Overtime Calculator North Dakota

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

Quick answer

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.

Your North Dakota week

Federal FLSA rules, North Dakota framing. Each workweek stands alone.

$/hr
hrs
Gross pay this week (45.0 hrs)$950.00
Regular pay (first 40 hrs)$800.00
Overtime pay at 1.5x (5.0 hrs)$150.00
your overtime rate$30.00/hr

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.

How overtime works in North Dakota

1 · State law mirrors the FLSA

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.

2 · The 2 year claim window

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.

3 · One of the lightest tax loads in the nation

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.

The North Dakota formula (federal math)
Gross = (40 × rate) + (hours over 40 × rate × 1.5)

Rules at a glance, 2026

RuleNorth Dakota
Overtime ruleState 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 tax0%, 1.95%, and 2.5% top in 2026
Claim agencyNorth Dakota Department of Labor and Human Rights
Claim deadline2 years from when wages were due (claims from $125 to $15,000)

Worked examples

WorkerMathGross
$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 hours40 × $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.

North Dakota specifics worth knowing

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.

Common mistakes

Mistake 1: Filing a sub $125 claim with the department. The Department of Labor and Human Rights only takes claims from $125 to $15,000. Smaller disputes belong in small claims court, larger ones in district court.
Mistake 2: Missing the 2 year window. The department can only look at wages due within the 2 years before you file. Older weeks fall out of the claim.
Mistake 3: Expecting daily overtime. North Dakota has no daily overtime rule. A long single day earns nothing extra unless the week passes 40 hours.
Mistake 4: Filing without first demanding pay in writing. The department expects you to ask the employer for the wages first, in writing, with a payment deadline. Skipping that step slows the claim.

Frequently asked questions

Does North Dakota have its own overtime law?

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.

Where do I file an unpaid overtime claim in North Dakota?

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.

What is the minimum wage in North Dakota in 2026?

$7.25 an hour, the federal floor, with a $4.86 cash wage for tipped workers.

Is there daily overtime in North Dakota?

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.

Does North Dakota tax overtime pay?

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%.

Can a salaried North Dakota employee earn overtime?

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.

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.