N.D. Admin. Code 46-03-01-01

Current through Supplement No. 395, January, 2025

Section 46-03-01-01 - Formulas for determining regular rate and overtime

1. Determining overtime from an hourly rate:

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 the 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.

N.D. Admin Code 46-03-01-01

Effective December 1, 1992; amended effective March 1, 1998; October 1, 2012.

General Authority: NDCC 28-32-02(1), 34-06-04

Law Implemented: NDCC 34-06-11, 34-06-12