# Title 46 — Labor Commissioner

## Article 46-03 — Calculation of a Regular Rate and Overtime

## Chapter 46-03-01 — Calculation of a Regular Rate and Overtime

### § 46-03-01-01. Formulas for determining regular rate and overtime.

1. Determining overtime from an hourly rate:
Hourly rate x 1.5 = Overtime hourly rate of pay
Overtime hourly Number of hours Amount of
x =
rate of pay worked in excess of 40 overtime due
2. Determining hourly rate and overtime from monthly salary:
Monthly salary x 12
= Weekly salary
Weekly salary
= Rate per hour
Total hours worked during
that week
To calculate overtime from this:
Rate per hour x 1/2 x Number of hours = Amount of
worked in excess of 40 overtime due
3. Determining hourly rate and overtime for retail employees paid principally from commissions:
Total compensation for one week
= Regular rate of pay
Total hours worked for that same week
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 x Number of hours = Compensation
Job 2: Number of hours Compensation
Rate of pay x =
Total hours Total compensation
Total compensation
= Average per hour
Total hours

Average per hour
= 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 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.
History: 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
