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North Carolina Overtime: What you need to know

The federal Fair Labor Standards Act (FLSA) is a law that sets minimum wage and overtime rates for virtually all enterprises involved in interstate activities. FLSA applies in every state, but it permits states to make laws that are more generous to employees and laws to regulate the rare cases in which federal law does not apply.
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North Carolina law requires employers to pay workers 11/2 times their regular rate of pay for every hour worked over 40 in a workweek. Since this is identical to the federal overtime requirement, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard.
Note: The federal Department of Labor’s (DOL) final overtime regulations, effective December 1, 2016, have increased the salary level for exemption, will automatically update the salary threshold every 3 years going forward, and have allowed for the inclusion of nondiscretionary bonuses, incentive payments, and commissions toward as much as 10 percent of the salary threshold.
North Carolina law exempts anyone employed in a bona fide executive, administrative, or professional capacity, as defined by federal law, from overtime pay requirements.
In addition, the North Carolina law requiring overtime does not apply to (NC Gen. Stat. Sec. 95-25.14):
• Outside salespeople
• Farm workers
• Employer's immediate family
• Public employees
• Drivers, drivers' helpers, loaders, and mechanics
• Domestic servants and baby-sitters
• Live-in child care workers and live-in employees in homes for children
• Radio and television announcers, news editors, and chief engineers
• Prisoners and confined mental patients
• Models, actors, and performers
• Sailors and railroad and air carrier ...

>> Read more about Overtime

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State Requirements

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North Carolina Overtime Resources

Overtime Products

Compensation.BLR.com
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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers. Download now."
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BLR Webinar: "Calculating Overtime: Step-by-Step Strategies to Avoid Big Mistakes With Overtime Rules and Math""
FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers."
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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