North Dakota Overtime Laws

A brief guide to North Dakota overtime laws

The legal system has erected many protections to ensure all workers are properly compensated for their labor. ND overtime laws state that nearly all employees must be paid minimum wage for their work. In addition, for every hour worked past 40 hours in a week, North Dakota overtime law requires employers to pay time-and-a-half. This means that on top of $7.25 an hour for every hour worked, ND overtime laws require you to be paid $10.88 an hour for every hour worked past 40 hours a week. Employers who fail to do so are in violation of North Dakota overtime laws.

Some unscrupulous employees may claim that you are a "salaried employee" by paying you as much as you would make working 40 hours a week at minimum wage in a lump sum. They will then try to get around North Dakota overtime law by claiming you are not entitled to additional payment. However, a salaried employee's tasks generally require a high degree of specialized knowledge and are unlikely to be filled by minimum-wage employees. An employer who claims North Dakota overtime laws do not apply to minimum-wage employees is almost certainly violating the law.

However, many workers are not entitled to this type of compensation under ND overtime laws. Some of the workers to whom North Dakota overtime law does not apply include:

• People who work in agricultural occupations. If you are a farm laborer or your job is to deliver agricultural products to market, North Dakota overtime laws do not apply to you.

• People who work in someone's household in tasks such as maids or au pairs. If you live in this domestic workspace, you are not covered by North Dakota overtime law.

• Salespeople who work on a commission basis are not covered by this law in most cases. However, if you work more than 40 hours a week in this capacity, North Dakota overtime laws apply to you.

• Teachers and other employees in educational facilities are not entitled to this type of compensation under ND overtime laws.

• Mechanics who are paid on a commission basis for each task performed are not entitled to extra compensation under North Dakota overtime law.

• People who work in primarily administrative tasks requiring the management of workers are salaried employees who are not entitled to these kinds of payments.

• People who work in computer-related tasks who earn more than $27.63 an hour are not covered by these laws.

If you feel an employer is violation of North Dakota overtime law, contact the Hours and Wages division of the state's Department of Labor. It is this government agency's responsibility to ensure that workers' rights under ND overtime laws are respected by their employers. After investigating your claims, they may be able to obtain unpaid or underpaid payments due you under North Dakota overtime laws. Should they decline to take action on your behalf, you may wish to contact a lawyer who can help you take private legal action regarding violations of ND overtime laws.

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