North Dakota Overtime Laws 2026
North Dakota follows the federal Fair Labor Standards Act (FLSA) for overtime regulations and has no separate state overtime laws. Non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. A federal court ruling in November 2024 blocked the planned salary threshold increases, maintaining the threshold at $684 per week.
North Dakota employers must comply with federal overtime requirements and maintain accurate payroll records.
While the state has enacted many rules, such as ND Cent. Code § 46-02-07 protecting the rights of employees and ensuring fair pay, a recent one involving a planned increase to the salary threshold for overtime exemptions was blocked by the federal court.
The table below sheds light on key updates impacting overtime and wages in North Dakota in 2026:
| Update Area | 2026 Changes & Details |
| Minimum Wage | The state minimum wage remains $7.25/hour, which is the same as the federal standard. |
| Overtime Salary Exemption | A federal court blocked the planned 2026 salary threshold increase. The threshold for most exempt employees remains $684/week ($35,568/year). |
| State Law Compliance | North Dakota continues to follow the federal 40-hour workweek rule for overtime calculations, with no additional state-specific mandates. |
| Meal Breaks | State regulations require a 30-minute meal period for any shift exceeding five hours if two or more employees are on duty. |
Overview of North Dakota Overtime Laws 2026
As per the state laws, all employers are mandated to pay non-exempt employees overtime at a rate of 1.5 times their regular wage rate for all hours worked above 40 in a week. These rules mirror the federal FLSA, which governs overtime requirements in the state.
North Dakota does not have any additional rules that go beyond the federal standard, including daily overtime pay. All overtime calculations are strictly based on the 40-hour weekly threshold.
Summary:
- Overtime rate: 1.5X the employee’s regular hourly rate.
- Weekly overtime: Applies after 40 hours in a workweek.
- Daily overtime: No requirement for overtime based solely on hours in one day under state law.
- Exemptions: Same as under the FLSA (with salary and duties thresholds) apply.
- Recordkeeping: Employers must calculate the correct regular rate (including certain bonuses/commissions) and ensure overtime is based only on hours worked.
Eligibility for Overtime in North Dakota
In North Dakota, eligibility for overtime pay is determined by an employee’s classification as non-exempt or exempt.
- Non-Exempt Employees: People who are usually paid on an hourly basis or earn a fixed salary that is less than the state/federal minimum wage rate. They are legally entitled to receive overtime pay for hours worked over 40 in a workweek.
- Exempt Employees: An individual who meets both the salary and duties tests. As of 2026, they must earn a fixed salary of at least $684 per week and perform job duties such as managing a business, administrative work, or providing professional services.
Federal vs. North Dakota Overtime Rules
North Dakota’s overtime rules are largely governed by federal law, with the primary difference being the state’s specific meal break requirement. For instance, under Federal law, Anna is not liable to receive any meal break. But, under North Dakota’s rules, Ann’s employer is mandated to give her at least 30 minutes of break if she works for 5 consecutive hours.
The table below illustrates the difference.
| Aspect | Federal (FLSA) | North Dakota Law (2026) |
| Weekly Overtime | 1.5x after 40 hours/week | Same as federal |
| Daily Overtime | No | No |
| Salary Exemption | $684/week ($35,568/year) | Mirrors federal |
| Minimum Wage | $7.25/hour | $7.25/hour |
| Meal Breaks | Not required | 30-minute break required for shifts over 5 hours with 2+ employees on duty. |
Exemptions in North Dakota
North Dakota follows the federal FLSA definition and classifies the following as exempt.
- Executive Employees: Individuals who manage others, supervise at least two full-time employees, have authority in hiring/firing decisions, and earn at least $684 weekly ($35,568 annually) qualify as exempt.
- Administrative Employees: Workers who perform office/non-manual work directly related to business operations, exercise independent judgment, and earn the federal minimum salary threshold are classified as exempt.
- Professional Employees: Individuals whose duties require advanced knowledge in specialized fields (law, medicine, accounting, engineering), possess relevant degrees/licenses, and meet salary requirements are exempt from overtime.
- Outside Salespersons: Employees who sell goods/services away from the employer’s premises and spend at least 80% of their time on sales activities qualify for the outside sales exemption.
- Computer Professionals: IT workers earning at least $27.63 per hour or $684 per week who perform system analysis, programming, software engineering, or IT management duties are exempt.
- Agricultural Employees: Most workers engaged in farming, crop production, livestock management, and related agricultural activities are exempt from overtime requirements.
It’s important to note that incorrectly classifying employees as exempt can lead to serious consequences.
Employer Obligations and Employee Rights
In North Dakota, all employers are mandated to comply with state and federal laws to ensure fair pay and protect employee rights.
- Timely Payment: Pay all wages at least once a month on scheduled paydays.
- Recordkeeping: Maintain accurate records of hours worked and wages paid to all non-exempt employees.
- Meal Breaks: Provide a 30-minute meal break to all employees whose shift is longer than five hours and when two or more employees are on duty. Employers can waive the break time by mutual agreement.
- Penalties: Violation of state/federal rules can result in back pay, liquidated damages, and legal fees. The state prohibits retaliation against an employee for filing a wage claim.
Got questions?
No. North Dakota follows the federal Fair Labor Standards Act (FLSA) for defining overtime laws. It requires overtime pay for all non-exempt employees who work for more than 40 hours in a week.
No. The state does not have any rules for daily overtime pay. Employers are only liable to provide overtime on a 40-hour weekly basis.
In North Dakota, all employees who meet the federal “white-collar” tests for executive, administrative, or professional roles and earn a salary of at least $684 per week are exempt from receiving overtime pay. The state also recognizes exemptions for certain agricultural workers and outside salespersons, among others.
To calculate overtime for non-exempt salaried employees in North Dakota, an employer must first divide the employee’s weekly salary by the number of hours it covers (typically 40) to determine the hourly rate. They must then multiply the hours worked beyond 40 in a workweek by 1.5 times the hourly rate to get the final overtime pay.
No. As of 2026, the state has no rules requiring employers to pay overtime for work done on weekends or holidays.