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. NC Labor Laws: Breaks for Minors. Related: Can I Be Entitled To Overtime Pay If I Am A Tipped Restaurant Server In North Carolina? 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 … Employers in North Carolina must follow both federal and North Carolina labor laws. This should be at least one and one-half times their regular hourly wage for every hour over the 40th. 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. Back; COVID-19 Symptom Screening Tool for Employees Reporting Onsite ... North Carolina Office of State Human Resources. 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. Minimum Wage. Child Labor Laws. Supervises at least two other employees on a regular basis. When determining the rights of an employee in the state, first determine if the employee is truly exempt from employment regulations. This makes it difficult to do the math to determine an hourly wage. Employers in North Carolina are allowed to make overtime hours mandatory to keep the position, regardless of the employeeâs exempt status. She stayed active in local politics to understand the laws that govern her area. Mr. Lunt is a licensed attorney with over 15 years experience … Updated November 6, 2020: North Carolina Labor Laws. 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. The employee has a guaranteed salary each week; The employeeâs 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. 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. The hourly wage applies to the first 40 hours, and then the overtime (time and a half) wage applies to any additional hours. Mass Layoffs (WARN) Meals and Breaks. North Carolina has stricter laws for employing minors than adult workers. Exempt salaried employees don't need to be paid an overtime rate. Most North Carolina labor laws for breaks are listed in Statute 95-25.5—located in the link. Report Fraud Hotline. Most employers expect their non-exempt, salaried employees to work 40 hours a week, on a set schedule. Mackenzie Maxwell has always been interested in law, working with legal issues since 2010. 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. In most states, private sector employers are not required to provide vacation, whether paid or unpaid, to employees. While the treatment of nonexempt employees is strictly governed, exempt employees have few protections under federal or NC labor 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 FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. 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. 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. Currently, the federal minimum wage is $7.25 an hour. 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 . Restaurants Continue To Violate Wage and Hour Laws During the Covid-19 Pandemic, Charlotte Mexican Restaurant Violates Overtime Laws. This type of schedule is common for those who may work a lot during one time of year â summer, for example â and fewer hours the rest of the year. 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. 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. Related: What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? When they work more than those set 40 hours, employers must pay them time and a half for their overtime. Call us today at 704-612-0038 to schedule your free consultation. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Missed Days. An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. The following is additional information … For example, let us assume a non-exempt employee makes a salary of $800 per week. 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.. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. It is important to note employers must pay their employees at least minimum wage. The employment laws for minors apply whether they are exempt or nonexempt, though many jobs for teenagers are nonexempt. This program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. Federal law requires employers to pay all nonexempt employees time and a half for any time worked over 40 hours in each workweek. Supreme Court limits employee class action rights. Such wages may not be … Call our office today at 704-612-0038 to schedule a time to discuss your case with employment lawyer Phil Gibbons. Fraudulent activities should always be reported to your local law enforcement office. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Wage and Hour Administrative Rules The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. The Federal Fair Labor Standards Act dictates which employees are considered salaried and which are exempt from overtime laws. Phil Gibbons Law can help you understand if you have unpaid overtime wages, and help you recover them. As a writer, Mackenzie has worked with several lawyers to create thoughtful, helpful content. Employees have up to three years to file complaints with the South … However, who gets overtime pay is not always clear-cut. Ste. Some people believe being paid a salary instead of an hourly wage means they are automatically exempt employees and not eligible for overtime. The minimum wage in North Carolina is the same, so employees in North Carolina are entitled to earn at least $7.25 an hour. Therefore, employers have significant discretion in developing vacation and personal leave policies that best fit the needs of their … 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. Minimum wage laws protect all employees, whether or not they receive tips. ... owns and operates EmploymentLawHandbook.com. No matter the personâs 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. 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 law exhibits the employer responsive foundation of the state’s employment law legislation. Meals and Breaks. Overtime. 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. Earn a guaranteed minimum of at least $23,600 per year or $455 per week. North Carolina also does not set the maximum hours that employees are allowed to work in a day. Has real input in the hiring, firing and promotion of employees. Non-compliant employers are also responsible for paying employees’ attorney’s fees. 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 North Carolina Labor Laws include the North Carolina Wage and Hour Act (WHA). Is a part-time employee paid overtime under NC Overtime Laws? They would calculate this by dividing the employeeâs normal salary by 40. 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 … 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. Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. 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. Example: A salaried employee is paid $20,000 a year. 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. The employeeâs check should include $800 in regular wages and an additional $120 for the four hours of overtime, totaling $920. 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. The difference is that nonexempt employees will earn additional compensation for their overtime hours, while exempt employees will not. 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? Then, it would need to multiply $20 by 1.5, equaling $30. 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. Employment lawyer Phil Gibbons can help you determine whether your employer owes you overtime pay. Can my employer institute mandatory overtime? Exempt salaried employees are paid a standard weekly, monthly or annual wage. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. With a fluctuating workweek, employees may work 50-hour weeks for part of the year and 30 hours a week for the remainder. Classification. For example, any job that is covered by a different federal act does not qualify for rights under the FLSA. We offer free case reviews and will handle your case on a contingency basis. North Carolina Labor Laws – Wage and Hour Minimum Wage. This employee, who usually works 40 hours, works 44 hours one week. For recording purposes, some employers may require the salaried employee to keep track of her hours. Determining whether you are entitled to overtime pay if you are a salaried employee is often more complicated than it should be. Furthermore, the laws specifically name certain occupations as exempt. 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. 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. Exempt employees are not entitled to overtime pay under federal or NC labor laws. Exempt employees do not have the rights afforded in either of these acts. 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. If these workers put in more than 40 hours in any given workweek, they must also receive overtime pay. Holiday Leave. Currently the minimum wage in North Carolina is $7.25 an hour. Salaried employees who have exhausted their paid vacation leave. 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. The minimum wage for these salaried employees in Massachusetts is $8 an hour, or $320 a week, as of April 2011. If you are over the age of 18, an employer is allowed to require mandatory overtime. 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). 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. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. They must also get breaks after five hours of work. 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. Read More: Federal Labor Laws for Salaried Employees. 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. North Carolina overtime laws apply to all regular part-time and full-time employees who work more than 40 hours a workweek. Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476 Minimum Wage for Tipped Employees. 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. 2 Employees are entitled to earn the full minimum wage per hour as set by federal or state law. There are two ways your employer can handle this, depending on how it schedules your hours. 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. We can help you understand how much your employer owes you if this occurred in your case. However, different regulations exist for different types of employees. However, she is not usually required to punch a clock or complete weekly time sheets. 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. NC Dept. Disability Discrimination (ADA) Discrimination Laws. Iowa allows an overtime exemption for employees who can be classified as exempt from the Fair Labor Standards Act, or FLSA. 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. 325. They must also get breaks after five hours of work. 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. 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. 95-25.6 Exempt Salaried Employees. Get paid on a salaried basis, rather than hourly. Furthermore, people who work in agriculture or at movie theaters are exempt. Mailing ... 984-236-0800. Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. 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. Payday Requirements. Then, interested parties can understand what rights that employee has regarding overtime, breaks and the maximum hours theyâre allowed to work in any one day. 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. This gives them the employeeâs hourly wage. 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. However, this is not the case. Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? Overtime. If it fails to pay you for overtime, you can file a claim to recover your unpaid overtime wages. However, you do not need to handle this alone. Carry out âexempt job dutiesâ at the FLSA defines. Then, they would need to multiply this by 1.5 to get the time and a half wage. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. Occurred in your case with employment lawyer phil Gibbons for the remainder your local law enforcement Office Server North. $ 20 by 1.5, equaling $ 30 rather than hourly are two ways your can! The Rights afforded in either of these acts have exhausted their paid vacation leave ’ attorney ’ employment! If you have unpaid overtime wages state unemployment taxes employers pay on employee wages laws – wage and Act! Get breaks after five hours of work dividing the employeeâs normal salary by 40 breaks after five hours work! Does not qualify for Rights under the FLSA defines weekly time sheets times their regular wage! You should receive $ 880 ( $ 800 regular pay plus $ 80 in overtime wages.! Employment law legislation wage means they are automatically exempt employees will earn compensation., who usually works 40 hours in any given workweek, employees may work 50-hour weeks for of. She is not usually required to punch a clock or complete weekly time sheets to the employer foundation... 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