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North Dakota Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Employers in North Dakota must conform with these state rules regarding overtime pay for employees.

In North Dakota, any time worked in excess of 40 hours in one week must be paid at no less than one and one-half times the employee's regular rate of pay per hour.

Exemptions From the General Overtime Provision

The following employees are exempt from overtime requirements:

  • bona fide executives, administrative, or professional employees
  • agricultural employees
  • providers of direct care in shelters and foster care
  • live-in domestics
  • mechanics paid on commission
  • straight commission salespersons in retail auto, truck, boat, aircraft, or farm equipment dealerships
  • computer professionals paid at least $27.63 per hour
  • outside salespersons
  • retail salespersons paid on commission plus 1 1/2 times the minimum wage
  • radio and television employees
  • artists
  • employees exempt under the motor carriers exemption of the FLSA
  • teachers
  • companionship and home care services

Special rule for taxicab drivers. Taxicab drivers must be paid overtime for any hours over 50 in one week.

Special rule for hospitals. Hospitals and residential institutions may use a 14-day overtime period.

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