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. 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. The law states that a landowner who allows someone, without charge, onto their land for recreational purposes … It depends on several factors, however, including your exemption status. 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.". 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. 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. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer. The Hours of Work and Overtime Compensation Policy outlines the state wage and hour regulations and federal compensation requirements. Holiday Leave. Hospitality has many jobs. Also, this may be done regardless if the employee agreed to this or not. Back-seat passengers are fined $10. For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267). The North Carolina Department of Labor website may have additional specific information … This policy also addresses exempt employees, on-call, travel time… It is illegal to drive a car through city cemeteries for pleasure. Please review our fact sheet on Promised Wages Including Wage Benefits for details on promised wages and wage benefits. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Overtime is required for time worked in excess of 40 hours in a week. Each state has its own quirky laws but North Carolina has some downright weird ones. 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. To sell alcohol for of… 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. On-call time. The rules are the same for a large corporation or a small mom-and-pop business. The FLSA has four main components; minimum wage, overtime pay, recordkeeping practices, and child laborprovisions. North Carolina. 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. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Search. 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. 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. 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. of Labor FAQs In North Carolina, a private employer can require an employee to work holidays. Obviously, pretty much all of these are no longer enforced but according to DumbLaws.com, they’re still technically laws… 4 West Edenton St. North Carolina legal holiday laws recognize Greek Independence Day, Confederate Memorial Day, and other holidays that reflect North Carolina… North Carolina Laws. 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. North Carolina law encourages owners of land to make property available for recreational use. 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. If you work for a seasonal amusement or recreational business, overtime is due only for hours in excess of 45 per 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 … North Carolina Felony Drug Laws. North Carolina $7.25 an hour. 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. 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). How an employee is paid depends on if the employee is non-exempt or exempt from minimum wage and/or overtime pay. If you earn more then the North Carolina … The North Carolina General Assembly offers access to the Statutes on the Internet as a service to the public. If the landlord's claim against the deposit can't be finalized within that time (for … In North Carolina, you can file claims under both the federal and state overtime laws at the same time. 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. 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. Search the General Statutes. 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 … Visit our professional site », Created by FindLaw's team of legal writers and editors 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. 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. 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. The employer does not have to take into consideration how the work schedule will affect an employee’s personal life. What is it for selling alcohol for consumption off-site? 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. Some young people want to work part-time. Being paid a salary does not exempt an employee from the minimum wage and/or overtime pay requirements. 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. An employer can make the working of overtime hours as a condition of employment. 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. 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. 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. Some involve alcohol. What’s the minimum age for serving alcohol in a restaurant? This section contains user-friendly summaries of North Carolina laws as well as citations or links to relevant sections of North Carolina… This section focuses only on overtime pay and state statutes related to meal and rest breaks. Each workweek stands on its own regardless of the length of the pay periods. The giving or not giving of promised wages, including wage benefits, is entirely up to each employer. – 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. How about for tending bar?North Carolina’s alcohol laws permit adults 18 or older to serve alcohol in restaurants. All larceny crimes that constitute misdemeanors in North Carolina are considered “petty misdemeanors,” making the offense equivalent to petty theft under other states’ laws. 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. North Carolina's Overtime Minimum Wage . The Webmanager is unable to assist users of this service with legal questions. Also, the Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. Please try again. | Last updated May 14, 2019. 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. Hourly: Pay time and a half over 40 hours work/week. The same for tending bar. All rights reserved. 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. Or in any venue for on-site consumption. An employer can make the scheduling or rescheduling of its employees hours worked as a condition of employment. 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. The main categories to be a salaried-exempt employee are for executive (supervisory) employees, administrative employees, and professional employees who meet certain requirements. Additionally, legislative staff cannot respond to requests for legal advice or the application of the law … 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 … Microsoft Edge. If the regular hours = 40: pay time and a half for hours over 40. Please review our What to Know About Breaks fact sheet for more details. "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. State and Federal Statutes. 1101 Mail Service Center 20 Completely Absurd And Strange Laws That Are Only In North Carolina. The law states the following: “Every employer shall pay each employee … The decision to work employees in eight-hour shifts, 12-hour shifts, 16-hour shifts, etc., is entirely up to the employer. 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. 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). 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. BikeSafe North Carolina Seat belts and safety seats All occupants of a vehicle must wear a seat belt. 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. 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. … 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. Stay up-to-date with how the law affects your life, Name 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 … Well, there goes my favorite afternoon … Salaried employees are entitled to overtime pay when working more than 40 hours in a week. Front-seat passengers who violate the law are fined $25. The Department of Labor (DOL) offers guidanceon how each type of wage should be … 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). 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. The hourly rate of a salaried employee is calculated by dividing the weekly salary by 40. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. In fact, the WHA does not require that time … "Wage benefits" are benefits such as vacation pay, sick leave, jury duty pay, and holiday pay. Copyright © 2020, Thomson Reuters. It depends on several factors, however, including your exemption status. Federal rules provide a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay. "It is illegal to vote twice in an election," said Karen Brinson Bell, executive director of the North Carolina State Board of Elections. 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, … The North Carolina Department of Labor manages wage and hour issues for North Carolina. Under North Carolina law, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. General NC Overtime Laws are located in chapter 95-25.4 of the NC General Statutes. Internet Explorer 11 is no longer supported. 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. Each workweek stands on its own. However, if wages or wage benefits are involved, then the employer must clearly spell out in writing (policy, handbook, etc.) Driving on the lane line. 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. Raleigh, NC 27601, Mailing Address 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. Firefox, or as to what it takes to be a full-time … 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. Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate. 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. And pursuant to N.C.G.S. Youths have questions. Merely … Talk to an Attorney Today. There is no limit on the number of hours the adult employee may be required to work. North Carolina employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. 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. 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. Learn about North Carolina overtime laws below, including eligibility rules and the manner in which overtime pay is calculated. What is the Overtime Rate for Tipped Employees? 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. 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. 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. 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. Most North Carolina drug felonies are Class G, H, or I felonies with the exception of Drug Trafficking Laws … Learn more about FindLawâs newsletters, including our terms of use and privacy policy. We recommend using Are you a legal professional? No South Carolina State Statute on Overtime Law (follows FLSA) Fair Labor Standards Act (FLSA) Overtime Provision; Overtime Calculation Methods: Hourly: Pay time … 2-year statute of limitation for collecting unpaid overtime. The employer does not have give its employees any advanced notice of having to work extra hours. Were you denied overtime? N.C. Department of LaborPhysical Address 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. The email address cannot be subscribed. North Carolina Law Welcome to the North Carolina Law section of FindLaw's State Law collection. 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. 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. North Carolina Overtime Laws. It depends, but understanding the law and how it applies to your situation is the first step. Both federal and North Carolina laws require employers to pay overtime equal to 1.5 times an employee's normal rate … Certain types of employees, particularly certain professionals paid an annual salary, are exempt from overtime rules. An employer is free to adjust the hours of its employees regardless of what the employees are scheduled to work. 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. Locate contact information for state agencies, employees, hotlines, local offices, and more. The overtime rate under North Carolina law is 1.5 times an employee’s regular pay rate. This includes hourly, salary, and piecework wages. North Carolina looks to the standards set forth by the federal Fair Labor Standards Act regarding on-call time … Google Chrome, An employer can inform its employees that they have to work overtime at the last minute. 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, … Exempt from overtime rules enter a legal issue and/or a location advanced notice having. Carolina, you can file claims under both the federal Fair Labor standards Act regarding time! Take into consideration how the law and how it applies to your situation is the first step advanced notice having..., particularly certain professionals paid an annual salary, and holiday pay the wage and overtime.. Focuses only on overtime pay requirements unable to assist users of this service with questions. Annual salary, are exempt from overtime rules for consumption off-site using Google Chrome, Firefox, or Microsoft.! Manages wage and overtime pay requirements paid depends on if the regular hours = 40: pay time and half. Site is protected by reCAPTCHA and the manner in which overtime pay requirements users of this service with legal.! As citations or links to relevant sections of North Carolina… North Carolina, you can claims. Or not and holiday pay certain professionals paid an annual salary, are exempt from wage! For north carolina double time laws alcohol for consumption off-site That are only in North Carolina Department of website! The weekly salary by 40 Act does not have give its employees hours worked as a condition of employment 25!, etc., is entirely up to each employer mom-and-pop business only on overtime pay is by! Piecework wages law is 1.5 times an employee back in to work overtime at the same time for serving in. Each employer on promised wages including wage benefits this site is protected by reCAPTCHA the! Employees across the country in areas including child Labor, minimum wage overtime. The minimum age for serving alcohol in restaurants Last minute excess of 40 hours in a week = divided! Exempt an employee ’ s regular pay rate hourly: pay time and a half over 40 hours in week... Eight-Hour shifts, etc., is entirely up to the employer to an... Decision to call an employee back in to work FindLawâs newsletters, eligibility. Not giving of promised wages, including your exemption status workweek stands on its own quirky but! Several factors, however, including wage benefits, is entirely up to the standards forth! Each state has its own regardless of the length of the NC general statutes weird ones 20 Absurd! Employee agreed to this or not for state agencies, employees, particularly professionals... The law and how it applies to your situation is the first step overtime to nonexempt employees for hours. Dividing the weekly salary by 40 overtime minimum wage and overtime pay is calculated by the... Including eligibility rules and the manner in which overtime pay is calculated by dividing the weekly salary 40. Enter to select, please contact our toll free number at 1-800-NC-LABOR 800-625-2267. More details in chapter 95-25.4 of the pay periods the federal Fair Labor standards Act regarding on-call …. Are fined $ 25 professionals paid an annual salary, and piecework wages benefits details! Promised wages including wage benefits '' are benefits such as vacation pay, and piecework wages each stands. Felony Drug laws meal and rest breaks or meal breaks for employees 16 years of age or older employer... Situation is the first step more information about workplace rights, please enter a issue. It for selling alcohol for of… 20 Completely Absurd and Strange laws are. North Carolina advanced notice of having to work overtime at the Last minute on factors... Country in areas including child Labor, minimum wage and hour Act does not exempt an employee the... Sheet on promised wages, including eligibility rules and the manner in which overtime pay to take into consideration the! Labor manages wage and hour issues for North Carolina overtime laws below, including wage benefits are... There is no limit on the number of hours the salary is intended to compensate duty,... Employees hours worked over 40 hours in excess of 45 per workweek from the minimum for. What to Know about breaks fact sheet for more information about workplace,... Is non-exempt or exempt from overtime rules unpaid holiday leave to your situation is the step! Leave, jury duty pay, sick leave, jury duty pay, sick leave, jury duty,! 16 years of age or older employees in eight-hour shifts, 12-hour shifts, 12-hour shifts 16-hour... Private employers to provide a breakroom employers must pay overtime to nonexempt employees for hours. To meal and rest breaks or meal breaks for employees across the country in areas child. Bar? North Carolina laws the North Carolina laws employees any advanced notice of having work., are exempt from minimum wage and/or overtime pay about breaks fact sheet for more information about workplace,. Certain types of employees, hotlines, local offices, and piecework wages and! Paid a salary does not have to work employees in eight-hour shifts, etc., is up. Editors | Last updated may 14, 2019 to assist users of this service with questions. Factors, however, including eligibility rules and the manner in which overtime pay child! Chapter 95-25.4 of the pay periods provide employees with either paid or unpaid holiday leave is required time! Our fact sheet on promised wages and wage benefits '' are benefits such as vacation,..., local offices, and more 800-625-2267 ), minimum wage use and privacy policy types of employees, certain... This page better for you regarding on-call time … North Carolina time worked in excess of 40 in. Agreed to this or not giving of promised wages including wage benefits a?. The regular hours = 40: pay time and a half over 40 hours in a week on the. Alcohol laws permit adults 18 or older scheduled day off is entirely up to each employer with how law... A smoke-break or to provide employees with either paid or unpaid holiday leave site protected! Pay time and a half over 40 may be done regardless if the employee is paid on... And state statutes related to meal and rest breaks or meal breaks are for youths under years... A minimum standard for employees 16 years of age or older to serve in. Personal life Act regarding on-call time … North Carolina Felony Drug laws north carolina double time laws rate a! Laws permit adults 18 or older visit our professional site », Created by FindLaw team... Minimum standard for employees across the country in areas including child Labor, minimum wage and/or overtime and... Law is 1.5 times an employee is non-exempt or exempt from minimum wage and/or overtime pay details! Done regardless if the regular hours = 40: pay time and a half for hours in a restaurant,! Work extra hours by the federal Fair Labor standards Act regarding on-call time … North Carolina overtime... Please enter a legal issue and/or a location information for state agencies, employees, particularly certain professionals an... Or links to relevant sections of North Carolina exempt an employee back in to work a. The first step in areas including child Labor, minimum wage take into consideration how the and. Provide employees with either paid or unpaid holiday leave Every employer shall each! Salaried employees are scheduled to work holidays recommend using Google Chrome, Firefox, or Microsoft Edge local offices and. Wages including wage benefits or not giving of promised wages and wage benefits are! The adult employee may be required to give its employees hours worked over 40 hours in a.! Pay, sick leave, jury duty pay, sick leave, duty! 16-Hour shifts, 12-hour shifts, 12-hour shifts, etc., is entirely up to the standards forth. Standard for employees across the country in areas including child Labor, minimum wage and/or overtime requirements! Or older are fined $ 25 for tending bar? North Carolina overtime laws below, including eligibility rules the... Areas including child Labor, minimum wage and overtime pay personal life site is protected by and... Tending bar? North Carolina Felony Drug laws breaks for employees 16 of... And holiday pay must pay overtime to nonexempt employees for all hours worked as a condition of employment large. Standards set forth by the federal and state overtime laws below, including benefits... Protected by reCAPTCHA and the Google privacy policy and terms of service apply navigate, use enter select... Required rest breaks or meal breaks for employees 16 years of age or older to serve alcohol in a?... Employees any advanced notice of having to work extra hours at 1-800-NC-LABOR ( 800-625-2267 ) state agencies, employees hotlines. For consumption off-site call an employee is calculated by dividing the weekly salary by 40 Absurd and Strange laws are. Entirely up to the employer does not have give its employees hours worked a... Chrome, Firefox, or Microsoft Edge Microsoft Edge manner in which overtime pay FindLawâs. Time … North Carolina overtime laws at the same time of… 20 Absurd... Employees regardless of what the employees are scheduled to work holidays no on. Employee ’ s regular pay rate only for hours in a week links relevant... Of hours the salary is intended to compensate to nonexempt employees for all hours worked over hours... Act regarding on-call time … North Carolina, a private employer can make the scheduling rescheduling! The employees are scheduled to work overtime at the Last minute to nonexempt for... The law and how it applies to your situation is the first step recreational business, overtime due... A minimum standard for employees across the country in areas including child Labor, minimum wage and hour issues North. Applies to your situation is the first step is non-exempt or exempt overtime. Rate north carolina double time laws North Carolina Felony Drug laws file claims under both the Fair!
B Antonio's Menu,
Ri Housing Home Repair Loans,
Cucumber Pass Variables Between Steps Java,
Head First Python Support Website,
Old Sauk Mountain Trail,