State Law > North Dakota > North Dakota Overtime Pay Law

North Dakota Overtime Pay Law

 

North Dakota has no general overtime pay law but provisions relating to overtime pay are located in Title 34, Chapter 34-06 of the state's Century Code.

  • 34-06-01. Definitions. In this chapter, unless the context or subject matter otherwise requires:
  • 34-06-03.1. Exemption for companionship services and family home care.
  • 34-06-04.1. Compensatory Time.
  • 34-06-05. Employment of employees under certain conditions illegal.
  • 34-06-18. Employer discriminating against employees.

34-06-01. Definitions. In this chapter, unless the context or subject matter otherwise requires:

1. "Commissioner" means the commissioner of labor.

2. "Employee" includes any individual employed by an employer. However, an individual is not an "employee" while engaged in a ridesharing arrangement, as defined in section 8-02-07. The term does not include a person engaged in firefighting or sworn law enforcement officers for a political subdivision of the state.

3. "Employer" includes any individual, partnership, association, corporation, limited liability company, the state and political subdivisions of the state, or any person or group of persons acting in the interest of an employer in relation to an employee.

4. "Minor" means a person of either sex under the age of eighteen years.

5. "Occupation" means a business or industry, or a trade or branch thereof, but it does not include outside salesmen who are compensated on a commission basis.

6. "Wages" includes all payments made to or on behalf of an employee as remuneration for employment, whether calculated on a time, piece, job, or incentive basis.

34-06-02. Power to investigate conditions of labor and wages and hours of employees.
The commissioner has the power to:

1. Investigate and ascertain the wages and the hours and conditions of labor of employees in the different occupations in which they are employed within this state.

2. Inspect and examine, either in person or through authorized representative, all books, payrolls, and other records of any employer of employees appertaining to or bearing on the questions of hours or conditions of labor of any employee employed by such employer.

3. Require from any employer of employees a full and true statement of the wages paid to, and the hours and conditions of labor of, all employees in his employ.

34-06-03.1. Exemption for companionship services and family home care.

1. Employees who provide companionship services for individuals who, because of age or disability, are unable to care for themselves are exempt from any minimum wage and hour standards that may be prescribed under this chapter, to the extent that those companionship services are provided by an employee from ten p.m. to nine a.m., up to a total of eight hours, during which time the employee is available to perform duties for the aged or disabled individual, but is free to sleep and otherwise engage in normal private pursuits in the aged or disabled individual's home. Employees who provide companionship services are not entitled to any overtime premium that may be prescribed under this chapter.

2. An individual who provides
family home care is exempt from any minimum wage and hour standards that may be prescribed under this chapter. 3. An individual who contracts with an elderly or disabled person, or a spouse or relative of an elderly or disabled person as described in subdivision b of subsection 4, to provide room, board, supervisory care, and personal services to that elderly or disabled person is exempt from any minimum wage and hour standards that may be prescribed under this chapter.

4. As used in this section:

a. "Companionship services" means those services that provide fellowship, care, and protection for individuals who, because of advanced age or physical or mental disabilities, cannot care for their own needs. Those services may include household work related to the care of the aged or disabled person, including meal preparation, bed making, washing of clothes, and other similar services, and may include the performance of general household work if that work does not exceed twenty percent of the total weekly hours worked. "Companionship services" do not include services relating to the care and protection of the aged or disabled which require and are performed by trained personnel, including a registered or practical nurse, and do not include individuals who provide care and protection for infants and young children who are not physically or mentally disabled.

b. "Family home care" means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew.

34-06-04.1. Compensatory Time.

The state or a political subdivision of the state may provide for compensatory time for its employees if the state or political subdivision complies with the requirements of the Fair Labor Standards Act of 1938, as amended, [PL 75-718; 52 Stat 1060; 29 USC 206] and any rules and interpretations adopted by the United States Department of Labor.

34-06-05. Employment of employees under certain conditions illegal.

It is unlawful to employ in any occupation within this state:

1. Employees for unreasonably long hours.

2. Employees under surroundings or conditions, sanitary or otherwise, which may be detrimental to their health or morals.

3. Employees for wages which are less than the state minimum wage.

4. Minors for unreasonably low wages.

34-06-07. Employer to keep register of employees employed - Inspection and examination of register.

Every employer shall keep a register of the names of all employees employed by him, and on request shall permit the commissioner or any of his authorized representatives to inspect and examine such register.

34-06-12. Order issued by commissioner - Posting.

After the hearing provided for in section 34-06-11 has been held, the commissioner may make and render any order necessary to adopt the recommendations, carry the recommendations into effect, and require all employers affected to observe and comply with the recommendations and order. An employer may not violate or disregard the terms or provisions of the order. The commissioner shall mail a summary of the order to every employer affected by the order. The employer shall keep a copy of the order posted in a conspicuous place in a commonly frequented area of the employer's establishment in which employees work.

34-06-17. Investigation of compliance with orders - Failure to observe or comply.

The commissioner, from time to time, shall investigate and ascertain whether or not employers in this state are observing and complying with his orders issued pursuant to the provisions of this chapter, and shall take such steps as may be necessary to cause the prosecution of employers failing to observe or comply therewith.

34-06-18. Employer discriminating against employees.

No employer may discharge or in any other manner discriminate against any employee because such employee has testified or is about to testify, or because such employer believes that the employee may testify, in any investigation or proceeding under or relative to this chapter.

34-06-19. Penalty for violation of chapter.

Any person who violates any of the provisions of this chapter, or any order, rule, or regulation issued pursuant thereto, is guilty of a class B misdemeanor.

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