North Dakota Overtime Authorization Form
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FAQ
Non-exempt employees (including those paid a day rate) must be paid 1.5 times their regular hourly rate for all hours worked over 40 in a single workweek. Daily overtime is not required under North Dakota state law.
How Many Hours Is Considered Full-Time? Short answer: Full-time employment is usually considered between 30-40 hours a week, while part-time employment is usually less than 30 hours a week.
Under North Dakota's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 per 7-day workweek (ND Admin. Code Sec. 46-02-07-02). Overtime need only be computed for actual hours worked.
Generally, overtime is to be paid at 1-1/2 times the regular rate of pay for hours worked in excess of 40 in a work week (a consistent, consecutive 7 day period defined by the employer, unless the employer is a hospital or residential care establishment which may adopt a 14 day overtime period).
Overtime Hours are hours worked past 40 per week. The easiest calculation for overtime pay involves hourly employees. The formula can be expressed as (Regular Rate Straight Time) + ((Regular Rate 1.5) Overtime Hours). Salaried employees are also entitled to overtime pay under the FLSA.
127, Bismarck, ND 58505-0599. 2022 Mail Form 307 with paper information returns to: Office of State Tax Commissioner, PO Box 5624, Bismarck, ND 58506-5624.
Overtime pay is calculated: Hourly pay rate x 1.5 x overtime hours worked. Here is an example of total pay for an employee who worked 42 hours in a workweek: Regular pay rate x 40 hours = Regular pay, plus. Regular pay rate x 1.5 x 2 hours = Overtime pay, equals.
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Generally, overtime is to be paid at 1-1/2 times the regular rate of pay for hours worked in excess of 40 in a work week (a consistent, consecutive 7 day period defined by the employer, unless the employer is a hospital or residential care establishment which may adopt a 14 day overtime period).
