North Dakota overtime law matches the federal FLSA: 1.5 times pay after 40 hours a week, no daily overtime rule. Enter your rate and hours for an accurate North Dakota paycheck estimate.
Rules verified November 2026 · Sources: U.S. Department of Labor, North Dakota Department of Labor and Human Rights
By Mudassir Khan
North Dakota requires 1.5 times the regular rate for hours over 40 in a workweek, exactly like the federal Fair Labor Standards Act, with no daily overtime rule. The minimum wage is $7.25 an hour in 2026. Wage claims go to the North Dakota Department of Labor and Human Rights within 2 years.
Federal FLSA rules, North Dakota framing. Each workweek stands alone.
North Dakota wage claims go to the Department of Labor and Human Rights within 2 years. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Like federal law, North Dakota requires 1.5 times the regular rate for hours over 40 in a workweek. The state adds no daily overtime and no stricter weekly rule, so the federal and state math are identical.
The Department of Labor and Human Rights accepts Claims for Wages from $125 to $15,000, and the wages must have been due no more than 2 years before you file. Smaller disputes belong in small claims court.
North Dakota taxes the first $49,575 of a single filer's taxable income at 0%, then 1.95%, with a top rate of only 2.5%. Overtime pay keeps more of its value here than almost anywhere else.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | North Dakota |
|---|---|
| Overtime rule | State law mirrors the FLSA: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $7.25 an hour (tipped cash wage $4.86) |
| State income tax | 0%, 1.95%, and 2.5% top in 2026 |
| Claim agency | North Dakota Department of Labor and Human Rights |
| Claim deadline | 2 years from when wages were due (claims from $125 to $15,000) |
| Worker | Math | Gross |
|---|---|---|
| $7.25/hr, 50 hours | $290.00 + $108.75 | $398.75 |
| $30/hr, 45 hours | $1,200 + 5 × $45 | $1,425.00 |
| $21/hr, 52 hours | $840 + 12 × $31.50 | $1,218.00 |
| $7.25/hr, 40 hours | 40 × $7.25, no overtime | $290.00 |
Example 1 runs off the $7.25 floor: 50 hours pays $290 in regular pay plus 10 overtime hours at $10.88. Because the top state tax rate is only 2.5%, more of that $108.75 premium survives state tax than in most states.
Repeat violators face double or triple damages. Beyond back wages and interest, North Dakota can award double or triple the unpaid amount when the employer has violated wage law before. That multiplier makes a second offense far more expensive than the first.
Final pay has a 15 day ceiling. The final paycheck must arrive by the next regular payday or within 15 days, whichever is earlier. Miss that date and the wage claim route opens.
The 0% bracket does real work. A single filer pays no North Dakota tax on the first $49,575 of taxable income, so a typical hourly worker's entire paycheck, overtime included, often lands in the 0% or 1.95% bands.
Like North Dakota, South Dakota runs on federal overtime math: our South Dakota overtime calculator adds an $11.85 minimum wage and no income tax to the same rules, and the Montana overtime calculator covers another northern neighbor. The federal baseline is explained in the FLSA overtime rules guide.
State law requires the same as the federal FLSA: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees. There is no daily overtime rule.
With the North Dakota Department of Labor and Human Rights, for claims from $125 to $15,000, or in court. The wages must have been due no more than 2 years before you file.
$7.25 an hour, the federal floor, with a $4.86 cash wage for tipped workers.
No. North Dakota has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.
Yes, as ordinary wage income, but lightly. The top individual rate is 2.5% in 2026, and the first $49,575 of a single filer's taxable income is taxed at 0%.
Yes, if nonexempt. A salary alone does not remove overtime rights in North Dakota. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the North Dakota framing? Use the overtime pay calculator. Want the same math without the North Dakota framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a North Dakota paycheck? Try the deduction calculator, with a 2.5% top state rate the federal deduction goes far here.