North Dakota Overtime Laws
North Dakota has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
North Dakota follows federal weekly overtime rules.
State Labor Department
North Dakota Economy and Workforce
North Dakota's economy is dominated by energy and agriculture, which together make up 70% of the state's economic output. The state is the third-largest oil producer in the U.S., producing approximately 1.2 million barrels per day. Agriculture generated $41.3 billion in business volume in 2024, supporting over 123,000 jobs, with about 90% of the state's territory covered by farmland.
Industries with Common Overtime
These North Dakota industries frequently involve overtime work situations:
Oil and Gas Extraction
Oilfield workers, roughnecks, and pipeline employees in the Bakken formation regularly work 84-hour weeks during drilling operations.
Agriculture
Farm workers and grain elevator employees work extended hours during planting and harvest seasons, though many may be exempt from overtime.
Healthcare
Rural hospital staff and nursing home employees frequently work overtime to cover staffing gaps in underserved areas.
Construction
Workers on infrastructure and energy-related construction projects often work overtime during the short building season.
Transportation and Trucking
Truck drivers transporting oil, agricultural products, and goods work long hours, though many are exempt under federal motor carrier regulations.
Frequently Asked Questions
Hospitals and residential care establishments in North Dakota can establish a 14-day overtime period by mutual agreement with employees. Under this arrangement, employees must receive overtime pay at 1.5 times their regular rate for hours worked over 8 in a single day or over 80 hours within the 14-day period.
Most oilfield workers are entitled to overtime pay for hours worked over 40 in a workweek. However, certain employees may be exempt, including drivers operating vehicles over 10,000 lbs in interstate commerce or employees performing exempt executive, administrative, or professional duties.
Yes, North Dakota requires a minimum 30-minute meal break for shifts exceeding 5 hours when two or more employees are on duty. Bona fide meal breaks are not counted as hours worked for overtime purposes, but breaks during which employees must perform any duties must be compensated.
How to File a Wage Claim in North Dakota
If you believe you are owed overtime pay, follow these steps:
First discuss the wage issue directly with your employer to attempt an informal resolution.
If unresolved, send a written demand letter to your employer requesting the wages owed.
Complete the wage claim form online or submit a paper copy to the North Dakota Department of Labor and Human Rights.
Claims must be between $125 and $15,000 for the Department to investigate (smaller claims go to small claims court, larger to district court).
The Department will investigate and may hold hearings; if successful, you may receive double or triple damages if this is not the employer's first violation.
Important North Dakota Consideration
North Dakota's oil boom has created unique employment situations where workers may travel from other states for oilfield jobs. Workers should understand that North Dakota overtime laws apply to work performed in the state, regardless of where the employee resides, and that per diem payments for housing do not reduce the regular rate used to calculate overtime.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.