{"id":375457,"date":"2017-08-31T12:43:51","date_gmt":"2017-08-31T17:43:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-overtime-laws.html"},"modified":"2022-12-27T15:30:09","modified_gmt":"2022-12-27T20:30:09","slug":"north-carolina-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-overtime-laws.html","title":{"rendered":"North Carolina Overtime Laws"},"content":{"rendered":"\n
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North Carolina Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When you work hours that exceed a normal 40-hour workweek, you may be entitled to extra compensation for giving up some of your free time. It depends on several factors, however, including your exemption status. Both federal and North Carolina laws require employers to pay overtime<\/a> equal to 1.5 times an employee’s normal rate (assuming they’re qualified). Certain types of employees, particularly certain professionals paid an annual salary, are exempt from overtime rules.<\/p>\r\n

Learn about North Carolina overtime laws below, including eligibility rules and the manner in which overtime pay is calculated.<\/p>\r\n

Overtime in North Carolina<\/h2>\r\n

The rules governing overtime pay are based on federal laws contained in the Fair Labor Standards Act (FLSA)<\/a> of 1938, in addition to some state guidance. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay. North Carolina follows federal law in requiring employers to pay "time and a half" for all hours worked after the first 40 in a week.<\/p>\r\n

If you work for a seasonal amusement or recreational business, overtime is due only for hours in excess of 45 per workweek. In North Carolina, overtime pay is based on the hours worked each workweek and not by the number of hours worked each day or the number of days worked. Each workweek stands on its own regardless of the length of the pay periods.<\/p>\r\n

North Carolina Overtime Laws: The Basics<\/h2>\r\n

Were you denied overtime? It depends, but understanding the law and how it applies to your situation is the first step. It’s not always easy to digest the dense language used in statutes, which is why we’ve summarized the law for you in plain English below.<\/p>\r\n\r\n

State and Federal Statutes<\/b><\/p>\r\n<\/td>\r\n

Overtime Calculation Methods:<\/b><\/p>\r\n<\/td>\r\n

Hourly<\/i><\/b>: Pay time and a half over 40 hours work\/week.<\/p>\r\n

Hourly Plus Bonus and\/or Commission<\/i><\/b>: Regular rate = total hours times hourly rate plus the workweek equivalent of the bonus and\/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.<\/p>\r\n

Salary<\/i>:<\/b> Regular rate = Salary divided by the number of hours the salary is intended to compensate.<\/p>\r\n

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  • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.<\/li>\r\n
  • If the regular hours = 40: pay time and a half for hours over 40.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

North Carolina Overtime Rules<\/b><\/p>\r\n<\/td>\r\n

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  • Required over 40 hours at a rate of 1.5 time standard pay<\/li>\r\n
  • Seasonal amusement or recreation employees receive overtime after 45 hours worked<\/li>\r\n
  • "Comp" time allowed for government employees<\/li>\r\n
  • No mandatory overtime for working over 8 hours a day<\/li>\r\n
  • 2-year statute of limitation for collecting unpaid overtime.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Filing a Wage Complaint<\/b><\/p>\r\n<\/td>\r\n