North Carolina Wage and Hour FAQs

North Carolina Overtime, Wage and Hour Questions

Back to North Carolina Overtime Law

Are North Carolina workers entitled to rest breaks or meal periods?

North Carolina wage and hour law does not require employers to provide rest breaks or meal periods to workers ages 16 or older. Employees under the age of 16 must receive a 30-minute break after working for five hours.

What is the maximum number of hours an employer can require an adult employee to work?

Employees ages 18 and older can be required to work as many hours as the employer deems necessary. The employer must pay the worker at least the minimum wage or promised wages (whichever is greater) and pay 1.5 times the employee’s regular rate for hours worked in excess of 40 during a single workweek, unless the employee is exempt from overtime pay.

Can salaried employees receive overtime?

Yes. Salaried workers are not automatically exempt from overtime pay just because they are paid on a salary basis. Salaried employees must also meet certain tests regarding their job duties to be exempt from overtime pay.

Are employees entitled to pay stubs?

Yes. Employers must provide each of their workers with pay stubs detailing the deductions for that pay period. In North Carolina, pay stubs do not have to include the employee’s pay rate or hours worked.

Can North Carolina employers average workweeks?

No. Overtime is based on hours worked per workweek. Under North Carolina wage and hour law, each workweek stands on its own, regardless of the length of the pay period. Non-exempt employees should receive time-and-a-half compensation for hours worked over 40 in a single workweek.

Can part-time employees receive overtime?

Yes. Both part-time and full-time employees may be eligible for overtime pay, which is based on whether an employee works more than 40 hours per week.

Are workers entitled to overtime pay when working on a holiday, Saturday or Sunday?

No, unless the employer promised premium pay for working on these days.

If an employee quits or is fired, when should they receive their final paycheck?

Employees who quit or are fired must be paid by the next regularly scheduled payday for the pay period worked when the separation occurred.

Are workers entitled to paid vacation time?

No. Vacation pay is a fringe benefits offered at the discretion of the employer. However, if the employer promises vacation time, they must have a written policy detailing vacation accrual and how days can be taken. Earned vacation becomes payable upon termination, unless the company has a written clause regarding the forfeiture of vacation days.

Are part-time employees entitled to the same benefits as full-time workers?

No. Employers have the right to determine who can receive benefits, as long as the company does not discriminate on the basis of age, gender, religion, national origin, race, religion or disability.