N.D. Admin. Code Article 4603: Calculation of a Regular Rate and Overtime
Official text of N.D. Admin. Code Article 4603: Calculation of a Regular Rate and Overtime  (54kb pdf)
N.D. Admin. Code Chapter 460301: Calculation of a Regular Rate and Overtime
Section
 46030101 Formulas for Determining Regular Rate and Overtime

 Determining overtime from an hourly rate:
Hourly rate multiplied by 1.5 = Overtime hourly rate of pay
Overtime hourly rate of pay multiplied by Number of hours worked in excess of 40 = Amount of overtime due
 Determining hourly rate and overtime from monthly salary:
Monthly salary multiplied by 12, divided by 52 = Weekly salary
Weekly salary divided by Total hours worked during that week = Rate per hour
To calculate overtime from this: Rate per hour multiplied by 1/2 multiplied by Number of hours worked in excess of 40 = Amount of overtime due
 Determining hourly rate and overtime for retail employees paid principally from commissions: Total compensation for one week divided by Total hours worked for that same week = Regular rate of pay

Weighted average method of overtime:
When an employee performs
two jobs for the same employer, with each job having a different rate of
pay, the method of computing overtime is as follows:
Job 1: Rate of pay multiplied by Number of hours = Compensation Job 2: Rate of pay multiplied by Number of hours = Compensation
Total compensation for all jobs divided by Total hours for all jobs = Average per hour
Average per hour divided by 2 = Rate of overtime
The rate of overtime multiplied by the number of overtime hours (hours in excess of 40) is the total overtime due.
 Determining overtime from regular rate and overtime from day rates and job rates:
If the employee is paid a flat sum for a day's work or for doing a particular job, without regard to the number of hours worked in the day or at the job, and if the employee receives no other form of compensation for services, the employee's regular rate is determined by totaling all sums received at such day rates or job rates in the workweek and dividing by the total hours actually worked. The employee is then entitled to extra halftime pay at the rate for all hours worked in excess of forty in the workweek.
 Determining overtime from an hourly rate:
Hourly rate multiplied by 1.5 = Overtime hourly rate of pay
History: Effective December 1, 1992; amended effective March 1, 1998.
General Authority: NDCC 283202(1), 340604
Law Implemented: NDCC 340611, 340612