North Carolina Overtime Laws

  North Carolina law, while having its own minimum wage provisions, largely relies on federal regulations for overtime pay. Understanding the interplay between state and federal law is crucial for both employers and employees to ensure compliance and fair compensation.

 

Key Provisions of North Carolina Overtime Law:

  • Overtime Pay: North Carolina follows the federal FLSA requirement that employers pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
  • Minimum Wage: Both federal and North Carolina law set the minimum wage at $7.25 per hour. Employers must pay at least this amount.
  • Daily Overtime: North Carolina does not require daily overtime. Overtime is calculated on a weekly basis.
  • Enforcement: Because North Carolina’s overtime regulations are primarily based on the FLSA, enforcement actions typically occur under federal law. Employees seeking to pursue overtime claims will generally do so through federal channels.

Statute of Limitations for Claims

The statute of limitations, which defines the time limit for filing a lawsuit, is crucial in overtime cases. Under the FLSA, the statute of limitations is:

            • 2 years for standard violations.
            • 3 years for willful violations (where the employer knew or showed reckless disregard for the law).

Damages for Unpaid Overtime

Employees who successfully pursue an overtime claim under the FLSA may be entitled to recover various forms of compensation, including:

                • Unpaid overtime wages.
                • Liquidated damages (an additional amount equal to the unpaid wages).
                • Attorneys’ fees and court costs.

 

Need Help with North Carolina Overtime Laws?

  If you believe your employer has violated your overtime rights, it’s essential to seek legal counsel from an experienced employment law attorney. Our firm can provide comprehensive guidance and representation to help you understand your options and pursue a claim for unpaid wages. We are dedicated to protecting your right to fair compensation.