What are the laws concerning overtime pay?

In North Dakota, the law concerning overtime pay is governed by the Fair Labor Standards Act (FLSA). Overtime pay is defined as any additional payment for hours worked beyond 40 hours in a single work week. The standard overtime rate is one-and-a-half times the employee’s regular rate of pay. Employees covered by the North Dakota Minimum Wage Act must be paid one-and-a-half times their regular rate for all hours worked in excess of 40 hours per week. Certain types of employees, typically classified as “exempt” employees are not eligible for overtime pay under the North Dakota law, such as certain agricultural, delivery, and professional employees. Vacation time, sick leave, and holidays do not count as hours worked when calculating overtime in North Dakota. Employers must be able to show proof of overtime payments and keep accurate records of employees’ hours worked. All overtime must be paid in the form of cash, and employers are prohibited from using time off as payment for overtime. In North Dakota, employers are not obligated to provide employees with overtime pay unless it is required by the FLSA. Employees who feel they have been denied overtime pay by their employer can contact the North Dakota Department of Labor and Human Rights to report the violation.

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What are the laws concerning overtime pay?

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