Under these laws, most employees should receive compensation at a rate of 1.5x their standard pay for working more than 40 hours in a single workweek. However, the law isn’t always easy to clear as there are exceptions and confusions. This is why it’s important to take the time to make sure you’re being properly compensated for the hard work you put in by better understanding the federal and state overtime laws.
Overtime Law Summary for North Carolina
The table below provides an overview of overtime law in North Carolina.
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Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified North Carolina attorney or complete your own research to verify the local and federal laws for accuracy.
What Are North Carolina’s Overtime Laws?
Both state and federal laws govern overtime pay. The Fair Labor Standards Act (FLSA) of 1938 is the federal law that sets the minimum for the treatment of employees by employers. The law also sets restrictions on child labor and minimum wages.
Under North Carolina law, overtime pay is also set to 1.5x the standard rate of pay for any hours worked over 40 in one workweek (regardless of the pay periods). Seasonal amusement works and those who work in recreational businesses are entitled to overtime after working 45 hours in a single workweek as well. Daily overtime, based on working longer than 8 hours a day, is not provided.
How Much Overtime Can Tipped Employees Earn?
North Carolina wage laws also govern tipped employees. Employers in the state can take a wage credit that applies to the payment of the minimum wage. This credit is based on the tips their employees earn. Employers then calculate the regular hourly rate by including both the employee’s cash wage and the tip credit. Employers cannot pay overtime based on a rate lower than the federal minimum wage, however.
Are Salaried Employees Eligible for Overtime?
If you are a salaried employee who works more than 40 hours in a week, then you can still be entitled to overtime pay. There are exceptions made for executives, managers, and supervisors (those charged with the duty of supervising employees and receive a minimum salary of $455). These types of employees are exempt from the FLSA.
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.