What a week pays in North Carolina
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under North Carolina rules that is 40 regular hours and 4 hours of overtime, for $920.00.
That matches federal rules alone, because North Carolina’s rule does not pay more than the federal 40-hour week for this schedule. Change the hours in the calculator above to test your own week.
Who the rule covers
State law applies only to employers not covered by the FLSA: the overtime provision does not apply to anyone employed in an enterprise engaged in commerce as defined in the FLSA (G.S. 95-25.14(a)(1)).
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
For the federal overtime deduction, only the premium on hours over 40 in a week counts, the same in North Carolina as everywhere else. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in North Carolina?
North Carolina's overtime rule (1.5 times the regular rate after 40 hours in a workweek) covers only employees of enterprises not covered by the FLSA. Employees of FLSA-covered enterprises receive federal overtime.
Does North Carolina have daily overtime?
No. North Carolina has no daily overtime rule for most employees, so overtime is owed for hours over 40 in a workweek under federal law.
Is double time required in North Carolina?
No. North Carolina law does not require double time. It is paid only when an employer policy or a union contract provides for it.
Can a North Carolina employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.