North Dakota Prevailing Wage Calculator
Calculate total prevailing wage costs for North Dakota public works projects. Enter worker details, hours worked, and trade classification to estimate base wages, fringe benefits, and overtime premiums in compliance with North Dakota Century Code § 34-14.
Formulas Used
Prevailing Wage Rate:
Prevailing Wage Rate = Base Wage Rate + Fringe Benefit Rate
Regular Wage Cost (per worker, per week):
Regular Wage = Base Rate × Regular Hours
Overtime Wage Cost (per worker, per week):
Overtime Wage = Base Rate × 1.5 × Overtime Hours
(Fringe benefits are paid at straight time on all hours, including overtime, per USDOL Davis-Bacon guidance)
Fringe Benefit Cost (per worker, per week):
Fringe Cost = Fringe Rate × (Regular Hours + Overtime Hours)
Total Project Cost:
Grand Total = (Regular Wage + Overtime Wage + Fringe Cost) × Workers × Weeks
Effective All-In Hourly Rate:
Effective Rate = Grand Total ÷ Total Project Hours
Assumptions & References
- Prevailing wage rates are based on North Dakota Department of Labor and Human Rights published wage determinations (approximate 2024 figures; always verify current rates at nd.gov/labor).
- Overtime is calculated at 1.5× the base wage rate for all hours exceeding 40 per workweek, per the Fair Labor Standards Act (FLSA) and North Dakota Century Code § 34-14.
- Fringe benefits are applied at the straight-time rate for all hours worked (regular + overtime), consistent with U.S. Department of Labor Davis-Bacon Act guidance.
- North Dakota's prevailing wage law (NDCC § 34-14) applies to public works contracts exceeding $2,000 for construction, alteration, or repair of public buildings or public works.
- If fringe benefits are paid as "cash in lieu," the amount is included in the worker's taxable wages and subject to payroll taxes (FICA, FUTA, SUTA).
- If fringe benefits are paid to a bona fide benefit plan (health, pension, vacation fund), they are generally not subject to FICA/FUTA but must meet IRS and ERISA requirements.
- This calculator does not include employer payroll taxes (FICA ~7.65%, FUTA, ND SUTA), workers' compensation insurance, or general liability insurance — add 25–35% to labor costs for full burden estimates.
- Contractors must maintain certified payroll records and submit them to the contracting agency as required by NDCC § 34-14-06.
- Custom rate entries allow use of project-specific wage determinations issued by the contracting agency.
- This tool is for estimation purposes only. Consult the North Dakota Department of Labor and Human Rights or a licensed labor attorney for compliance guidance.
Federal construction contracts and federally assisted public works projects in North Dakota require contractors to pay workers the prevailing wage rate established for each labor classification in the county where work is performed. Failure to comply exposes contractors to back-wage liability, debarment from future federal contracts, and civil penalties—making accurate wage calculation a prerequisite before bidding, not an afterthought.
What Prevailing Wage Means in North Dakota
Prevailing wage, in the federal context, refers to the wage and fringe benefit rates determined by the U.S. Department of Labor under the Davis-Bacon and Related Acts. These rates reflect the wages paid to the majority of workers in a given classification within a specific geographic area—typically a county. For North Dakota, the Wage and Hour Division publishes county-specific wage determinations covering classifications that include carpenters, electricians, iron workers, laborers, operating engineers, and pipefitters, among others.
North Dakota does not maintain a separate state-level prevailing wage law for private projects. The North Dakota Century Code — Title 34 governs general labor standards, but state-specific prevailing wage mandates apply primarily to state-funded public works under statutory requirements coordinated with the North Dakota Department of Labor and Human Rights. Federal prevailing wage obligations arise whenever a project receives federal funding above the $2,000 contract threshold established under the Davis-Bacon Act (according to the U.S. Department of Labor).
Inputs Required for the Calculator
Accurate calculation requires five specific data points:
- County of project location — Wage determinations vary by county. A rate applicable in Cass County (home to Fargo) differs from rates in McKenzie County in the oil-producing Bakken region.
- Labor classification — Each trade carries a distinct base wage and fringe benefit rate. Electricians and plumbers typically carry higher rates than general laborers.
- Wage determination number — Retrieved from the official Wage Determinations Online database on SAM.gov. The determination number must match the contract award date.
- Hours worked per classification — Total straight-time and overtime hours must be tracked separately. Overtime under Davis-Bacon follows the Fair Labor Standards Act (FLSA) standard of 1.5× the base wage rate for hours exceeding 40 per workweek (according to 29 CFR Part 5).
- Fringe benefit delivery method — Contractors may satisfy fringe benefit obligations by paying the full fringe rate in cash, contributing to a bona fide benefit plan, or using a combination of both.
How Prevailing Wage Is Calculated
The total prevailing wage obligation per worker per week follows this structure:
Total Obligation = (Base Wage Rate × Straight-Time Hours) + (Base Wage Rate × 1.5 × Overtime Hours) + (Fringe Benefit Rate × All Hours Worked)
Fringe benefit rates apply to all hours worked, including overtime hours, but the fringe rate itself is not multiplied by the overtime premium factor. This distinction matters: on a 50-hour workweek, fringe benefits are owed on all 50 hours at the stated rate, while the overtime premium applies only to the 10 hours beyond 40 (according to the Congressional Research Service, CRS Report on Davis-Bacon Act Prevailing Wage Requirements).
Example Calculation — Cass County Carpenter
Using a hypothetical wage determination for Cass County showing a carpenter base wage of $32.50/hour and a fringe benefit rate of $14.20/hour, for a worker completing 46 hours in one workweek:
| Component | Calculation | Amount |
|---|---|---|
| Straight-time wages (40 hrs) | 40 × $32.50 | $1,300.00 |
| Overtime wages (6 hrs) | 6 × $32.50 × 1.5 | $292.50 |
| Fringe benefits (46 hrs) | 46 × $14.20 | $653.20 |
| Total weekly obligation | $2,245.70 |
The contractor must document this calculation on certified payroll records submitted weekly using U.S. Department of Labor Form WH-347 (according to the Wage and Hour Division).
Locating the Correct Wage Determination
Every federally funded contract in North Dakota must reference a specific wage determination number pulled from SAM.gov Wage Determinations. The determination is tied to the contract's solicitation date. If a contract is modified or extended by more than 20% of its original value, a new wage determination may be required under 29 CFR Part 5.
North Dakota has 53 counties. Wage determinations are not uniform across the state—rates in Burleigh County (Bismarck area) differ from those in Grand Forks County, and oil-patch counties such as Williams and Mountrail may carry different classifications reflecting local labor market conditions.
Certified Payroll and Recordkeeping
Contractors and subcontractors on Davis-Bacon covered projects must submit weekly certified payroll records for the duration of the project. These records must be retained for a minimum of 3 years after project completion (according to 29 CFR Part 5). The Wage and Hour Division conducts compliance investigations that can result in back-wage restitution orders and, for willful violations, debarment from federal contracts for up to 3 years.
FAQ
What is the Davis-Bacon Act contract threshold in North Dakota?
The Davis-Bacon Act applies to federal construction contracts valued at $2,000 or more (according to the U.S. Department of Labor). This threshold has not been indexed to inflation since the statute's original enactment.
Does North Dakota have its own prevailing wage law separate from federal requirements?
North Dakota does not have a "little Davis-Bacon" state prevailing wage statute comparable to those in states like Minnesota or California. Prevailing wage obligations on North Dakota public works are primarily triggered by federal funding tied to Davis-Bacon, with state labor standards governed under Title 34 of the North Dakota Century Code.
How often do wage determinations change?
The Wage and Hour Division updates wage determinations periodically based on wage surveys. A contractor must use the determination in effect on the date the contract was awarded, not the date work begins.
Are fringe benefits calculated on overtime hours?
Yes. Under 29 CFR Part 5, fringe benefits are owed on all hours worked, including overtime hours. Only the base wage portion receives the 1.5× overtime multiplier.