Like federal overtime law, North Carolina state law requires that an employer pay an employee time and a half (based on the employee’s regular rate of pay) for any hours worked over 40 in a given work week. However, employers of seasonal amusement of recreational establishments are only required to pay overtime for hours worked over 45 in any given workweek.

Anyone who is not covered by the state’s minimum wage requirements is not covered by the overtime requirements either. This includes anyone covered by federal labor laws (i.e. anyone engaged in interstate commerce), which includes the majority of workers in the state, as well as the other exceptions outlined below. In addition, the following individuals covered by North Carolina’s minimum wage law are not covered by its overtime provisions:

• Drivers, drivers’ helpers, loaders and mechanics
• Taxi drivers
• Seamen
• Railroad and air carrier employees
• Salespersons, mechanics, and parts people employed by automotive, truck, and farm implement dealers
• Salespersons employed by trailer, boat, and aircraft dealers
• Live in child-care workers or other live in employees in homes for dependent children
• Radio and television announcers, news editors, and chief engineers (only applies in small towns and cities)

The minimum wage in North Carolina is $7.25, which is the same as the federal minimum wage. The minimum wage for tipped employees is $2.13 per hour. However, employers must ensure that tipped employees earn at least the minimum wage in total compensation, including tips. If a tipped employee’s tips don’t make up the difference between their cash wage and the minimum wage, the employer must pay more than $2.13 per hour. See the North Carolina website for more information.

Like federal law, North Carolina does not require rest or meal breaks for employees over the age of 15. For employees ages 14-15, a 30-minute break is required after five hours of work. If an employer does provide breaks, that employer must pay you for the time off unless the break is 30 minutes or longer.

The North Carolina Department of Labor’s Standards and Inspections Division, Wage and Hour Bureau handles wage and hour complaints. See their website for more information.

Do not delay in contacting the North Carolina Department of Labor to file a claim. There are strict time limits in which charges of wage and hour violations must be filed. There is a two-year statute of limitations on all wage claims cases with the state of North Carolina, so if you wait more than two years after you are owed wages to file a complaint, the Department cannot do anything for you. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the North Carolina Department of Labor.

If you choose, you can bring a suit in the General Court of Justice without filing a claim with the North Carolina Department of Labor. If you do so, there is a two-year statute of limitations. If you are successful, you are entitled to twice the amount you are owed (plus interest), unless your employer can prove (s)he acted in good faith, in which case you are only entitled to what you are owed, plus interest. The court may also require your employer to pay your litigation costs and attorneys’ fees, although if you bring a frivolous action, you will be required to pay your employer’s litigation costs and attorney’s fees.