The rule in North Carolina
In North Carolina, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “Premium required after 45 hours a week in seasonal amusement or recreational establishments.”
Seasonal amusement and recreation
Premium required after 45 hours a week in seasonal amusement or recreational establishments.
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Other North Carolina pay rules worth knowing
- Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
- Unused PTO: Wages may not be forfeited unless you were notified in writing of the forfeiture policy. Employees not notified are not subject to forfeiture.
- Late final pay: Liquidated damages equal to the unpaid wages, on top of the wages themselves.
North Carolina final paycheck law and deadline calculator →
North Carolina overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in North Carolina as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does North Carolina's 45-hour rule apply to me?
Only if you work in a seasonal amusement or recreational establishment, where state law requires the overtime premium after 45 hours a week. For every other job covered by North Carolina law, overtime starts after 40 hours in a workweek — the same threshold as the federal Fair Labor Standards Act.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked: a timesheet from this page, photos of the posted schedule, messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a wage complaint with the NC Department of Labor, Wage and Hour Bureau, generally within 2 years. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
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