In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. Misclassifying an employee as an independent contractor (using Form 1099) is considered tax evasion, so please call us if you're not sure how to classify your worker. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. How can we make this page better for you? an act to exempt certain school psychologists from north carolina psychology board licensure; to clarify use of digital learning plan funds; to make modifications to the 2020-2021 school calendar … Usage is subject to our Terms and Privacy Policy. Content © 2020 Minimum-Wage.org, all rights reserved. However, some employers violate North Carolina and federal overtime laws by misclassifying non-exempt employees as exempt or failing to pay a non-exempt employee the proper amount of overtime pay. North Carolina law requires employers to pay workers 1 1 / 2 times their regular rate of pay for every hour worked over 40 in a workweek. Another way of computing overtime pay shown below will produce the same results: Answer (2): $290 (40 hours X $7.25 per hour) + $217.60 (20 hours X $10.88 per hour) = $507.60 gross wages, $507.60 gross wages – $307.20 (60 hours X $5.12 per hour tip credit) = $200.40 cash wages. If the private employer's gross sales or receipts for a year are equal to or greater than $500,000; if it is a part of a chain operation with three or more units or there are 30 or more employees; if the employer is a hospital, school, nursing home, group home for the mentally or physically disabled, or day care center; or the employer is a domestic, agricultural or governmental employer; contact the U.S. Department of Labor Wage and Hour Division office in either Charlotte at 704-749-3360, Raleigh at 919-790-2741, or visit the. State Overtime Laws Weekly And Daily 2020 A summary of state overtime laws and rules are listed in the following table. Each workweek stands on its own regardless of the length of the pay periods. Understanding your rights under the FLSA and state overtime laws is difficult, and the overtime pay calculations necessary to determine the proper rate of overtime … Phil Gibbons, Charlotte, NC Employee Rights Lawyer, Can Help Salaried Employees Recover Unpaid Wages. The following is an example of how to calculate the wages owed to a tipped employee during an overtime week: Facts: Tipped employee is paid at the minimum cash wage rate of $2.13 an hour and earns $15 an hour in tips for the week. Therefore, North Carolina's overtime minimum wage is $10.88 per hour, one and a half times the regular North Carolina minimum wage of $7.25 per hour. For purposes of overtime pay, employers of tipped employees must calculate the time and one-half overtime pay based on the employee’s regular rate of pay, which includes both the cash wage paid to the employee and the tip credit counted as wages for the employee (for a more thorough discussion on the tip credit, please see the North Carolina Minimum Wage fact sheet) to equal at least $7.25 per hour, which becomes the regular rate of pay for a tipped employee. Employee Notice. On September 24, 2019, the Department of Labor (DOL) announced its final rule updating the salary threshold for the FLSA’s so-called “white collar” exemptions. 4 West Edenton St. Is any of our data outdated or broken? If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. If employee works 60 hours during the work week, how much should they be paid? Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. As it stands, the Trump Administration’s new rule will take effect on January 1, 2020. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. To review CFR 553, Application of the FLSA to Employees of State and Local Government, visit their website. North Carolina Office of State Human Resources Mailing Address: MSC 1331 , Raleigh , NC 27699-1331 Physical Address: 116 W. Jones Street , Raleigh , NC 27603 This means an employee who works overtime must be paid "time and a half"—the employee's usual hourly wage plus the 50% overtime premium—for every overtime … Overview of the 2020 Overtime Pay Rule. This site is a free public service not affiliated with the Department of Labor or any governmental organization. Employers who have an existing North Carolina All-On-One™ Labor Law Poster can comply with the posting requirement using the 2020 North Carolina Wage and Hour Act Peel ‘N Post™ sticker. 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. That’s because new overtime regulations take effect on January 1, 2020. When calculating wages owed, employers should calculate the net wages after taxes prior to making the adjustment for the tip credit allowed under the Wage and Hour Act. The weekly earnings estimate of $290.00 is based on a standard 40-hour workweek. All businesses covered by the law (i.e., private sector employers with fewer than … 1101 Mail Service Center There are certain requirements that governmental employers must meet to give "time and one-half" comp time to its nonexempt employees. Hours of Work and Overtime Compensation (continued) _____ Hours of Work and Overtime Compensation . Minimum Wage Employees shall be paid the Federal minimum wage or the North … 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. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. North Carolina Overtime Pay Laws - NC Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. If the private employer's gross sales or receipts for a year are less than $500,000, if you do not know the gross sales, or the employer is a private nonprofit organization, call NCDOL at  919-707-7970 in Raleigh or toll-free in North Carolina at 1-800-NC-LABOR (1-800-625-2267). 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