North Carolina Overtime laws & HR compliance analysis

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. The 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. 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. Because 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.
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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
• Farmworkers
• Employer's immediate family
• Public employees
• Drivers, drivers' helpers, loaders, and mechanics
• Domestic servants and babysitters
• Live-in childcare 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 employees
• Workers at nonprofit conference centers or children's seasonal camps
• Persons employed as computer systems analysts, computer programmers, or software engineers
• Persons employed as a page in the North Carolina General Assembly or in the governor's office
• Persons employed in the catching, processing, or first sale of seafood
• Hours worked as a bona fide ...

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