Dakota's minimum wage stays at the federal floor, low-wage workers in retail and hospitality often see very small overtime premiums in dollar terms, making accurate hour tracking especially important since even small per-hour errors compound over a full pay period.

North Dakota's overtime rules are essentially a direct pass-through of federal law, without state enhancements like a higher minimum wage, daily overtime, or extended damages provisions. The main value the state adds is a local enforcement agency that can investigate claims without requiring workers to go through the federal system, plus penalty wage provisions for late final paychecks.

Workers with larger claims or seeking liquidated damages should consider federal FLSA remedies, which can double the amount owed for willful violations — a remedy North Dakota's state process doesn't automatically provide in the same way.