What to Know About Overtime in North Dakota

This article is intended to answer questions about overtime laws in North Dakota. North Dakota has enacted regulations which govern the payment of minimum wage and overtime pay for those working in the state through Chapter 46-02-07 of the North Dakota Administrative Code, which is titled the North Dakota Minimum Wage and Work Conditions Order (which will be referenced herein as the “ND Admin. Order”).

North Dakota Overtime

Most employees in North Dakota are entitled to overtime pay at a rate of one-and-a-half times their regular rate of pay for every hour worked above forty in a week. The ND Admin. Order provides that “Overtime pay must be paid at one and one-half times the regular rate of pay to any employee for hours worked in excess of forty hours in any one week.” There are certain exemptions under the ND Admin. Order, which apply to workers with specific job duties or that work in particular industries. The ND Admin. Order contains provisions governing “on-call time” as well as requirements for when the worker is required to be on duty for twenty-four hours or more.  Wage claims brought under North Dakota are subject to a strict two year statute of limitations. Thus, it is critical that any worker who has been denied overtime pay in North Dakota move quickly to assert their legal rights or else they could lose their claim. 

North Dakota produces a substantial amount of oil and the oil industry is a major player in the state when it comes to employment. The oil industry is rife with overtime violations. Oil and gas companies often create pay schemes which may illegally deny workers overtime pay. Some common pay schemes that may constitute overtime violations include day rates, straight time and salaries. If you have worked in North Dakota within the past two years and not been paid time and a half for every hour you worked over forty in a week, you should speak with an experienced overtime attorney as quickly as possible to understand your legal rights. 

About the Author: Josh Borsellino is an attorney licensed in Texas. He regularly represents employees suing for unpaid overtime. In addition to being licensed to practice in Texas, Josh is also admitted to practice in the federal district court in New Mexico. Many of his cases involve those in the oil and gas industry seeking their overtime pay under state and federal statutes. For a free consultation, call Josh at 817.908.9861 or 432.242.7118 or email him by clicking this link. 


This article is written for informational purposes only and not for the purpose of providing legal advice. Use and access to this article or any other link on this site does not create an attorney-client relationship.

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