Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
North Dakota overtime rules for home care workers
Last verified October 28, 2026 · All North Dakota resources
In North Dakota, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $7.25 an hour. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. North Dakota's own law does not, so if the federal rule is undone, agencies here may no longer owe overtime to companionship and live-in caregivers.
What are North Dakota's overtime and minimum wage rules?
| Minimum wage | $7.25 an hour |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Does North Dakota law require overtime for agency caregivers?
No. North Dakota law says employees who provide companionship services to people who cannot care for themselves because of age or disability "are not entitled to any overtime premium" under state law (N.D.C.C. 34-06-03.1), with no limit to workers hired by the household. Aides whose work falls outside the state definition of companionship services, such as nurses, get state overtime after 40 hours.
Can sleep time be unpaid on 24-hour shifts in North Dakota?
Companionship workers are exempt from state wage and hour standards for up to 8 hours between 10 p.m. and 9 a.m. while they are free to sleep in the client's home (N.D.C.C. 34-06-03.1). For duty of 24 hours or more, employer and employee may agree to exclude meal periods and up to 8 hours of scheduled sleep if adequate sleeping facilities are provided and sleep is usually uninterrupted; interruptions are paid (N.D. Admin. Code 46-02-07-02).
Calculate a week of overtime in North Dakota
Preset with North Dakota's daily overtime rule. Enter each day's hours across all clients.
Checking the whole roster? Open Overtime watch for North Dakota →
Sources
More for North Dakota
Overtime rules by state: other states
Related guides
Compliance
Do Home Care Agencies Have to Pay Caregivers Overtime?
Yes. Since January 1, 2015, agencies cannot use the companionship or live-in exemptions, so every caregiver gets time-and-a-half after 40 hours. Who is covered, what counts, and the 2025 proposal to change it.
Compliance
Which States Require Daily Overtime for Caregivers?
California, Alaska, Nevada and Colorado require overtime after a set number of hours in a day. What each rule says, with sources, and what it does to 10-, 12- and 24-hour shifts.
Compliance
Overtime for Caregivers Who Work for Two Clients in One Week
Hours for every client you assign a caregiver add up in one workweek. Over 40 is overtime at a weighted-average rate. How to calculate it and when a private family's hours count.
Compliance
Live-In Caregiver Pay: Sleep Time, Meal Breaks and the 24-Hour Rule
When an agency can exclude sleep and meal time from a live-in or 24-hour shift, what the written agreement must say, and what happens when sleep is interrupted.
These free tools are made by the team behind Caregiver Scheduling, caregiver scheduling software for home care agencies.
Simple pricing
From $199 /month
Up to 10 caregivers on Starter, 50 on Growth.
More than 50 caregivers? We'll put together a custom Scale plan for your agency.