Charlotte, NC asked in Employment Law for North Carolina

Q: Is it legal in NC for an employer to not pay you time in a half but instead give you straight hourly pay ?

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2 Lawyer Answers
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: Generally no. But this is very specific to the job you have in terms of its classification. This is the link which discusses NC law on this issue.

http://www.nclabor.com/wh/fact%20sheets/overtimepay.htm

My advice would be to talk to an employment attorney about your exact circumstances.

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Kirk Angel
Kirk Angel
Answered
  • Knoxville, TN
  • Licensed in North Carolina

A: The answer to your question will depend on a number of factors which would need to be addressed in a consultation with an employment attorney. There are a couple of general rules that do apply in all cases. First, an employer is not required to pay an exempt employee time and a half for overtime. In fact, an exempt employee does not need to be compensated an additional amount no matter how many hours the employee works. Second, an employer is generally required to pay a non-exempt employee time and a half for any time worked in excess of 40 hours in a workweek. The employer is not required to pay time and a half for any other circumstance (holiday, etc.) under our wage and hour laws. There are also some exceptions to the rule requiring time and a half for non-exempt employees. Those exceptions are generally based on the nature of the employer (governmental, trucking etc.) or the nature of the work (commission, fluctuating workweek pay etc.)

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