North Dakota Overtime and Meal & Rest Break Laws for Nurses

Under the North Dakota General Statute section 46-02-07-02(4), employers must pay workers overtime if any worker exceeds 40 hours in one workweek. Overtime pay is calculated as one and one-half times the worker’s typical hourly wage. The code mentions some exemptions but none of which apply to any aspect of the nursing or medical industry. The workweek is defined both on the state level and by federal statute as seven consecutive days, typically beginning on a Monday and concluding the following Sunday. Employers may alter the traditional definition of the workweek but may not do so in order to avoid paying overtime.

Under the North Dakota Administrative Code section 46-02-07-02(5), which applies in any situation where two or more employees are on duty, employers must provide workers with a 30-minute meal break for each shift over five hours long. If the employee is completely relieved of his duties, the meal break may be unpaid. However, the employer may require the employee to eat while on duty if the job so requires- and these breaks must be paid.
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