Is a part-time employee paid overtime under NC Overtime Laws? 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. Can my employer institute mandatory overtime? When determining the rights of an employee in the state, first determine if the employee is truly exempt from employment regulations. Employers within the state may make overtime mandatory and can terminate an employee who refuses to work the extra hours. 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). Labor laws for salaried versus hourly employees are codified by the U.S. Department of Labor in the Fair Labor Standards Act of 1938. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. 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. Call us today at 704-612-0038 to schedule your free consultation. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. 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. Some people believe being paid a salary instead of an hourly wage means they are automatically exempt employees and not eligible for overtime. Phil Gibbons Law can help you understand if you have unpaid overtime wages, and help you recover them. Minimum wage laws protect all employees, whether or not they receive tips. 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. Exempt employees are not entitled to overtime pay under federal or NC labor laws. 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. 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. Determining whether you are entitled to overtime pay if you are a salaried employee is often more complicated than it should be. Missed Days. North Carolina’s current minimum wage is $7.25. In most states, private sector employers are not required to provide vacation, whether paid or unpaid, to employees. 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. 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. Classification. North Carolina has stricter laws for employing minors than adult workers. 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. Disability Discrimination (ADA) Discrimination Laws. Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? Furthermore, the laws specifically name certain occupations as exempt. 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. State Employee Resources. The FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. 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. There are two ways your employer can handle this, depending on how it schedules your hours. Meals and Breaks. 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. Federal law requires employers to pay all nonexempt employees time and a half for any time worked over 40 hours in each workweek. Related: Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? This makes it difficult to do the math to determine an hourly wage. 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. 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. Overtime. Supervises at least two other employees on a regular basis. We offer free case reviews and will handle your case on a contingency basis. Ste. 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. 95-25.6 Salaried Employee Labor Laws Salaries. 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. Wage and Hour Administrative Rules The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. Iowa allows an overtime exemption for employees who can be classified as exempt from the Fair Labor Standards Act, or FLSA. As a writer, Mackenzie has worked with several lawyers to create thoughtful, helpful content. The employee’s check should include $800 in regular wages and an additional $120 for the four hours of overtime, totaling $920. The hourly wage applies to the first 40 hours, and then the overtime (time and a half) wage applies to any additional hours. Back; COVID-19 Symptom Screening Tool for Employees Reporting Onsite ... North Carolina Office of State Human Resources. Most employers expect their non-exempt, salaried employees to work 40 hours a week, on a set schedule. However, this is not the case. 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 … Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Because North Carolina is an at-will employment state, employers are allowed to fire employees for almost any reason. If you are over the age of 18, an employer is allowed to require mandatory overtime. 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. 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. Overtime. The minimum wage for these salaried employees in Massachusetts is $8 an hour, or $320 a week, as of April 2011. 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. You should receive $880 ($800 regular pay plus $80 in overtime wages). If it fails to pay you for overtime, you can file a claim to recover your unpaid overtime wages. Carry out “exempt job duties” at the FLSA defines. 2  This would give you $8. The difference is that nonexempt employees will earn additional compensation for their overtime hours, while exempt employees will not. 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 . While the treatment of nonexempt employees is strictly governed, exempt employees have few protections under federal or NC labor laws. 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? The following is additional information … 325. 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.. Only non-exempt employees receive overtime pay. North Carolina Stat. An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. Mass Layoffs (WARN) Meals and Breaks. 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. Restaurants Continue To Violate Wage and Hour Laws During the Covid-19 Pandemic, Charlotte Mexican Restaurant Violates Overtime Laws. 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 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. 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. Exempt employees do not have the rights afforded in either of these acts. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). 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. Benefits are paid to eligible workers who lose their job through no fault of their own and are able, available and actively … Has real input in the hiring, firing and promotion of employees. Earn a guaranteed minimum of at least $23,600 per year or $455 per week. Employment / Age Certification. Employees have up to three years to file complaints with the South … Your hourly wage for that week is $16 ($800 divided by 50). 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. This employee, who usually works 40 hours, works 44 hours one week. This is the overtime wage. Employers in North Carolina must follow both federal and North Carolina labor laws. 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 … Furthermore, people who work in agriculture or at movie theaters are exempt. North Carolina Labor Laws – Wage and Hour Minimum Wage. Employment lawyer Phil Gibbons can help you determine whether your employer owes you overtime pay. They must also get breaks after five hours of work. 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