North Dakota Salaried Employee Appraisal Guidelines - General
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FAQ
In North Dakota, employers cannot ask employees to work what are termed unreasonably long hours. To this end, employers must not require employees to work for seven consecutive days without offering one day's rest.
In fact, employees' right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.
Employers must only pay hourly employees and non-exempt salary employees for the actual hours worked. An employer doesn't violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law.
How Many Hours a Week Does the Average Salaried Employee Work? While 40 hours of work per week is considered full-time, the average salaried employee does not often exceed 45-50 hours per week.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
The required state and federal posters are available on our website free of charge at nd.gov/labor/education-and-other-resources. The ND Minimum Wage & Work Conditions Summary Poster is an excellent resource that summarizes state law.
There is no limit on the number of hours the adult employee may be required to work. The decision to work employees in eight-hour shifts, 12-hour shifts, 16-hour shifts, etc., is entirely up to the employer. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer.
North Dakota law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. An employer must calculate overtime on a weekly basis regardless of the length of the pay period.
Under Executive Order 11246, you have the right to inquire about, discuss, or disclose your own pay or that of other employees or applicants. You cannot be disciplined, harassed, demoted, terminated, denied employment, or otherwise discriminated against because you exercised this right.
Exempt employees are not entitled to overtime pay under federal or NC labor laws. North Carolina also does not set the maximum hours that employees are allowed to work in a day. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts.