Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce
Exceptions
Category
employees employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel or teachers in elementary or secondary schools)
Condition
Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from the Act's minimum wage and overtime requirements (29 CFR 541.0(a)); salary requirements in 29 CFR part 541 subpart G apply
Category
outside sales employees
Condition
exempt from minimum wage and overtime requirements under section 13(a)(1) of the Act (29 CFR 541.0(a), 541.500)
Category
computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees
Condition
Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements (29 CFR 541.0(a)); see also 29 CFR 541.400
Category
employees of a retail or service establishment paid mainly by commission
Condition
if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services (29 U.S.C. 207(i))
Category
employees receiving remedial education
Condition
not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek without overtime pay, if the employee is receiving remedial education meeting 29 U.S.C. 207(q)
Category
employees of street, suburban or interurban electric railway, or local trolley or motorbus carrier employers in charter activities
Condition
hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n))
no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 1 · effective from · a source has never been verified against the live page
Verification: approved by a person (carried over from Juriset's first release).
Exceptions
Category
executive, administrative, or professional employees
Condition
N.D. Admin. Code § 46-02-07-02(4)(a): Any employee employed in a bona fide executive, administrative, or professional capacity.
Category
agricultural employees
Condition
§ 46-02-07-02(4)(b): Any employee engaged in an agricultural occupation.
Category
direct care employees of shelters, foster care, or related establishments
Condition
§ 46-02-07-02(4)(c): Any employee spending at least fifty-one percent of the employee's work time providing direct care to clients of a shelter, foster care, or other such related establishment whose primary responsibilities are to provide temporary shelter, crisis intervention, prevention, education, and fellowship.
Category
live-in domestic service employees
Condition
§ 46-02-07-02(4)(d): Any employee employed in domestic service who resides in the household in which employed.
Category
straight commission salespersons in retail automobile, trailer, boat, aircraft, truck, or farm implement dealerships
Condition
§ 46-02-07-02(4)(e): unless that salesperson is required to be on the premises for more than forty hours per week.
Category
computer professionals
Condition
§ 46-02-07-02(4)(f): Computer professionals exercising discretion and independent judgment when designing, developing, creating, analyzing, testing, or modifying computer programs or who are paid hourly at a rate of at least twenty-seven dollars and sixty-three cents.
Category
Upcoming changes
No published changes are waiting to take effect.
Change history
Federal: United States
Version
Effective
Published
Change
Value
4in effect
new
overtime in us: version 4, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
State: North Dakota
Version
Effective
Published
Change
Value
1in effect
new
overtime in us-nd: version 1, effective 2012-10-01, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
The response holds everything on this page, including each level's sources. See the API docs; a free key is enough for today's rule.
Informational only. Not legal advice. Verify with the cited source.
1.5
Alternative schemes
Group
employers engaged in the operation of a hospital or an establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises
Condition
pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days (29 U.S.C. 207(j))
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
public agency employees in fire protection activities or law enforcement activities (including security personnel in correctional institutions)
Condition
in a work period of 28 consecutive days, tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours determined by the Secretary for calendar year 1975; shorter work periods of at least 7 days use the same ratio (29 U.S.C. 207(k))
Period days
28
Group
employees employed under collective bargaining agreements described in 29 U.S.C. 207(b)(1) or (2), or by independently owned local petroleum distribution enterprises described in 207(b)(3)
Condition
if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate (29 U.S.C. 207(b)); overtime required for hours in excess of the daily or weekly maximum, whichever number of hours is greater (29 CFR 778.602)
Period days
7
Threshold daily hours
12
Threshold period hours
56
Group
employees employed in auction sale, buying, handling, stripping, sorting, grading, packing or storing of specified types of green leaf or cigar leaf tobacco
Condition
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (29 U.S.C. 207(m)); an employer using this exemption is not eligible for any other exemption under section 207
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.
§ 46-02-07-02(4)(g): Any employee who is customarily and regularly engaged away from the employer's premises for the purpose of making sales or taking orders. Work unrelated to outside sales may not exceed twenty percent of the hours worked in the week for the exemption to apply.
Category
mechanics paid on commission
Condition
§ 46-02-07-02(4)(h): Mechanics paid on a commission basis off a flat rate schedule.
Category
commissioned retail establishment employees
Condition
§ 46-02-07-02(4)(i): An employee of a retail establishment if the employee's regular rate of pay exceeds 1.5 times the minimum hourly rate applicable if more than half of the employee's compensation for a period of not less than one month is derived from commission on goods or services sold.
Category
radio or television announcers, news editors, chief engineers
Condition
§ 46-02-07-02(4)(j): Any employee employed as an announcer, news editor, or chief engineer by a radio or television station.
Category
artistic professions
Condition
§ 46-02-07-02(4)(k): Artistic professions which are original and creative in nature or where the work is dependent upon the invention, imagination, or talent of the employee.
Category
motor carrier employees
Condition
§ 46-02-07-02(4)(l): Any employee exempted by section 13(b)(1), (2), and (3) of the Fair Labor Standards Act from section 7 of the Fair Labor Standards Act, as applied to covered employees of motor common, contract, and private carriers specified by the Motor Carriers Act.
Category
teachers, instructors, tutors, and lecturers
Condition
§ 46-02-07-02(4)(m): Teachers, instructors, tutors, and lecturers engaged in teaching in a school or educational system.
Category
highly compensated employees
Condition
§ 46-02-07-02(4)(n): A highly compensated employee.
Multiplier
1.5
Alternative schemes
Group
Individuals employed as drivers by taxicab companies
Condition
§ 46-02-07-02(4): must be compensated at one and one-half times the regular rate of pay for all hours worked in excess of fifty hours in any one week
Period days
7
Threshold period hours
50
Group
Hospitals and residential care establishments
Condition
§ 46-02-07-02(4): may adopt, by agreement with their employees, a fourteen-day overtime period in lieu of the usual seven-day workweek, if the employees are paid at least time and one-half their regular rate for hours worked over eight in a day or eighty in a fourteen-day work period
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. … Individuals employed as drivers by taxicab companies must be compensated at one and one-half times the regular rate of pay for all hours worked in excess of fifty hours in any one week. … Hospitals and residential care establishments may adopt, by agreement with their employees, a fourteen-day overtime period in lieu of the usual seven-day workweek, if the employees are paid at least time and one-half their regular rate for hours worked over eight in a day or eighty in a fourteen-day work period. … The following types of employment are exempt from the overtime provisions of this subsection: … a. Any employee employed in a bona fide executive, administrative, or professional capacity. … b. Any employee engaged in an agricultural occupation. … c. Any employee spending at least fifty-one percent of the employee's work time providing direct care to clients of a shelter, foster care, or other such related establishment whose primary responsibilities are to provide temporary shelter, crisis intervention, prevention, education, and fellowship. … d. Any employee employed in domestic service who resides in the household in which employed. … e. A straight commission salesperson in retail automobile, trailer, boat, aircraft, truck, or farm implement dealerships unless that salesperson is required to be on the premises for more than forty hours per week. … f. Computer professionals exercising discretion and independent judgment when designing, developing, creating, analyzing, testing, or modifying computer programs or who are paid hourly at a rate of at least twenty-seven dollars and sixty-three cents. … g. Any employee who is customarily and regularly engaged away from the employer's premises for the purpose of making sales or taking orders. Work unrelated to outside sales may not exceed twenty percent of the hours worked in the week for the exemption to apply. … h. Mechanics paid on a commission basis off a flat rate schedule. … i. An employee of a retail establishment if the employee's regular rate of pay exceeds 1.5 times the minimum hourly rate applicable if more than half of the employee's compensation for a period of not less than one month is derived from commission on goods or services sold. … j. Any employee employed as an announcer, news editor, or chief engineer by a radio or television station. … k. Artistic professions which are original and creative in nature or where the work is dependent upon the invention, imagination, or talent of the employee … l. Motor carrier: Any employee exempted by section 13(b)(1), (2), and (3) of the Fair Labor Standards Act [29 U.S.C. 213(b)(1), (2), and (3)] from section 7 of the Fair Labor Standards Act [29 U.S.C. 207], as applied to covered employees of motor common, contract, and private carriers specified by the Motor Carriers Act [49 U.S.C. 3102]. … m. Teachers, instructors, tutors, and lecturers engaged in teaching in a school or educational system. … n. A highly compensated employee.
Overtime must be paid at one and one-half times the employee’s regular rate of pay for time worked over 40 hours in any work week, which is any consecutive seven-day period defined by the employer.