Exemptions: Overtime & minimum wage - North Dakota

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

In North Dakota the following individuals are exempt from the minimum wage provisions: guides and cooks for hunting or guide services, golf caddies, prison or jail inmates who work for the jail/prison, actors and extras, and employees of educational non-profit youth camps.

In addition, the following are exempt from North Dakota overtime provisions:  individuals in an executive, administrative or professional position, agricultural workers, in-home domestics, commissioned sales people in car, truck, trailer, boat, aircraft or farm implement dealerships, computer professionals who are paid at least $27.63 per hour, outside sales people, commissioned mechanics, announcers, news editors and chief engineers of radio or TV stations, artistic professionals, motor carriers, and teachers, instructors and tutors.

State

Contact

North Dakota Department of Labor Wage and Hour Division

Regulations

Chapter 46-02-07, North Dakota Minimum Wage and Work Conditions Order 46-02-07-02, Standards That Apply.

Chapter 46-02-07, North Dakota Minimum Wage and Work Conditions Order

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees