{"id":375496,"date":"2019-05-08T10:18:42","date_gmt":"2019-05-08T15:18:42","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/north-carolina-law\/north-carolina-wage-and-hour-laws.html"},"modified":"2026-10-05T09:43:57","modified_gmt":"2026-10-05T14:43:57","slug":"north-carolina-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-wage-and-hour-laws.html","title":{"rendered":"North Carolina Wage and Hour Laws"},"content":{"rendered":"\n
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North Carolina Wage and Hour Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, 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\n\n

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Key Takeaways<\/h2>\n

The North Carolina <\/span>Wage and Hour Act<\/span> covers employment matters throughout the state. North Carolina employment laws mirror the federal Fair Labor Standards Act<\/span> regarding minimum wage<\/span>, hourly pay, overtime<\/span> pay<\/span>, and other important employment issues.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Both federal and state law protect workers in North Carolina. The North Carolina Department of Labor<\/span><\/a> (NCDOL) enforces the\u00a0Wage and Hour Act<\/span>\u00a0and other state and federal laws on\u00a0wage payment<\/span>\u00a0and other employment matters. Workers with complaints about\u00a0unpaid wages<\/span>\u00a0or other concerns can file with the NCDOL or contact a North Carolina employment law attorney<\/a>.<\/p>\n

North Carolina Wage and Hour Laws<\/h2>\n

The North Carolina <\/span>Wage and Hour Act<\/span><\/a> outlines the state\u2019s laws regarding wages, pay periods<\/span>, and other employment laws. North Carolina law provides little additional protection beyond the federal Fair Labor Standards Act<\/span><\/a> (FLSA<\/span>).<\/p>\n

Wages and Overtime<\/span><\/h3>\n

North Carolina’s\u00a0minimum wage<\/span>\u00a0is $7.25 per hour, which matches the federal <\/span>minimum wage<\/span>. Under North Carolina\u2019s law, \u201cwages\u201d includes hourly pay, bonuses<\/span>, vacation pay<\/span>, and other promised wages<\/span> or compensation described in the employee\u2019s hiring agreement or contract. Employers can pay more than the minimum wage<\/span>, but not less.<\/p>\n

Tipped employees<\/span> can receive $2.13 per hour as long as their combined wages and tips equal the hourly minimum wage<\/span> of $7.25. Employers must notify tipped employees<\/span> in advance of their intention to use a tip credit<\/span> when using this method.<\/p>\n

North Carolina allows tip pooling<\/span>, but imposes a strict 15% cap. This means employees must retain at least 85% of their own tips. Only front-of-house workers (waitstaff, bussers, bartenders) can receive tips.<\/p>\n

Overtime<\/span> pay<\/span><\/a> is calculated on any hours worked<\/span> over 40 hours per week, not hours per day. Overtime<\/span> is paid at one-and-one-half the employee\u2019s regular rate of pay<\/span>. Some salaried employees are entitled to receive overtime<\/span> pay<\/span> if they meet certain requirements. Independent contractors<\/span>, executives, and some volunteer workers are exempt from overtime<\/span> requirements.<\/p>\n

Meals, Breaks, and Sick Leave<\/span><\/h3>\n

The North Carolina <\/span>Wage and Hour Act<\/span> doesn\u2019t require private employers to provide sick leave<\/span> or paid break time. If an employer agrees to provide paid\u00a0meal breaks<\/span>\u00a0or leave and then fails to do so, employees can file complaints with the\u00a0N.C. Department of Labor<\/span>\u00a0to enforce the contract.<\/p>\n

The Federal Family and Medical Leave Act (FMLA)<\/a> guarantees all eligible employees up to 12 weeks of unpaid leave in any 12-month period to care for their own serious illness or that of another family member, or following the birth or adoption of a child. To be eligible, an employee must have worked 1250 hours for a covered employer in the preceding 12 months.<\/p>\n

Employers are not legally required to give workers time off to vote. North Carolina prevents employers from demoting or firing employees who serve on a jury.<\/p>\n

Child Labor<\/span><\/h3>\n

All minor workers must obtain a Youth Employment Certificate<\/span><\/a> before they can begin work. Children under 14 are prohibited from working in most public and private employment. Minor workers can begin non-agricultural employment at age 14. Minors under 18 can\u2019t work in dangerous or \u201cdetrimental\u201d occupations.<\/p>\n

When school is in session, 14- and 15-year-old students can work up to three hours per day on school days, to a maximum of 18 hours per workweek<\/span>. They may work only between 7 a.m. and 7 p.m. Children aged 14 and 15 must receive a 30-minute break after five hours. Students aged 16 and 17 can\u2019t work between 11 p.m. and 5 a.m. if school is the following day without written authorization<\/span> from their parents and the school principal.<\/p>\n

When school is not in session, minors may work up to eight hours per day, to a maximum of 40 hours per week. Evening hours are extended to 9 p.m. Summer is considered June 1 through Labor Day.<\/p>\n

Pay Periods<\/span> and Final Paychecks<\/h3>\n

Private employers can choose the pay period<\/span>, whether they want to pay daily, weekly, semi-weekly, or monthly. Employers must notify employees of all deductions from wages<\/span> or changes to their paychecks. Employees can find all wage and hour regulations on the state department of labor website<\/a>.<\/p>\n

Bonuses<\/span>, commissions<\/span>, and other promised benefits are considered wages. They don\u2019t need to be paid on each regular payday<\/span>, but they must be paid according to the employer-employee agreement. For instance, if the agreement was that bonuses<\/span> would be paid monthly, they must appear on the final check each month.<\/p>\n

Employers must pay final paychecks on or before the next regular payday<\/span>. Bonuses<\/span> and commissions<\/span> must be paid on the first regular payday<\/span> after they are calculated.<\/p>\n

Research the Law<\/h2>\n