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Employee Classification: North Dakota

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Joel Fremstad, Lynn Block and Fremstad Law


  • North Dakota's minimum wage and overtime exemptions are similar to those of the federal Fair Labor Standards Act (FLSA) in many respects. However, there are several differences that require special attention. See Minimum Wage Exemptions and Overtime Exemptions.
  • Where North Dakota's requirements diverge from those of the federal government, employers must comply with the requirements that favor their employees.