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. Youths have questions. North Carolina $7.25 an hour. The decision to call an employee back in to work on a scheduled day off is entirely up to the employer. 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. The rules are the same for a large corporation or a small mom-and-pop business. 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. 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. North Carolina. Salaried employees are entitled to overtime pay when working more than 40 hours in a week. North Carolina's Overtime Minimum Wage . And pursuant to N.C.G.S. Each state has its own quirky laws but North Carolina has some downright weird ones. Hospitality has many jobs. 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. The employer does not have give its employees any advanced notice of having to work extra hours. 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. State and Federal Statutes. 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. Stay up-to-date with how the law affects your life, Name 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 … The Webmanager is unable to assist users of this service with legal questions. 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. Copyright © 2020, Thomson Reuters. 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. There is no limit on the number of hours the adult employee may be required to work. North Carolina Overtime Laws. The North Carolina Department of Labor manages wage and hour issues for North Carolina. 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. It depends, but understanding the law and how it applies to your situation is the first step. 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. 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.". Learn about North Carolina overtime laws below, including eligibility rules and the manner in which overtime pay is calculated. 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. 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. This section focuses only on overtime pay and state statutes related to meal and rest breaks. 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. Also, the Wage and Hour Act does not require mandatory rest breaks or meal breaks for employees 16 years of age or older. Visit our professional site », Created by FindLaw's team of legal writers and editors The overtime rate under North Carolina law is 1.5 times an employee’s regular pay rate. North Carolina law does not require private employers to provide employees with either paid or unpaid holiday leave. An employer can make the working of overtime hours as a condition of employment. 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. Each workweek stands on its own. North Carolina employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. Firefox, or 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. | Last updated may 14, 2019 law are fined $ 25 specific information … North Department. 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