Overtime - North Carolina

Summary of differences between federal and state regulations

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

North Carolina employees will be paid a rate not less than one and one-half times their regular rate of pay for time worked in excess of 40 hours per week.  However, employees of seasonal amusement or recreational establishments will be paid the overtime rate only for hours in excess of 45 per week.

State

Contact

North Carolina Department of Labor, Labor Standards Bureau

Regulations

Wage and Hour Act

NC General Statute – Chapter 95, Article 2A – Overtime. (§95-25.4)

(a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week; provided that employers of seasonal amusement or recreational establishment employees are required to pay those employees the overtime rate only for hours in excess of 45 per workweek.

(b) Repealed by Session Laws 1991, c. 330, s. 2. (1973, c. 685, s. 1; 1979, c. 839, s. 1; 1991, c. 330, s. 2, c. 492, s. 1.)

www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_95/Article_2A.pdf

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29 Part 785.