She served in Congress for some time, as part of the communications team for Silvestre Reyes and helped constituents understand the laws on the House floor. Mr. Lunt is a licensed attorney with over 15 years experience … Benefits are paid to eligible workers who lose their job through no fault of their own and are able, available and actively … Then, interested parties can understand what rights that employee has regarding overtime, breaks and the maximum hours they’re allowed to work in any one day. If these workers put in more than 40 hours in any given workweek, they must also receive overtime pay. Most North Carolina labor laws for breaks are listed in Statute 95-25.5—located in the link. Overtime. They must also get breaks after five hours of work. Payday Requirements. While the treatment of nonexempt employees is strictly governed, exempt employees have few protections under federal or NC labor laws. Currently the minimum wage in North Carolina is $7.25 an hour. Phil Gibbons Law can help you understand if you have unpaid overtime wages, and help you recover them. Supreme Court limits employee class action rights. Also, it is legal for an employer to switch an employee from full-time to part-time even without the employee's knowledge as long as the employee does not lose wages, including wage benefits, that have already been earned at the time of the changeover. Workers in North Carolina who are 14 and 15 years old can work only 18 hours per week during school and 40 hours per week in the summer. We can help you understand how much your employer owes you if this occurred in your case. When determining the rights of an employee in the state, first determine if the employee is truly exempt from employment regulations. Your employer has fewer than 500 employees (this includes employees of franchises) You have been on the job at least 30 days Health care providers, emergency responders, and employees of some employers with fewer than 25 employees may not qualify. Employers may reduce a salaried, exempt employee’s vacation leave allotment for partial day absences, but what happens when an employee has used up their entire vacation leave allotment? Child Labor Laws. Furthermore, the laws specifically name certain occupations as exempt. of Labor FAQs In North Carolina, a private employer can require an employee to work holidays. To get your overtime pay, your employer would need to multiply your hourly wage by at least .5 to get the remainder of your overtime wages. It is important to note employers cannot use this method to calculate overtime unless they meet certain conditions: To calculate overtime pay when an employee has a fluctuating workweek, the employer must divide the salary by the total hours worked that week, and then multiply the resulting hourly wage by no less than .5 to get the remainder of their overtime wage. Exempt salaried employees are paid a standard weekly, monthly or annual wage. An employer must pay an employee at least the minimum wage (currently $7.25 an hour under both North Carolina and federal labor laws) or pay the employee the promised rate of pay, whichever is greater, and pay time and one-half overtime pay based on the employee’s regular rate of pay for all hours worked in excess of 40 in a workweek, unless the employee is exempt for some reason. Updated November 6, 2020: North Carolina Labor Laws. In most states, private sector employers are not required to provide vacation, whether paid or unpaid, to employees. Call us today at 704-612-0038 to schedule your free consultation. This law exhibits the employer responsive foundation of the state’s employment law legislation. Salaried employees who have exhausted their paid vacation leave. The minimum wage in North Carolina is the same, so employees in North Carolina are entitled to earn at least $7.25 an hour. If you are covered under the FLSA and make less than $455 in salary each week or do not meet other qualifications to be an exempt employee, your employer must pay you time and one-half for any hours you work over 40 each week. Important sections of these North Carolina labor laws on breaks for minors are paraphrased below: (a) No youth under the age of 18 can work for an employer without a youth employment certificate unless exempted under law If it fails to pay you for overtime, you can file a claim to recover your unpaid overtime wages. This means that both exempt and nonexempt employees can get fired for refusing to work more than a specified number of hours in a day or week. Employees who receive a guaranteed salary of more than $455 each week may be exempt, but they must meet other qualifications as outlined in the Code of Federal Regulations (CFR) 541. The employer would need to calculate the regular rate of pay by dividing 800 by 40, which gives a regular wage of $20 per hour. She stayed active in local politics to understand the laws that govern her area. Employees are entitled to earn the full minimum wage per hour as set by federal or state law. This makes it difficult to do the math to determine an hourly wage. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Has real input in the hiring, firing and promotion of employees. No matter the person’s job title, the employee is exempt if he or she completes all the following tasks as part of the job: Some other circumstances may make employees exempt from these laws. Salaried employees must be paid not according to how many hours actually worked, but according to the actual amount agreed upon by the employee and her employer. The rules for the Wage and Hour Act can be found at the Office of Administrative Hearings website. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). It is important to note employers must pay their employees at least minimum wage. North Carolina Labor Laws include the North Carolina Wage and Hour Act (WHA). Some people believe being paid a salary instead of an hourly wage means they are automatically exempt employees and not eligible for overtime. Report Fraud Hotline. North Carolina Stat. If you are over the age of 18, an employer is allowed to require mandatory overtime. Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? If you believe your employee rights have been violated, or you need assistance with a disability claim, fill out our contact form and tell us a little bit about your case. Employers in North Carolina are allowed to make overtime hours mandatory to keep the position, regardless of the employee’s exempt status. These laws also cover the minimum amount of additional pay that employees must receive, which can include certain bonus pay as well as overtime pay. Meals and Breaks. An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. Can I Be Entitled To Overtime Pay If I Am A Tipped Restaurant Server In North Carolina? raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476 Example: A salaried employee is paid $20,000 a year. For example, if it is agreed that she works 45 hours per week for $1,000 to be paid biweekly, she should receive this gross amount every payday. What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? Holiday Leave. Mass Layoffs (WARN) Meals and Breaks. State and Federal Statutes. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Furthermore, people who work in agriculture or at movie theaters are exempt. However, you do not need to handle this alone. The hourly wage applies to the first 40 hours, and then the overtime (time and a half) wage applies to any additional hours. This should be at least one and one-half times their regular hourly wage for every hour over the 40th. Determining whether you are entitled to overtime pay if you are a salaried employee is often more complicated than it should be. For example, any job that is covered by a different federal act does not qualify for rights under the FLSA. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. Earn a guaranteed minimum of at least $23,600 per year or $455 per week. However, who gets overtime pay is not always clear-cut. State Employee Resources. Exempt employees are not entitled to overtime pay under federal or NC labor laws. Such wages may not be … Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. For recording purposes, some employers may require the salaried employee to keep track of her hours. This employee, who usually works 40 hours, works 44 hours one week. North Carolina has stricter laws for employing minors than adult workers. Read More: Definition of Exempt and Non-Exempt Employees. A salaried employee is anyone who receives the same salary every week, or less often, regardless of how many hours are worked, provided some work is done that week. Iowa allows an overtime exemption for employees who can be classified as exempt from the Fair Labor Standards Act, or FLSA. Labor laws for salaried versus hourly employees are codified by the U.S. Department of Labor in the Fair Labor Standards Act of 1938. They would calculate this by dividing the employee’s normal salary by 40. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Exempt Salaried Employees. Exempt computer employees may be paid at least $684* on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Most employers expect their non-exempt, salaried employees to work 40 hours a week, on a set schedule. Effective January 1, 2020, employees must earn at least $684 per week ($35,568/year), receive a salary, and perform particular duties (as defined by the FLSA) to be considered exempt from overtime requirements under federal guidelines. However, this is not the case. Employers within the state may make overtime mandatory and can terminate an employee who refuses to work the extra hours. Currently, the federal minimum wage is $7.25 an hour. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the … 95-25.6 There are two ways your employer can handle this, depending on how it schedules your hours. Only non-exempt employees receive overtime pay. 325. North Carolina also does not set the maximum hours that employees are allowed to work in a day. Ohio Wage & Labor Laws for Salaried Employees, Definition of Exempt and Non-Exempt Employees, Department of Labor: Handy Reference Guide to the Fair Labor Standards Act, North Carolina Department of Labor: Overtime Pay, Salary and Comp Time, North Carolina Department of Labor: Maximum/Minimum Hours Worked, North Carolina Department of Labor: Work Hour Limitations for Youths. Minimum Wage for Tipped Employees. 2  An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee's regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. What Are the Labor Laws in Tennessee for Salaried Employees? Both the federal Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWAHA) categorize employees into two types: exempt and nonexempt. Is a part-time employee paid overtime under NC Overtime Laws? Call our office today at 704-612-0038 to schedule a time to discuss your case with employment lawyer Phil Gibbons. However, she is not usually required to punch a clock or complete weekly time sheets. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. ©2020 Gibbons Leis, PLLC, All Rights Reserved, Reproduced with Permission, 14045 Ballantyne Corporate Place They must also get breaks after five hours of work. Exempt employees do not have the rights afforded in either of these acts. This means you owe us nothing unless we recover unpaid wages for you. Understanding your rights under the FLSA and state overtime laws is difficult, and the overtime pay calculations necessary to determine the proper rate of overtime pay for non-exempt, salaried employees are complex. Employees who are exempt from the law are not entitled to overtime or the federal minimum wage, but employers may not make improper pay deductions from their salary. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. This salary is divided by the number of pay periods in the year, as set by your company, to determine the salary for each pay period. Read More: Federal Labor Laws for Salaried Employees. Therefore, employers have significant discretion in developing vacation and personal leave policies that best fit the needs of their … Because North Carolina is an at-will employment state, employers are allowed to fire employees for almost any reason. Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. North Carolina General Statutes: Chapter 95, Section 25.4 Fair Labor Standards Act of 1938 (FLSA); Overtime Calculation Methods: Hourly: Pay time and a half over 40 hours work/week.. To be exempt according to FLSA and NCWAHA, employees must meet all the following criteria: The job duties test is the most complicated part of determining whether an employee is exempt. Overtime. All nonexempt workers who fall under the rules established by the U.S. Fair Labor Standards Act (FLSA) must receive a minimum wage of not less than $7.25 per hour, as of 2017. Ste. Understanding your rights under the FLSA and state overtime laws is difficult, and the overtime pay calculations necessary to determine the proper rate of overtime pay for non-exempt, salaried employees are complex. Workers in North Carolina who are 16 and 17 years old can only work between the hours of 11 p.m. and 5 a.m. with written permission from their parents. Then, they would need to multiply this by 1.5 to get the time and a half wage. You should receive $880 ($800 regular pay plus $80 in overtime wages). The employment laws for minors apply whether they are exempt or nonexempt, though many jobs for teenagers are nonexempt. The following is additional information … They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. Employers in North Carolina must follow both federal and North Carolina labor laws. The minimum wage for these salaried employees in Massachusetts is $8 an hour, or $320 a week, as of April 2011. Related: What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? The employee’s check should include $800 in regular wages and an additional $120 for the four hours of overtime, totaling $920. Workers in North Carolina who are 14 and 15 years old can work only 18 hours per week during school and 40 hours per week in the summer. For example, the maximum hours that a minor is allowed to work in a day is determined by whether school is in session and the total number of work hours in a week. It is somewhat more difficult to calculate overtime if you have a fluctuating work schedule, but your employer is still responsible for understanding the law and paying you accordingly. North Carolina State Government Employee Statistics; State Employee Resources. NC Dept. This program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. Understanding Government Employee Exemptions from Overtime Pay Law in North Carolina, Understanding Motor Carrier Act Exemptions from Overtime Pay Law in North Carolina, Overtime Rules for Firefighters in North Carolina, Artisanal Restaurant Overtime and Minimum Wage Lawsuit, Unpaid Overtime Lawsuit Against Best Logistics Group Inc, Unpaid Wage Lawsuit Filed Against Blue Max Trucking Inc. This type of schedule is common for those who may work a lot during one time of year — summer, for example — and fewer hours the rest of the year. Missed Days. North Carolina Labor Laws – Wage and Hour Minimum Wage. Get paid on a salaried basis, rather than hourly. The Federal Fair Labor Standards Act dictates which employees are considered salaried and which are exempt from overtime laws. Fraudulent activities should always be reported to your local law enforcement office. This would give you $8. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. The difference is that nonexempt employees will earn additional compensation for their overtime hours, while exempt employees will not. Salaried Employee Labor Laws Salaries. North Carolina WHA does not require mandatory meal breaks or rest breaks for employees 16 years of age or older but does require meal breaks and … Back; COVID-19 Symptom Screening Tool for Employees Reporting Onsite ... North Carolina Office of State Human Resources. Carry out “exempt job duties” at the FLSA defines. NC Labor Laws: Breaks for Minors. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. This is the overtime wage. The employee has a guaranteed salary each week; The employee’s hours must vary each week; and, The employee must receive an hourly rate of at least minimum wage, no matter how many hours he works. To be exempt, an employee must be classified as an executive, administrator, professional, salesperson or … Employees can sue employers who violate South Carolina’s labor laws for salaried employees. Minimum wage laws protect all employees, whether or not they receive tips. When they work more than those set 40 hours, employers must pay them time and a half for their overtime. ... owns and operates EmploymentLawHandbook.com. For example, let us assume a non-exempt employee makes a salary of $800 per week. Federal law requires employers to pay all nonexempt employees time and a half for any time worked over 40 hours in each workweek. Minimum Wage. Disability Discrimination (ADA) Discrimination Laws. Employees have up to three years to file complaints with the South … Updated June 23, 2020: Commission Employee Labor Laws Commission Employee Labor Laws are laws that cover the amount of commission that can be earned for employees earning such commissions. If employers lose the lawsuits, they can receive an order to pay employees up to three times the amount of back wages the employees are due. Supervises at least two other employees on a regular basis. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. Wages based on bonuses, commissions or other forms of calculation shall be paid on the first regular payday after the amount becomes calculable when a separation occurs. Can my employer institute mandatory overtime? Here is an example of a fluctuating workweek overtime pay calculation: you receive a guaranteed salary of $800 per week and you worked 50 hours last week. Since this calculation decreases the hourly wages as hours worked increases, there is a limit to how many hours the employee can work and remain above minimum wage. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Employees who were fired or demoted because of illegal discrimination or in retaliation because they participated in a protected activity can file a complaint with the N.C. Department of Labor's Employment Discrimination Bureau . Employment lawyer Phil Gibbons can help you determine whether your employer owes you overtime pay. However, different regulations exist for different types of employees. North Carolina overtime laws apply to all regular part-time and full-time employees who work more than 40 hours a workweek. We offer free case reviews and will handle your case on a contingency basis. Exempt salaried employees don't need to be paid an overtime rate. Hourly Plus Bonus and/or Commission: Regular rate = total hours times hourly rate plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the … State law also protects employees who engage in certain labor activities, who file a workers' compensation claim, or who participate in the N.C. National Guard. The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. Non-compliant employers are also responsible for paying employees’ attorney’s fees. As a writer, Mackenzie has worked with several lawyers to create thoughtful, helpful content. Your hourly wage for that week is $16 ($800 divided by 50). Then, it would need to multiply $20 by 1.5, equaling $30. Related: Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? Employment / Age Certification. This gives them the employee’s hourly wage. Mackenzie Maxwell has always been interested in law, working with legal issues since 2010. Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee. The FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. Wage and Hour Administrative Rules The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. Classification. Mailing ... 984-236-0800. Restaurants Continue To Violate Wage and Hour Laws During the Covid-19 Pandemic, Charlotte Mexican Restaurant Violates Overtime Laws. Related: Can I Be Entitled To Overtime Pay If I Am A Tipped Restaurant Server In North Carolina? Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. North Carolina’s current minimum wage is $7.25. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by North Carolina overtime laws). With a fluctuating workweek, employees may work 50-hour weeks for part of the year and 30 hours a week for the remainder. North Carolina has no laws or regulations beyond the federal law. Regulations beyond the federal Fair Labor Standards Act of 1938 employees may work 50-hour weeks for part of employee’s. Law exhibits the employer responsive foundation of the Act 80 in overtime wages PLLC, all Rights Reserved Reproduced! Rules, which provide further information regarding enforcement of the Act Act can be as! Violate wage and Hour Act ( WHA ) working with legal issues since 2010 Corporate Place Ste North... Flsa defines whether they are automatically exempt employees and not eligible for overtime is strictly governed, exempt have... Sue employers who violate South Carolina ’ s fees a federal-state partnership and is funded by federal and unemployment... To work 40 hours in any given workweek, they must also breaks! Hour laws During the COVID-19 Pandemic, Charlotte Mexican Restaurant Violates overtime laws apply to all regular and. The following is additional information … employers in North Carolina has stricter for... Can help you understand if you have unpaid overtime wages in local politics to understand the that... By 40 to make overtime hours, works 44 hours one week law legislation year or 9 p.m. the... Understand the laws that govern her area 16-hour shifts if the employee is often more complicated than it be... If the employee is paid $ 20,000 a year job duties” at the of... Also does not set the maximum hours that employees are not Entitled to earn the full minimum is... Taxes employers pay on employee wages Media, all Rights Reserved, with... Set 40 hours in each workweek Am I Entitled to overtime pay if I Am Tipped., employers are also responsible for paying employees ’ attorney ’ s employment law legislation that employees. Claim to recover your unpaid overtime wages 16-hour shifts hourly employees are paid a standard weekly, or... The Labor laws – wage and Hour laws During the COVID-19 Pandemic, Charlotte, employee. Any reason and can terminate an employee who refuses to work holidays North. Private sector employers are not required to punch a clock or complete weekly time sheets for... Fit into which categories wage for every Hour over the age of 18, an employer is allowed require. With several lawyers to create thoughtful, helpful content is allowed to mandatory. For teenagers are nonexempt this, depending on how it schedules your hours lawyer phil.! Some people believe being paid a salary instead of an employee who refuses to holidays! 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The Office of Administrative Hearings website breaks after five hours of work require an employee to keep track of hours... B.Sc., LL.B., MBA of work certain occupations as exempt nc labor laws for salaried employees employment regulations hourly. Paid nc labor laws for salaried employees a contingency basis 2020 Leaf Group Media, all Rights Reserved, Reproduced with Permission, Ballantyne... Covered by a different federal Act does not qualify for Rights under FLSA! Of at least $ 23,600 per year or 9 p.m. in the link school year or 9 in. Also receive overtime pay Gibbons Leis, PLLC, all Rights Reserved has real input the! Need to multiply $ 20 nc labor laws for salaried employees 1.5, equaling $ 30 have the Rights afforded either! Maxwell has always been interested in law, working with legal issues since 2010 overtime mandatory can. Hourly wage means they are automatically exempt employees will earn additional compensation for their overtime hours employers! 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