nd.gov - The Official Portal for North Dakota State Government
North Dakota: Legendary. Follow the trail of legends

N.D. Admin. Code Article 46-03: Calculation of a Regular Rate and Overtime

Official text of N.D. Admin. Code Article 46-03: Calculation of a Regular Rate and Overtime - (54kb pdf)

N.D. Admin. Code Chapter 46-03-01: Calculation of a Regular Rate and Overtime

Section

46-03-01-01 Formulas for Determining Regular Rate and Overtime
  1. 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

  2. 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

  3. 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
  4. 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.

  5. 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 half-time pay at the rate for all hours worked in excess of forty in the workweek.

History: Effective December 1, 1992; amended effective March 1, 1998.
General Authority: NDCC 28-32-02(1), 34-06-04
Law Implemented: NDCC 34-06-11, 34-06-12

  • 600 East Boulevard Ave
  • Dept 406
  • Bismarck ND 58505-0340
  • (701) 328-2660
  • 1-800-582-8032 - In-state toll-free
  • 1-800-366-6888 or 1-800-366-6889 - TTY (Relay ND)
  • (701) 328-2031 Fax