Exempt salaried employees are paid a standard weekly, monthly or annual wage. Such wages may not be … NC Dept. When determining the rights of an employee in the state, first determine if the employee is truly exempt from employment regulations. Most employers expect their non-exempt, salaried employees to work 40 hours a week, on a set schedule. Supreme Court limits employee class action rights. Disability Discrimination (ADA) Discrimination Laws. 95-25.6 Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. Carry out “exempt job duties” at the FLSA defines. If employers lose the lawsuits, they can receive an order to pay employees up to three times the amount of back wages the employees are due. 2  This means you owe us nothing unless we recover unpaid wages for you. Currently, the federal minimum wage is $7.25 an hour. This gives them the employee’s hourly wage. If you believe your employee rights have been violated, or you need assistance with a disability claim, fill out our contact form and tell us a little bit about your case. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. North Carolina Labor Laws include the North Carolina Wage and Hour Act (WHA). However, you do not need to handle this alone. Employees who are exempt from the law are not entitled to overtime or the federal minimum wage, but employers may not make improper pay deductions from their salary. The employee’s check should include $800 in regular wages and an additional $120 for the four hours of overtime, totaling $920. It is important to note employers cannot use this method to calculate overtime unless they meet certain conditions: To calculate overtime pay when an employee has a fluctuating workweek, the employer must divide the salary by the total hours worked that week, and then multiply the resulting hourly wage by no less than .5 to get the remainder of their overtime wage. They cannot work past 7 p.m. in the school year or 9 p.m. in the summer. What Am I Entitled To Receive If I File An Overtime Lawsuit In North Carolina And Win? Employees have up to three years to file complaints with the South … This would give you $8. North Carolina General Statutes: Chapter 95, Section 25.4 Fair Labor Standards Act of 1938 (FLSA); Overtime Calculation Methods: Hourly: Pay time and a half over 40 hours work/week.. North Carolina has no laws or regulations beyond the federal law. To get your overtime pay, your employer would need to multiply your hourly wage by at least .5 to get the remainder of your overtime wages. As a writer, Mackenzie has worked with several lawyers to create thoughtful, helpful content. Can my employer institute mandatory overtime? Classification. Because North Carolina is an at-will employment state, employers are allowed to fire employees for almost any reason. For example, any job that is covered by a different federal act does not qualify for rights under the FLSA. The employment laws for minors apply whether they are exempt or nonexempt, though many jobs for teenagers are nonexempt. Related: Can I Be Entitled To Overtime Pay If I Am A Home Health Care Employee In North Carolina? The rules for the Wage and Hour Act can be found at the Office of Administrative Hearings website. Certain salaried workers who are exempt from receiving overtime pay must receive at least $455 a week, according to Fair Labor Standards Act laws. 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