In fact, the WHA does not require that time … – The following is a message to North Carolina voters from Karen Brinson Bell, executive director of the North Carolina State Board of Elections: It is illegal to vote twice in an election. An employer can make the scheduling or rescheduling of its employees hours worked as a condition of employment. Being paid a salary does not exempt an employee from the minimum wage and/or overtime pay requirements. 4 West Edenton St. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. North Carolina laws do not specifically address when employers must count time spent by employees on-call as hours worked for purposes of its minimum wage and overtime requirements. 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. North Carolina law also bans bigamy and marriage between double first cousins, but allows same-sex marriage (as in all other states, in accordance with a U.S. Supreme Court ruling). Were you denied overtime? Hourly: Pay time and a half over 40 hours work/week. If an employee is paid a salary and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then a determination must be made as to if the employee is a salaried-exempt employee or not. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer. The overtime rate under North Carolina law is 1.5 times an employee’s regular pay rate. Google Chrome, The minimum wage and overtime pay are based on the hours worked each workweek and not by the number of hours worked each day or by the number of days worked regardless of the length of the pay period. Or in any venue for on-site consumption. Each state has its own quirky laws but North Carolina has some downright weird ones. The same for tending bar. Are you a legal professional? Obviously, pretty much all of these are no longer enforced but according to DumbLaws.com, they’re still technically laws… What is the Overtime Rate for Tipped Employees? If an employer does promise to pay such wages, then the employer must pay all promised wages, including wage benefits, accruing to its employees based on any policy, agreement or practice that the employer has established. The law states that a landowner who allows someone, without charge, onto their land for recreational purposes … NC Dept. Youths have questions. 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. The Webmanager is unable to assist users of this service with legal questions. The main categories to be a salaried-exempt employee are for executive (supervisory) employees, administrative employees, and professional employees who meet certain requirements. Visit our professional site », Created by FindLaw's team of legal writers and editors If you work for a seasonal amusement or recreational business, overtime is due only for hours in excess of 45 per workweek. Internet Explorer 11 is no longer supported. Holiday Leave. Each workweek stands on its own regardless of the length of the pay periods. If the regular hours = 40: pay time and a half for hours over 40. The employer does not have give its employees any advanced notice of having to work extra hours. North Carolina Laws. Hospitality has many jobs. Copyright © 2020, Thomson Reuters. How can we make this page better for you. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. The employer does not have to take into consideration how the work schedule will affect an employee’s personal life. The rules are the same for a large corporation or a small mom-and-pop business. It then does not matter how many hours the salaried-exempt employee works in a workweek as the guaranteed salary is pay for all hours worked in a workweek regardless of the number of hours worked. 20 Completely Absurd And Strange Laws That Are Only In North Carolina. North Carolina $7.25 an hour. Salaried employees are entitled to overtime pay when working more than 40 hours in a week. North Carolina Overtime Laws. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. The North Carolina Department of Labor website may have additional specific information … It is illegal to drive a car through city cemeteries for pleasure. Under North Carolina law, a larceny is considered a class H felony unless a statute specifically designates the crime as a misdemeanor or another level of felony. 2-year statute of limitation for collecting unpaid overtime. The only required rest breaks or meal breaks are for youths under 16 years of age. When determining a tipped employee's regular rate of pay for overtime calculations, the rate must include both the cash wage paid to the employee and the tip credit to equal at least the federal minimum wage. It depends on several factors, however, including your exemption status. North Carolina. An employer only has to pay its hourly employees and non-exempt salary employees for the actual hours worked regardless of how long or how few the time is. Search the General Statutes. The following chart highlights the main provisions of North Carolina's annulment and prohibited marriage laws, while a closer look at the law … A legal holiday is a day set aside by the federal or state government to honor an event or historical figure on which employees must be paid a higher hourly wage (usually 150 percent of the regular rate). Both federal and North Carolina laws require employers to pay overtime equal to 1.5 times an employee's normal rate … On-call time. The Hours of Work and Overtime Compensation Policy outlines the state wage and hour regulations and federal compensation requirements. Additionally, legislative staff cannot respond to requests for legal advice or the application of the law … Microsoft Edge. The giving or not giving of promised wages, including wage benefits, is entirely up to each employer. An employer is not required to give its employees a smoke-break or to provide a breakroom. An employer can make the working of overtime hours as a condition of employment. as to what it takes to be a full-time … For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267). How an employee is paid depends on if the employee is non-exempt or exempt from minimum wage and/or overtime pay. North Carolina law encourages owners of land to make property available for recreational use. "Wage benefits" are benefits such as vacation pay, sick leave, jury duty pay, and holiday pay. Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate. There are no wage and hour laws that limit the amount of hours that a person 18 years of age or older can work either by the day, week, or number of days in a row, or that require breaks for employees 16 years of age or older. To find the statutes that govern timeshare transactions in North Carolina, go to the North Carolina General Assembly webpage at www.ncleg.net and click on “NC Statutes Table of Contents.” Look in Chapter 93A (Real Estate License Law), Article 4 (Time … To sell alcohol for of… Most North Carolina drug felonies are Class G, H, or I felonies with the exception of Drug Trafficking Laws … 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, … 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 … Some young people want to work part-time. If the landlord's claim against the deposit can't be finalized within that time (for … of Labor FAQs In North Carolina, a private employer can require an employee to work holidays. 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. For example: If an employer called an employee in to work but sent the employee home after waiting 15 minutes to see if the employee would be needed, then the employer only has to pay the employee for the 15 minutes as the time waiting is work time. Felonies are more serious drug charges that are punishable, usually, by probation and possibly prison time, especially if the person has a bad criminal record. When the time worked in a single day exceeds 12 hours, a worker is entitled to double time for all hours worked after the 12th hour When an employee works seven consecutive days in a single workweek, … Driving on the lane line. 95-25.13(2), the employer must: "Make available to its employees, in writing or through a posted notice maintained in a place accessible to its employees, employment practices and policies with regard to promised wages.". Raleigh, NC 27699-1101, Employee Rights Regarding Time Worked and Wages Earned, Adverse Weather Policies in the Private Sector, Debit-Payroll Card Payment and Direct Deposit, Payment of Final Wages to Separated Employees, Recording Time and Rounding of Hours Worked, Volunteer Firefighter-EMS Volunteer Work Hours. The decision to work employees in eight-hour shifts, 12-hour shifts, 16-hour shifts, etc., is entirely up to the employer. And pursuant to N.C.G.S. This section contains user-friendly summaries of North Carolina laws as well as citations or links to relevant sections of North Carolina… If an employer called an employee in to work but met the employee at the door and sent the employee home before the employee had to wait or perform any work, then the employer would not have to pay this employee anything at all. The FLSA has four main components; minimum wage, overtime pay, recordkeeping practices, and child laborprovisions. For example: To avoid having to pay time and one-half overtime pay for hours worked in excess of 40 in a workweek that is Sunday through Saturday, an employer could adjust the hours of an employee who has already worked 34 hours by the end of a Thursday by requiring that the employee work only six hours on Friday and not work on Saturday at all regardless if the schedule had called for this employee to work eight hours on Friday and Saturday. If an employer called an employee in for a conference or meeting that lasted only 30 minutes and this is all of the time that the employee worked that day, then the employer only has to pay the employee for the 30 minutes. In North Carolina, employers are permitted to take a credit for a certain amount of tips earned by their employees, toward the employers' payment of the minimum wage. Driving and Riding Time and Hours Worked An employer must pay its employees either the minimum wage (currently $7.25 an hour under North Carolina law) or an employee's promised rate of pay (including a salary), whichever is greater, 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. "Promised wages" can be an hourly rate that is more than the minimum wage, overtime pay for certain days worked rather than the statutory requirement of paying overtime pay for the hours worked in excess of 40 in a workweek, shift differential pay, commissions, bonuses, piece-rate, production pay, a weekly salary, a monthly salary, subsistence, or mileage expenses. 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. It depends on several factors, however, including your exemption status. Overtime is required for time worked in excess of 40 hours in a week. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay. Search. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. Learn about North Carolina overtime laws below, including eligibility rules and the manner in which overtime pay is calculated. 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. No South Carolina State Statute on Overtime Law (follows FLSA) Fair Labor Standards Act (FLSA) Overtime Provision; Overtime Calculation Methods: Hourly: Pay time … Front-seat passengers who violate the law are fined $25. The hourly rate of a salaried employee is calculated by dividing the weekly salary by 40. Generally, it is entirely up to an employer to give or not give rest breaks and/or meal breaks to some or all of its employees who are 16 years of age or older. The only variation to this is if an employer has made a promise to pay its employees a certain minimum amount of time if an hourly employee or non-exempt salary employee is called in as a wage payment agreement. The rules governing overtime pay are based on federal laws contained in the Fair Labor Standards Act (FLSA) of 1938, in addition to some state guidance. Children … North Carolina labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. 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 workweek; then pay half of that regular rate for each overtime hour. Please review our fact sheet on Promised Wages Including Wage Benefits for details on promised wages and wage benefits. The law states the following: “Every employer shall pay each employee … North Carolina looks to the standards set forth by the federal Fair Labor Standards Act regarding on-call time … The Department of Labor (DOL) offers guidanceon how each type of wage should be … The email address cannot be subscribed. Talk to an Attorney Today. BikeSafe North Carolina Seat belts and safety seats All occupants of a vehicle must wear a seat belt. How about for tending bar?North Carolina’s alcohol laws permit adults 18 or older to serve alcohol in restaurants. Required over 40 hours at a rate of 1.5 time standard pay, Seasonal amusement or recreation employees receive overtime after 45 hours worked, "Comp" time allowed for government employees, No mandatory overtime for working over 8 hours a day. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. North Carolina Law Welcome to the North Carolina Law section of FindLaw's State Law collection. Please try again. The employer is only required to pay 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 to its non-exempt employees. An employer is free to adjust the hours of its employees regardless of what the employees are scheduled to work. The North Carolina Wage and Hour Act does not require that an employer have a time clock or use time cards, and the WHA does not state who may or may not punch an employee's time card. Firefox, or Under North Carolina law, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. | Last updated May 14, 2019. Back-seat passengers are fined $10. General NC Overtime Laws are located in chapter 95-25.4 of the NC General Statutes. Also, this may be done regardless if the employee agreed to this or not. … Neither the N. C. Wage and Hour Act nor the federal Fair Labor Standards Act (FLSA) limit the amount of hours that an employee 18 years of age or older can be required to work either by the day, week, or number of days in a row. Therefore, North Carolina's overtime minimum wage is $10.88 per hour, one and a half times the regular North Carolina minimum wage of $7.25 per hour. Well, there goes my favorite afternoon … For more details on the requirements for an employee to be a salaried-exempt employee, please review the Code of Federal Regulations (CFR) 541, which the N.C. Department of Labor has adopted. However, salaried workers employed as executives, managers, or supervisor employed solely to supervise other employees, and make at least $455 a week are exempt from the FLSA. An employer is not required to pay a minimum number of hours to its hourly paid employees or to its non-exempt salary employees including if they are called back in. But an employer does have to pay its employees for the time they have to wait in the establishment to see if they are needed. This includes hourly, salary, and piecework wages. In North Carolina, you can file claims under both the federal and state overtime laws at the same time. Please review our What to Know About Breaks fact sheet for more details. This section focuses only on overtime pay and state statutes related to meal and rest breaks. We recommend using One of the general requirements is that the salaried-exempt employee must be paid a guaranteed salary of at least $455 a workweek (no salary test for outside sales), which would also be the promised rate of pay for the employee. Both federal and North Carolina laws require employers to pay overtime equal to 1.5 times an employee's normal rate (assuming they're qualified). All larceny crimes that constitute misdemeanors in North Carolina are considered “petty misdemeanors,” making the offense equivalent to petty theft under other states’ laws. A day after President Donald Trump appeared to encourage supporters in North Carolina to both mail in ballots and vote in person, the state's Board of Elections issued a statement Thursday … A local employment law attorney can help you navigate the legal requirements for proving your claim and help you recover any other damages and interest that may be due. The North Carolina General Assembly offers access to the Statutes on the Internet as a service to the public. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Some involve alcohol. It depends, but understanding the law and how it applies to your situation is the first step. All rights reserved. What’s the minimum age for serving alcohol in a restaurant? There are no limitations on how many hours an adult employee can be required to work regardless whether they are a salaried-exempt employee or a non-exempt employee. N.C. Department of LaborPhysical Address North Carolina Felony Drug Laws. 1101 Mail Service Center "It is illegal to vote twice in an election," said Karen Brinson Bell, executive director of the North Carolina State Board of Elections. What is it for selling alcohol for consumption off-site? Youths under 16 years of age have to be given at least a 30-minute break after five hours of consecutive hours and no break of less than 30 minutes shall be deemed to interrupt a continuous period of work. Since I’m no mathematician, and this is North Carolina, I’ll avoid the mathematical comparisons and in favor of Fife, the Darlings, and North Carolina law. The North Carolina Department of Labor manages wage and hour issues for North Carolina. North Carolina legal holiday laws recognize Greek Independence Day, Confederate Memorial Day, and other holidays that reflect North Carolina… This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Each workweek stands on its own. It is entirely up to an employer to come up with its own criteria as to how many hours an employee works a day or week or any other factors that make an employee part-time vs. full-time for that particular employer. Stay up-to-date with how the law affects your life, Name Locate contact information for state agencies, employees, hotlines, local offices, and more. An employer can make the working on a scheduled day off or working a full shift as a condition of employment regardless of an employee’s start-time or end-time. 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. North Carolina's Overtime Minimum Wage . Raleigh, NC 27601, Mailing Address North Carolina employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. State and Federal Statutes. Merely … Also, the Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. If you earn more then the North Carolina … Since an employer can make the working of overtime mandatory, the employer can terminate an employee if the employee refuses to work overtime regardless of how many hours the employee has already worked that day or workweek. Certain types of employees, particularly certain professionals paid an annual salary, are exempt from overtime rules. An employer can inform its employees that they have to work overtime at the last minute. According to the FSLA, employees are to be paid at a rate of no less than one and one-half times their regular rate of pay for hours worked beyond 40 in a given workweek. 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 … This policy also addresses exempt employees, on-call, travel time… Filing a Complaint Under North Carolina Overtime Laws? There is no limit on the number of hours the adult employee may be required to work. However, if wages or wage benefits are involved, then the employer must clearly spell out in writing (policy, handbook, etc.) If you have wage or overtime issues at work, it's a good idea to speak with a local attorney who has experience in wage law. A north carolina double time laws small mom-and-pop business but understanding the law and how it to. On the number of hours the adult employee may be done regardless if the employee agreed to this not. Under both the federal and state statutes related to meal and rest or. Hours as a condition of employment has its own quirky laws but North Carolina laws as well as citations links! 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