MENU
Call Now For A Free Consultation
Toll Free: (866) 907-1145
Local: (919) 833-3370
Toll Free: (866) 907-1145 | Local: (919) 833-3370
Toll Free: (866) 907-1145
Local: (919) 833-3370
As our careers grow and our responsibilities mount, it's not uncommon to find ourselves in situations where our employer may request or require us to work overtime. And in these situations, it is natural to have questions, such as "Am I required to work overtime in North Carolina?" or "What are the legalities surrounding overtime?"
Overtime refers to the period of time an employee works beyond their standard work schedule. In most cases across the United States, thanks to the Federal Fair Labor Standards Act (FLSA), this is typically defined as any time worked over 40 hours in a single workweek.
Here's a quick breakdown:
The FLSA defines a workweek as a fixed and recurring period of 168 hours or seven consecutive 24-hour periods. It doesn't have to align with the calendar week and can begin on any day, at any hour of the day.
Any time worked over 40 hours in this defined workweek is generally considered overtime. If you are a non-exempt employee – someone who is not exempt from overtime pay – your employer must compensate you at a rate of 1.5 times your regular pay rate for these additional hours.
Here's where it gets a little more nuanced. While an employer in North Carolina can require overtime, they cannot force an employee to work overtime without proper compensation. As per federal and state laws, non-exempt employees are entitled to overtime pay, typically calculated as 1.5 times their standard hourly wage, for any time worked over 40 hours in a single workweek.
However, exempt employees, who are not eligible for overtime pay, can also be required to work extra hours. It is at the discretion of the employer, and unfortunately, these employees may not receive additional compensation beyond their agreed salary, regardless of the number of hours they work in a week.
In the United States, overtime laws are primarily governed by the federal Fair Labor Standards Act (FLSA). Under the FLSA, employees are categorized as either "exempt" or "non-exempt." Non-exempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and a half times their regular rates of pay. Exempt employees, such as:
are not eligible for overtime pay under the FLSA.
In North Carolina, state laws largely align with federal regulations regarding overtime. There is no maximum limit on the number of hours an employer can request an employee to work in a week. This means, technically, an employer can require an employee to work overtime.
In North Carolina, as in other states, the determination of who is entitled to overtime pay is largely governed by the federal Fair Labor Standards Act (FLSA).
Under the FLSA, employees are divided into two categories: exempt and non-exempt. The crucial point to note here is that this classification does not revolve around job titles but rather specific job duties and salary.
Non-exempt employees, generally, are entitled to overtime pay. This group of workers often includes hourly wage earners and some salaried employees who perform non-supervisory, non-administrative, and non-professional job duties. For these employees, the law mandates that for any hours worked over 40 in a workweek, they must receive overtime pay at a rate of at least one and a half times their regular rate of pay.
Exempt employees, on the other hand, are not entitled to overtime pay under the FLSA. These usually include certain administrative, professional, and executive employees who meet specific salary and duty criteria. Also, independent contractors, certain seasonal workers, and some other types of workers might be exempt from overtime laws.
If you believe you're not being paid the overtime wages you're entitled to, it's essential to take prompt action. Here's a step-by-step guide on what you should do:
Before anything else, ensure you have a good understanding of the overtime laws. The Fair Labor Standards Act (FLSA) is the primary federal law in this area, and it generally requires that all non-exempt employees be paid 1.5 times their regular wage for any hours worked over 40 in a workweek. Review your status (exempt vs non-exempt) to confirm you're entitled to overtime pay.
Gather and review all of your employment records, including your timesheets, pay stubs, hours per week worked, and employment contract. Ensure that your employer has accurately recorded your hours and that you have indeed worked overtime.
If you're comfortable doing so, approach your supervisor or Human Resources department about the issue. It could be a simple oversight or error that can be corrected quickly. Keep a record of this communication for future reference.
If your employer doesn't resolve the issue, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division or the North Carolina Department of Labor. These agencies enforce labor laws, and they can conduct investigations, recover back wages, and penalize employers.
If you're not making headway or if the situation is complex, consult an employment attorney. They can provide guidance based on your specific circumstances and can represent you if you decide to file a lawsuit against your employer for unpaid overtime.
Remember, the FLSA prohibits retaliation against employees who assert their rights under the law. Therefore, you should feel empowered to take action without fear of retribution.
At The Law Offices of John M. McCabe, we are here to help you navigate the complexities of employment law. If you have any questions or need assistance, don't hesitate to contact us. Remember, knowing your rights is the first step to protecting them.
Apart from overtime regulations, North Carolina has several laws pertaining to employee compensation. As of my last update in September 2021, some of the key laws include:
The current minimum wage in North Carolina is $7.25 per hour, which is the same as the federal minimum wage. Employers are required to pay the higher minimum wage if there is a difference between the state and federal minimum wage.
Under federal law, employers may pay a lower cash wage to tipped employees as long as that wage plus the tips the employee earns equals at least the federal minimum wage. In North Carolina, the minimum cash wage is $2.13 per hour.
North Carolina labor law mandates that employers provide a 30-minute break to youth under 16 years old after five hours of work. No meal or rest breaks are required for employees 16 and older.
North Carolina has specific laws governing the employment of minors, including restrictions on the hours they can work and the types of jobs they can perform.
Wages must be paid at least monthly or on the established payday. If the agreed-upon payday falls on a non-workday, payment should be made on the preceding workday.
North Carolina does not have a law specifically stating when an employer must provide a departing employee's final paycheck. Therefore, employers are advised to follow the federal law, which states that it should be given on the next regular payday.
North Carolina allows employers to take deductions from an employee's wages for cash shortages, inventory shortages, or loss or damage to an employer’s property, but only if the employee signs an authorization at the time of the deduction.
The overtime requirement law in North Carolina aligns with the federal Fair Labor Standards Act (FLSA). Under this law, non-exempt employees should receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
Non-exempt employees in North Carolina are eligible for overtime pay. These typically include hourly workers and some salaried employees who perform non-supervisory, non-administrative, and non-professional job duties.
It depends on the nature of their job duties and salary level. Some salaried employees are classified as exempt from overtime pay if they meet certain requirements, typically involving job duties and earning at least a certain salary threshold. However, salaried employees who do not meet these requirements (non-exempt) should receive overtime pay for hours worked beyond 40 in a workweek.
You can file a complaint with the North Carolina Department of Labor or the U.S. Department of Labor's Wage and Hour Division. If your case is complicated or your employer isn't responsive, you may wish to consult with an employment attorney.
Yes, in general, an employer can require an employee to work overtime. However, non-exempt employees must be compensated for this overtime at a rate of 1.5 times their regular pay rate for any time worked beyond 40 hours in a week.
No, as of my last update in September 2021, North Carolina does not have a state law that requires double time pay. The state follows federal law, requiring overtime pay at a rate of 1.5 times the regular rate of pay for all hours worked over 40 in a workweek.
No, an employer cannot refuse to pay overtime to non-exempt employees. If a non-exempt employee works over 40 hours in a workweek, they are entitled to overtime pay at a rate of 1.5 times their regular pay rate under the FLSA.
Attorney Advertising | Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
