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2026 Statutory Exemption Standard

North Dakota Salaried Exempt Thresholds & FLSA Duty Tests

Minimum annual salary requirement of $35,568/yr ($684/wk), FLSA 29 C.F.R. § 541 duty tests, and misclassification rules under N.D.C.C. § 34-06-22.

Verified Rates Active
State Code: ND
Statute: N.D.C.C. § 34-06-22 & 29 C.F.R. § 541
Annual Floor $35,568
Weekly Floor $684/wk
Statute Citation N.D.C.C. § 34-06-22
Federal Comparison Standard FLSA Floor

Interactive North Dakota Salary Exemption Audit Tool

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Statutory Audit Verdict: N.D.C.C. § 34-06-22

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If your salary is under $35,568, your employer may owe you back overtime pay.

Federal FLSA vs North Dakota Exemption Matrix (2026)

Where state law grants greater protection or higher salary thresholds than federal standards, state law supersedes federal FLSA regulations under 29 U.S.C. § 218(a).

Compliance Standard Federal FLSA Floor North Dakota Statutory Mandate
Annual Minimum Salary $43,888 / yr $35,568 / yr
Weekly Minimum Salary $844 / wk $684 / wk
Primary Duties Test 29 C.F.R. § 541 (Exec/Admin/Prof) N.D.C.C. § 34-06-22 Duties Rule
Overtime Rate if Below Threshold 1.5x Regular Rate 1.5x Regular Rate

The Mandatory Two-Part Exemption Test in North Dakota

Paying an employee a fixed salary does NOT automatically disqualify them from overtime pay. In North Dakota, an employer MUST satisfy both statutory prongs under 29 C.F.R. § 541 and N.D.C.C. § 34-06-22:

1

Salary Threshold Test

Employee must earn at least $35,568 annually ($684/wk) on a true, non-deductible salary basis.

2

Primary Duties Test

Actual daily work must consist primarily of executive leadership, administrative judgment, or specialized professional knowledge (not routine labor).

FLSA & State Duty Exemptions Breakdown

Executive Exemption (29 C.F.R. § 541.100): Primary duty must be managing an enterprise or recognized department, regularly directing the work of 2+ full-time staff, with authority to hire/fire.
Administrative Exemption (29 C.F.R. § 541.200): Primary duty involves office or non-manual work directly related to management or general business operations, exercising discretion and independent judgment on significant matters.
Professional Exemption (29 C.F.R. § 541.300): Primary duty requires advanced knowledge in a specialized field of science or learning acquired by prolonged intellectual instruction.
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