ATTORNEY ADVERTISING | Paul M. Botros, Esq. | Licensed in Texas and Florida

North Dakota Overtime Laws

North Dakota follows Federal FLSA overtime rules with a minimum wage of $7.25/hr. From the Bakken oil fields to agriculture across the plains, we fight to recover unpaid overtime for North Dakota workers.

Time limits apply to wage claims. Each pay period that passes, the oldest week of your claim can expire. A free case review will tell you your deadline.
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βš–οΈ Legally reviewed by Paul M. Botros, Esq. β€” Employment & Wage Law Attorney, Licensed in Florida & Texas Β· Last updated July 7, 2026

Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

North Dakota vs. Federal Overtime Laws

πŸ”‘ Key Fact: ND Mirrors Federal Rules

North Dakota's overtime rules follow FLSA: 1.5x for hours over 40. Minimum wage is $7.25/hr. We file claims under FLSA for double damages and a 2–3 year lookback.

ProtectionNorth DakotaFederal (FLSA)
Minimum Wage$7.25/hr$7.25/hr
Overtime RuleFollows FLSA1.5x after 40 hours
Statute of Limitations2 Years2 Years (3 if Willful)
DamagesUnpaid WagesDouble Damages (Liquidated)

Common North Dakota Overtime Violations

πŸ›’οΈ Oil & Gas (Bakken)

Williston Basin: Day-rate pay for roughnecks, roustabouts, and field inspectors without proper overtime. A flat daily rate does NOT eliminate overtime obligations.

πŸ—οΈ Pipeline & Construction

Cash payments and straight-time for overtime hours on pipeline, road, and commercial construction projects in western ND.

πŸš› Trucking & Hauling

Drivers misclassified as independent contractors (1099) for oilfield hauling and agricultural transport, denied overtime benefits.

🌾 Agriculture Support

Processing, elevator, and transport workers denied overtime under stretched agricultural exemptions that may not apply.

πŸ₯ Healthcare

Nurses and CNAs at rural ND hospitals facing automatic lunch deductions despite working through breaks.

🍽️ Hospitality

Restaurant and hotel workers in Fargo and tourist areas facing tip pool violations and unpaid overtime during busy seasons.

Common Violations by ND Region

πŸ“ Western ND (Bakken / Williston)

Oil & Gas, Pipeline:

  • Oil Field: Day rate violations
  • Pipeline: 1099 misclassification
  • Construction: Cash pay schemes

πŸ“ Fargo / Grand Forks

Tech, Healthcare, & Service:

  • Tech: IT staff misclassification
  • Healthcare: Meal break violations
  • Restaurants: Tip pool violations

πŸ“ Bismarck / Central ND

Government, Agriculture, & Mining:

  • Contractors: Overtime denial
  • Mining: Day rate schemes
  • Trucking: 1099 misclassification

What You Can Recover

Federal Damages

πŸ’° Double Damages

You get $2 for every $1 underpaid under FLSA.

πŸ“… 2-3 Year Recovery

Recover the last 2 years (3 if willful).

πŸ“‹ Attorney Fees

Employer pays your legal fees if you win.

Why Choose Our National Wage Recovery Team

North Dakota overtime claims are filed under Federal FLSA β€” our core focus. We have extensive experience with Bakken oil field day-rate cases.

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Partnered with Local Counsel
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Exclusive Focus
100% Wage & Hour Law

We Level the Playing Field

Large employers have legal teams. With our national network, so do you.

Paul leads every case personally β€” strategy, negotiations, and courtroom work. Outside Texas and Florida, he appears by pro hac vice admission (the standard court permission that lets an out-of-state attorney litigate your case) and works alongside local counsel who handle state-specific procedure. This is how national wage-and-hour cases are litigated everywhere β€” your case is never simply referred out.

Frequently Asked Questions

What are North Dakota's overtime laws?

ND follows federal FLSA overtime rules: time-and-a-half for hours over 40. Minimum wage is $7.25/hr.

Are Bakken oil field workers entitled to overtime?

Yes. Roughnecks, roustabouts, and field inspectors are generally non-exempt. Day rate pay does NOT eliminate overtime obligations.

Are pipeline workers entitled to overtime?

Yes. Pipeline construction and maintenance workers are generally non-exempt. Common violations include cash pay and 1099 misclassification.

How far back can I claim unpaid wages?

Under FLSA: 2 years (3 if willful).

Can I recover double damages?

Yes. FLSA provides liquidated damages doubling your recovery, plus attorney fees.

Is mandatory overtime legal in North Dakota?

Yes β€” and in the Bakken, 80-100 hour weeks are routine and legal to require. What's not legal: paying a flat day rate or straight time for them. Every hour over 40 earns 1.5x, no matter what the schedule demands.

Does North Dakota require lunch breaks?

Yes β€” one of the few states that does. N.D. Admin. Code Β§ 46-02-07-02 requires a 30-minute meal break in every shift over 5 hours when two or more employees are on duty. It can be unpaid only if you're completely relieved of duties β€” answering the radio or watching equipment through lunch means that time must be paid.

Do tipped workers in North Dakota get overtime?

Yes. Your overtime rate must be based on the full $7.25 minimum wage, not your lower tipped cash wage. Bar and restaurant workers whose OT was calculated off the tipped rate are owed the difference.

Get Your Free Case Evaluation

Attorney review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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