Back; COVID-19 Symptom Screening Tool for Employees Reporting Onsite ... North Carolina Office of State Human Resources. Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. Is a part-time employee paid overtime under NC Overtime Laws? Exempt Salaried Employees. 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. Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. With a fluctuating workweek, employees may work 50-hour weeks for part of the year and 30 hours a week for the remainder. Disability Discrimination (ADA) Discrimination Laws. Exempt salaried employees don't need to be paid an overtime rate. 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. Meals and Breaks. We can help you understand how much your employer owes you if this occurred in your case. ©2020 Gibbons Leis, PLLC, All Rights Reserved, Reproduced with Permission, 14045 Ballantyne Corporate Place The following is additional information … For example, let us assume a non-exempt employee makes a salary of $800 per week. Therefore, employers have significant discretion in developing vacation and personal leave policies that best fit the needs of their … 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. Salaried employees who have exhausted their paid vacation leave. Get paid on a salaried basis, rather than hourly. Exempt computer employees may be paid at least $684* on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. 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. For example, any job that is covered by a different federal act does not qualify for rights under the FLSA. North Carolina also does not set the maximum hours that employees are allowed to work in a day. Carry out “exempt job duties” at the FLSA defines. 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. For recording purposes, some employers may require the salaried employee to keep track of her hours. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. Supreme Court limits employee class action rights. Mailing ... 984-236-0800. Can my employer institute mandatory overtime? However, who gets overtime pay is not always clear-cut. North Carolina has no laws or regulations beyond the federal law. 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 you are covered under the FLSA and make less than $455 in salary each week or do not meet other qualifications to be an exempt employee, your employer must pay you time and one-half for any hours you work over 40 each week. Employees who were fired or demoted because of illegal discrimination or in retaliation because they participated in a protected activity can file a complaint with the N.C. Department of Labor's Employment Discrimination Bureau . 2  Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. Mr. Lunt is a licensed attorney with over 15 years experience … If you are over the age of 18, an employer is allowed to require mandatory overtime. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. Salaried employees must be paid not according to how many hours actually worked, but according to the actual amount agreed upon by the employee and her employer. This gives them the employee’s hourly wage. Phil Gibbons Law can help you understand if you have unpaid overtime wages, and help you recover them. 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. What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? As a writer, Mackenzie has worked with several lawyers to create thoughtful, helpful content. This law exhibits the employer responsive foundation of the state’s employment law legislation. 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. Minimum Wage. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave 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, unless the employee is exempt for some reason. 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. When they work more than those set 40 hours, employers must pay them time and a half for their overtime. Iowa allows an overtime exemption for employees who can be classified as exempt from the Fair Labor Standards Act, or FLSA. The employment laws for minors apply whether they are exempt or nonexempt, though many jobs for teenagers are nonexempt. This makes it difficult to do the math to determine an hourly wage. ... owns and operates EmploymentLawHandbook.com. Most North Carolina labor laws for breaks are listed in Statute 95-25.5—located in the link. 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. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. This should be at least one and one-half times their regular hourly wage for every hour over the 40th. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). Earn a guaranteed minimum of at least $23,600 per year or $455 per week. 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). Currently, the federal minimum wage is $7.25 an hour. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. 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 Salaried Employee Labor Laws Salaries. Child Labor Laws. Overtime. They would calculate this by dividing the employee’s normal salary by 40. The hourly wage applies to the first 40 hours, and then the overtime (time and a half) wage applies to any additional hours. Non-compliant employers are also responsible for paying employees’ attorney’s fees. 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