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 … The employee’s check should include $800 in regular wages and an additional $120 for the four hours of overtime, totaling $920. 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 salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). Currently the minimum wage in North Carolina is $7.25 an hour. 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. 2  This gives them the employee’s hourly wage. Employment / Age Certification. North Carolina overtime laws apply to all regular part-time and full-time employees who work more than 40 hours a workweek. Mailing ... 984-236-0800. 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. Missed Days. The employment laws for minors apply whether they are exempt or nonexempt, though many jobs for teenagers are nonexempt. Furthermore, the laws specifically name certain occupations as exempt. North Carolina State Government Employee Statistics; State Employee Resources. Exempt employees do not have the rights afforded in either of these acts. This makes it difficult to do the math to determine an hourly wage. Some people believe being paid a salary instead of an hourly wage means they are automatically exempt employees and not eligible for overtime. 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. Supreme Court limits employee class action rights. Overtime. State Employee Resources. It is important to note employers must pay their employees at least minimum wage. Then, they would need to multiply this by 1.5 to get the time and a half wage. Read More: Federal Labor Laws for Salaried Employees. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. Exempt salaried employees are paid a standard weekly, monthly or annual wage. They must also get breaks after five hours of work. Employers within the state may make overtime mandatory and can terminate an employee who refuses to work the extra hours. The Federal Fair Labor Standards Act dictates which employees are considered salaried and which are exempt from overtime laws. Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Can I Be Entitled To Overtime Pay If I Am A Tipped Restaurant Server In North Carolina? What Are the Labor Laws in Tennessee for Salaried Employees? This should be at least one and one-half times their regular hourly wage for every hour over the 40th. 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 Supervises at least two other employees on a regular basis. Carry out “exempt job duties” at the FLSA defines. North Carolina Labor Laws – Wage and Hour Minimum Wage. An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. North Carolina Stat. There are two ways your employer can handle this, depending on how it schedules your hours. 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. Employees are entitled to earn the full minimum wage per hour as set by federal or state law. Exempt employees are not entitled to overtime pay under federal or NC labor laws. 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. 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 program is a federal-state partnership and is funded by federal and state unemployment taxes employers pay on employee wages. Mr. Lunt is a licensed attorney with over 15 years experience … The minimum wage for these salaried employees in Massachusetts is $8 an hour, or $320 a week, as of April 2011. 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. 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. Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476 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. If these workers put in more than 40 hours in any given workweek, they must also receive overtime pay. 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. 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. 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. 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. Exempt 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. ©2020 Gibbons Leis, PLLC, All Rights Reserved, Reproduced with Permission, 14045 Ballantyne Corporate Place They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. Employees have up to three years to file complaints with the South … 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). Minimum wage laws protect all employees, whether or not they receive tips. You should receive $880 ($800 regular pay plus $80 in overtime wages). State and Federal Statutes. Phil Gibbons Law can help you understand if you have unpaid overtime wages, and help you recover them. 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. However, you do not need to handle this alone. However, this is not the case. Call our office today at 704-612-0038 to schedule a time to discuss your case with employment lawyer Phil Gibbons. Because North Carolina is an at-will employment state, employers are allowed to fire employees for almost any reason. They must also get breaks after five hours of work. 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. Classification. This is the overtime wage. 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. 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. However, different regulations exist for different types of employees. However, she is not usually required to punch a clock or complete weekly time sheets. Furthermore, people who work in agriculture or at movie theaters are exempt. When they work more than those set 40 hours, employers must pay them time and a half for their overtime. Back; COVID-19 Symptom Screening Tool for Employees Reporting Onsite ... North Carolina Office of State Human Resources. 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 … This law exhibits the employer responsive foundation of the state’s employment law legislation. 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. Disability Discrimination (ADA) Discrimination Laws. Restaurants Continue To Violate Wage and Hour Laws During the Covid-19 Pandemic, Charlotte Mexican Restaurant Violates Overtime Laws. She stayed active in local politics to understand the laws that govern her area. Then, it would need to multiply $20 by 1.5, equaling $30. What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? North Carolina also does not set the maximum hours that employees are allowed to work in a day. Most North Carolina labor laws for breaks are listed in Statute 95-25.5—located in the link. If you are over the age of 18, an employer is allowed to require mandatory overtime. Minimum Wage for Tipped Employees. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Fraudulent activities should always be reported to your local law enforcement office. 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. While the treatment of nonexempt employees is strictly governed, exempt employees have few protections under federal or NC labor laws. The hourly wage applies to the first 40 hours, and then the overtime (time and a half) wage applies to any additional hours. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. 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. Your hourly wage for that week is $16 ($800 divided by 50). 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. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. Child Labor Laws. 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. Iowa allows an overtime exemption for employees who can be classified as exempt from the Fair Labor Standards Act, or FLSA. 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. Minimum Wage. Example: A salaried employee is paid $20,000 a year. The Division of Employment Security is responsible for the administration of the unemployment insurance program in the state of North Carolina. Has real input in the hiring, firing and promotion of employees. Mass Layoffs (WARN) Meals and Breaks. However, who gets overtime pay is not always clear-cut. 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. Non-compliant employers are also responsible for paying employees’ attorney’s fees. Employment lawyer Phil Gibbons can help you determine whether your employer owes you overtime pay. 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. 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. Ste. Related: Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. Most employers expect their non-exempt, salaried employees to work 40 hours a week, on a set schedule. 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. North Carolina has stricter laws for employing minors than adult workers. Holiday Leave. 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. 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. This would give you $8. 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. Salaried Employee Labor Laws Salaries. Can my employer institute mandatory overtime? 325. Report Fraud Hotline. 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. Employers in North Carolina must follow both federal and North Carolina labor laws. 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. Is a part-time employee paid overtime under NC Overtime Laws? These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. 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. 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. Read More: Definition of Exempt and Non-Exempt Employees. Updated November 6, 2020: North Carolina Labor Laws. This means you owe us nothing unless we recover unpaid wages for you. Only non-exempt employees receive overtime pay. 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. Under federal or state law many jobs for teenagers are nonexempt earn a guaranteed minimum of at least and... Is important to note employers must pay them time and a half wage nc labor laws for salaried employees whether they are exempt. Exhibits the employer whether to have employees work 8-, 12- or 16-hour shifts a contingency basis, a. 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