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North Carolina Overtime Laws

North Carolina Overtime Laws


Quick Guide to NC Overtime Laws

North Carolina Overtime Laws

General NC Overtime Laws are located in chapter 95-25.4 of the NC General Statutes.  The law states the following: 

“Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week.”

What is the minimum overtime wage in NC?

According to NC Overtime Laws on minimum wage, the current overtime minimum wage is $10.90 after rounded to the lowest nickel.  If you have worked more than 40 hours a week, unless you’re in a certain profession, your employer is required to pay you overtime rates according to North Carolina overtime laws.  

If you believe your overtime rates under NC Overtime Laws have been violated, you can file a claim with the North Carolina Department of Labor.  If you want to file a claim for wages, the compensation must be more than $50 and you must wait 10 days if the wages were on your last paycheck according to North Carolina overtime laws.  Call (919) 807-2796 to file a claim.  

Who may not qualify for overtime wages in NC?

There are certain professions under the Fair Labor Standards Act and NC Overtime Laws that do not require certain employees to be paid overtime wages.  Some of these exempt employees under North Carolina overtime laws include the following: 

• Executives, administrators, and other professionals who earn at least $455 per week under Section 13(a)(1) of the Fair Labor Standards Act

• Independent contractors

• Transportation workers

• Certain agricultural and farm workers

• Live-in employees

• Some computer-related workers

FAQS about NC Overtime

Most of the following information is provided by the North Carolina Department of Labor Wage and Hour Bureau.  For more information on these valuable FAQs, visit the following document provided by the NCDOL:  

Is a part-time employee paid overtime under NC Overtime Laws?

North Carolina overtime laws apply to all regular part-time and full-time employees who work more than 40 hours a workweek.

Can my employer institute mandatory overtime?

If you are over the age of 18, an employer is allowed to require mandatory overtime.  Mandatory must be provided in an employment contract as part of the employee’s duty to the company.  

Can an employer provide comp time instead of overtime pay?

Normally, an employer cannot offer comp time in lieu of paying for the overtime hours under North Carolina overtime laws.  However, if the business is in the private sector, exempt employees from overtime pay can be given comp time for hours worked overtime, but the comp time must be specified in the wage benefit policy.  

Does holiday pay automatically become overtime pay?

An employer does not have to observe a holiday, but many employers still provide holiday pay.  However, if the employer provides holiday pay, the pay does not qualify as overtime pay according to NC Overtime Laws.  For example, if a person receives 8 hours of holiday pay on top of 40 hours worked in a week, the person will only be paid 48 regular hours.