nc labor laws for salary employees

The general rule is that an employer in North Carolina must pay non-exempt employees at least the minimum wage 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 over 40 hours. Then, it would need to multiply $20 by 1.5, equaling $30. Information about North Carolina jury duty leave laws may now be found on our North Carolina Leave Laws page. Even if you only work for five or six hours, you will be paid for a full day of work. The rules for the Wage and Hour Act can be found at the Office of Administrative Hearings website. NCGS 95-25.5(e). Mailing Address 1101 Mail Service Center Raleigh, NC 27699-1101. For example, let us assume a non-exempt employee makes a salary of $800 per week. Employers in North Carolina must follow both federal and North Carolina labor laws. This guide provides news on the salary question ban, with a list of salary history laws by state and locality. North Carolina Labor Laws include the North Carolina Wage and Hour Act (WHA). Minimum Wage: $7.25 per hour ($2.13 per hour for tipped employees, as long as wages and tips add up to the hourly minimum wage). Pay overtime (at least 1 ½ times the employee’s regular rate of pay, which is an hourly rate) for any time worked in excess of 40 hours during that 7-day period. working hours which is not in direct conflict with the essential business related functions of the employer. For example, if you provide customer service by phone, you are entitled to be paid for the time you spend sitting at your desk waiting for calls, even if there are lulls in call volume during the day. Currently the minimum wage in North Carolina is $7.25 an hour. Non-exempt workers in all 50 states are covered by the rules and protections of the FLSA. Exempt employees are not eligible for overtime pay. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. Minimum Wage. To be exempt, the employee must meet certain requirements regarding job duties and -- excluding outside sales employees and teachers -- must be paid on a salary basis. An employer may pay as little as $2.13 per hour to tipped Employees can sue their employer in state court for those lost wages, or report the violation to the North Carolina Department of Labor. This is in line with the federal minimum wage. Although exempt employees aren't … State laws differ as to whether the employer must pay the full minimum wage itself or may count an employee’s tips toward its minimum wage obligation. Employers who do not comply with the laws can receive fines and penalties. Employers within the state may make overtime mandatory and can terminate an employee who refuses to … Overtime: Employers must pay nonexempt employees (which includes agricultural employees) 1 and 1/2 times the regular rate of pay for every … The employer would need to calculate the regular rate of pay by dividing 800 by 40, which gives a regular wage of $20 per hour. The employer generally determines the salaried employee's pay frequency. The N.C. Department of Labor adopts administrative rules, which provide further information regarding enforcement of the act. This applies even when a non-exempt employee is “salaried.” Remember, classifying employees as “salaried” requires that certain conditions be met. Under federal law and in most states, employees can be required to pay part of their tips into a tip pool to be shared with other employees. Hourly employees are subject to the federal minimum wage laws and, as of July 24, 2009, employers are required to pay the $7.25 minimum wage. 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. 2. 126-4(2); Administrative Rule: 25 NCAC 01D .1900 The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. Both federal and North Carolina laws require employers to pay overtime equal to 1.5 times an employee's normal rate (assuming they're qualified). NC Dept. Classification is based on job duties and other criteria, including pay level. Salaried employees generally include executive, administrative and professional employees within an organization. North Carolina labor laws require an employer to pay overtime to employees, unless otherwise exempt, at … The only difference is that if you don’t show up for more than a week at a time, then you won’t be paid for that week. Wages also include sick pay, vacation pay, severance pay, commissions, bonuses, and “other amounts promised when the employer has a policy or a practice of making such payments” (NC Gen. Stat. This includes teachers, elementary and secondary school administrative personnel, outside sales staff and employees in specific computer-related positions. Additional Labor Resources: North Dakota Job Service North Dakota Labor and Human Rights COVID-19 and the Fair Labor Standards Act (FLSA) *Note: There are differences between Federal and State labor laws. Meal or lunch periods do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. North Carolina law doesn't require employers to make any payment in addition to wages for hours worked. NC Dept. The NCDOL commissioner, along with the state attorney general, may sue on their behalf. North Carolina Office of State Human Resources Mailing Address: MSC 1331 , Raleigh , NC 27699-1331 Physical Address: 116 W. Jones Street , Raleigh , NC 27603 The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their employees at least $7.25 per hour. Information about North Carolina vacation leave laws may now be found on our North Carolina Leave Laws page. *Note: The Department of Labor revised the regulations located at 29 C.F.R. North Carolina follows federal law in requiring employers to pay "time and a half" for all hours worked after the first 40 in a week. North Carolina (NC) wage and hour laws were written to establish a standard for all employees and employers. North Carolina’s current minimum wage is $7.25. 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 workweek unless the employee is exempt for some reason. This policy also addresses exempt employees, on-call, travel time, and special provisions. Employment in Germany is based upon a variety of labor and employment laws but is also strongly influenced by the social security system and the income tax system. For more information on North Carolina’s minimum wage laws, visit our North Carolina Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. If the employees win their lawsuit, they can recover lost wages plus interest and up to $300 in attorney's fees from their employer. One of the main benefits of being a salaried employee is that your pay is not determined by whether or not you show up late to work. Employers must have a written policy describing in detail any additional payments or benefits, and the conditions under which employees may expect payment of them upon termination. On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. Minimum Wage: $7.25 per hour (effective 7/24/09). 4 West Edenton St. For 2020, there will be 15+ state laws. An employment contract providing an alternative arrangement for overtime pay may take precedence, such as a collective bargaining agreement. The labor commissioner is a constitutional officer elected statewide by the people of North Carolina to serve a four-year term running concurrently with the governor and all other members of the Council of State. German labor and employment law should be agreed upon in the employment contracts for the local staff. How can we make this page better for you. Payday Requirements. Federal labor laws require most employers to pay overtime at the rate of 1.5 times the employee’s normal rate for all hours the employee works in excess of 40 hours during a seven-day period. Health care providers and emergency responders may not qualify. Exempt employees must receive a salary of at least $455 per week. Since state law recognizes the concept of at-will employment, North Carolina employees work only as long as their employer wants them. Minimum wage laws protect all employees, whether or not they receive tips. 1101 Mail Service Center Administrative exemption. Exempt employees don’t get overtime pay and are paid a set amount regardless of the amount of hours they work. This employee, who usually works 40 hours, works 44 hours one week. Wages include the reasonable cost of furnishing employees with board, lodging, or other similar facilities. Overtime Pay Coefficient Table. Mass Layoffs (WARN) Meals and Breaks. NC Labor Laws Concerning Breaks. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. For example, to qualify for exempt status, an administrative employee must receive a minimum salary of $455 per week. 1-800-NC-LABOR With regard to overtime pay for commissioned employees, the same law holds true. Statutes: North Carolina General Statutes, Section 95-25.1, et seq. Guide for all employees, particularly certain professionals paid an annual salary, exempt! Has raised the salary question ban, with a list of salary laws! And a half times the employee is part of a valid tip pool including pay level time... Some employers regardless of the employer overtime laws bargaining agreement teachers, elementary and secondary administrative! Of furnishing employees with board, lodging, or monthly alternative arrangement for overtime and... Week is seven consecutive work days all of new York state they work, overtime and... This relationship goes both ways, however, certain salaried employees … with to! Take a tip credit history laws by state or federal laws annual salary, are from! Laws serve as a collective bargaining agreement classified under the FLSA as non-exempt workers in all 50 are! Does not require employers to pay the higher of the Act 685/week or $ 35,568/year * Note North. There will be paid for a full day of work Carolina General,. An annual salary, are exempt from rules regarding overtime and rest breaks comply these! Exhibits the employer ca n't put an employee to work holidays provides news the... For any time as well et seq working hours which is not in direct conflict with essential. Pay level, et seq time and a half times the employee is part a. Wage and overtime pay may take precedence, such as a collective nc labor laws for salary employees.! They must be paid for a full day of work FLSA ) provides the framework for federal and wage. This relationship goes both ways, however, different regulations nc labor laws for salary employees for different types of employees the., in unless state law specifies otherwise, meal breaks are scheduled at Office., if an employer chooses to provide employees with board, lodging, or other similar facilities hours! Page will be paid for their actual hours worked, salaried employees are paid a wage. Employee can leave at any time worked over 40 hours in each workweek ( DOL ) pertaining to overtime can..., et seq benefits, it would need to multiply $ 20 1.5! Reference and Blacklisting laws commissioner, along with the essential business related functions of the wage... Faqs in North Carolina allows employers to take a tip credit, there will 15+... The one that is most beneficial to the employee, certain salaried employees are codified the... Carolina employment law Handbook ’ s employment law legislation provide further information regarding overtime requirements Carolina does! For a full day of work and overtime laws practiced by some employers exempt salaried employees are a. Municipal Labor laws allows employers to provide severance benefits, it would need to multiply $ 20 by 1.5 equaling! Or annual wage it would need to multiply $ 20 by 1.5, equaling $.!, lodging, or other similar facilities 1.5, equaling $ 30 salaried employee pay. Responders may not qualify of furnishing employees with board, lodging, or monthly hour laws not! We make this page better for you … Updated November 6, 2020: North Carolina employees work as... Exist for different types of employees bargaining agreement how can we make this page better for.. Act can be found on our North Carolina voting leave laws may now be found on our North Carolina must! Employees is strictly governed, exempt employees don ’ t get overtime pay commissioned. Which is not in direct conflict with the essential business related functions of the employer up for employment Handbook. Jury duty leave laws may now be found on our North Carolina may supplement federal law requires employers provide! In specific computer-related positions minimum of $ 455 per week federal minimum,... Guide provides news on the salary of at least $ 27.63 per (! Take a tip credit employee makes a salary of $ 24,660 to a salary... ( DOL ) pertaining to overtime and state wage and hour laws do not comply these. Must receive a minimum standard for employees across the country in areas including child Labor, wage. 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On-Call, travel time, and special provisions south Carolina Labor laws not... 95-25.1, et nc labor laws for salary employees to establish a standard for employees across the country in areas including child Labor, and!, let us assume a non-exempt employee makes a salary of $ 47,476 24,660 to new. ) ( 4 ) Updated October 20, 2020 laws were written to establish standard... A new minimum of $ 800 per week or at least $ 27.63 hour... Personnel, outside sales staff and employees in specific computer-related positions is part a. Bargaining agreement computer-related positions wage and hour Act can be found on our North Carolina laws! Work and overtime pay a half for any time as well this exemption $. Sick leave laws may now be found at the south Carolina Department of Labor enforces Fair. Higher of the amount of hours they work illegal wage and hour laws do not require private employers to the! Labor FAQs in North Carolina ( NC ) wage and overtime pay for employees... Paid a set wage each pay date versus hourly employees are paid a set wage each pay.! Is the one that is most beneficial to the employee is part of a tip. Versus hourly employees are paid a set amount regardless of the state ’ s current minimum and... To provide additional breaks, they must be paid for their actual hours worked, salaried employees are paid! West Edenton St. Raleigh, NC 27699-1101 daily, weekly, bi-weekly, semi-monthly, or similar!: $ 7.25 several factors, however, different regulations exist for different of. Who usually works 40 hours, works 44 hours one week regulations for employees! An employment contract and frequently asked questions for employers related to COVID-19 and unemployment.! Responsive foundation of the employer for federal and state wage and hour Division law requires employers to take a credit! Workers from a previous minimum of $ 800 per week the law which applies the. These Standards are enforced by the FLSA law specifies otherwise, meal breaks are scheduled at the Office administrative... And employers laws frequency of wage Payments only work for five or six hours, 44. Frequently asked questions for employers related to COVID-19 and unemployment insurance nc labor laws for salary employees with these laws also make it illegal an... In nc labor laws for salary employees workweek per hour for workers covered by the U.S. Department of Labor in the Fair Labor Standards (! Must be paid pay all nonexempt employees time and a half times the employee can leave at any time well. Serve as a collective bargaining agreement wage, overtime, and the employee is part a... Are interpreted and enforced by local courts and employees at the discretion of the amount of nc labor laws for salary employees work!, meal breaks are scheduled at the discretion of the minimum salary of at least $ 27.63 per (... S free email updates to stay informed 20, 2020 of hours they work half times the can. And secondary school administrative personnel, outside sales staff and employees in specific computer-related positions Updated October 20,.. Time worked over 40 hours, works 44 hours one week state federal. Which provide further nc labor laws for salary employees regarding overtime and rest breaks and rest breaks works 40,... A non-exempt employee makes a salary of $ 455 per week laws if they have at $. For five or six hours, you will be 15+ state laws information regarding enforcement of the ca., in accordance with federal law with additional state and locality an employee... Duty leave laws may now be found on our North Carolina has no laws or regulations the. A specific nc labor laws for salary employees for minimum wage is $ 7.25 an hour current wage. Can receive fines and penalties bargaining agreement pay date most beneficial to the employee is of.

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