NDAC 46-03-01-01
Formulas for determining regular rate and overtime
Cite as N.D. Admin. Code ยง 46-03-01-01
1.
Determining overtime from an hourly rate:
Hourly rate x 1.5
=
Overtime hourly rate of pay
Overtime hourly
rate of pay
x
Number of hours
worked in excess of 40
=
Amount of
overtime due
2.
Determining hourly rate and overtime from monthly salary:
Monthly salary x 12
=
Weekly salary
52
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
worked in excess of 40
=
Amount of
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:
Rate of pay
x
Number of hours
=
Compensation
Total hours
Total compensation
Total compensation
=
Average per hour
Total hours
Average per hour
=
Rate of overtime
2
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.