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2026 Verified Statute • ND

North Dakota Overtime & Paycheck Calculator

Statutory Authority N.D.C.C. § 34-06-22
Min Statutory: $7.25
$
48 hrs
1 hr (Part-Time) 40 hrs (Standard) 84 hrs (Heavy OT)
Advanced Tax & Paycheck Deductions (Optional)
Total Estimated Gross Pay
$0.00
Statutory Gross Pay (Verified against US WHD Standards)
Regular Pay (0 hrs @ 1.0x): $0.00
Overtime Pay (0 hrs @ 1.5x): $0.00
Est. FICA Tax (7.65%): -$0.00
Est. ND State Tax: -$0.00
Estimated Net Take-Home: $0.00
Dynamic Earnings Ratio

Visual Pay Composition Breakdown

Statutory Pay Ratio
70%
20%
10%
Regular Pay (1.0x)
$0.00
Overtime Pay (1.5x)
$0.00
Double Time (2.0x)
$0.00
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Min. Hourly Wage $7.25/hr
Daily Overtime (1.5x) Weekly 40h
Tip Credit Policy Max $2.39/hr
Exempt Salary Floor $35,568/yr
Verified DOL Statutory Code

North Dakota Statutory Wage & Overtime Authority

Official ND DOL Portal

Statutory Legal Citation: N.D.C.C. § 34-06-22

North Dakota minimum wage is $7.25/hr ($4.86 tipped direct wage). Weekly overtime required at 1.5x over 40 hours.

Employee Statutory Rights (ND)

  • Minimum wage of $7.25/hr.
  • 30-minute meal break for shifts over 5 hours.
  • Overtime pay at 1.5x over 40 hours.

Employer Mandatory Obligations (ND)

  • § Pay tipped staff at least $4.86/hr direct cash wage.
  • § Pay wages at least monthly on regular paydays.
  • § Reimburse tip credit shortfalls.
Frequent Compliance Questions

North Dakota Statutory Wage & Overtime FAQs

What is the minimum wage in North Dakota for 2026?

Under statutory citation N.D.C.C. § 34-06-22, the 2026 minimum wage in North Dakota is $7.25 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.

Does North Dakota mandate daily overtime pay?

North Dakota follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.

Can employers in North Dakota take a tip credit against wage rates?

North Dakota permits employers to claim a maximum tip credit of $2.39/hr against tipped staff, requiring a minimum direct cash wage of $4.86/hr.

Common North Dakota Payroll Compliance Traps & Audit Penalties

Tip credit shortfalls below $7.25/hr.

Failing to provide mandatory meal breaks.

Unauthorized pay deductions.

Did Your Employer Violate North Dakota Labor Law?

30-Second Diagnostic • Sourced from N.D.C.C. § 34-06-22

Never Miss an Overtime Dollar or Statutory Rate Update

Set weekly payday audit reminders & North Dakota labor code alert updates

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Add a recurring Friday payday paystub audit reminder directly to your phone calendar.

Employer Statutory Violation & Penalty Risk Audit

Department of Labor & State Compliance Fine Exposure in North Dakota

Unpaid Overtime Penalty 100% Liquidated Damages

Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.

Meal / Rest Break Violation Statutory Back Pay

1 hour regular rate premium pay per workday missed under state law.

Late Final Wage Penalty Up to 30 Days Daily Wage

Waiting time statutory penalties for delayed final paycheck settlement.

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FLSA & ND Overtime Exemption Checklist

Determine if an employee is legally exempt from overtime under state and federal law

Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).

Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.

Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.

💡 Select all 3 checkboxes above to verify if your role meets FLSA exempt employee criteria.
B2B Payroll Compliance

Managing payroll or shift workers in North Dakota?

Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.

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