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North Carolina Overtime Laws

North Carolina follows federal overtime law (FLSA), requiring time-and-a-half pay after 40 hours per week. Our attorneys recover unpaid wages for NC workers in agriculture, manufacturing, tech, and more.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

North Carolina vs. Federal Overtime Laws

πŸ”‘ Key Fact: Federal Law Applies

North Carolina's Wage and Hour Act mirrors federal FLSA. Most NC workers are covered by federal law, which provides strong protections including double damages for willful violations and a 3-year lookback for intentional wage theft.

Provision NC State Law Federal FLSA Which Applies?
Minimum Wage $7.25/hour $7.25/hour Same
Tipped Wage $2.13/hour $2.13/hour Same
Overtime Pay 1.5Γ— after 40 hrs/week 1.5Γ— after 40 hrs/week Same
Statute of Limitations 2 years (state) 2-3 years Federal (longer)
Liquidated Damages Not specified 2Γ— (double damages) Federal (better)
Attorney Fees Limited Mandatory if you win Federal (better)

Common North Carolina Overtime Violations

🌾 Agricultural Worker Violations

Tobacco, poultry, and hog farm workers often denied proper overtime. While some ag exemptions exist, many workers ARE entitled to overtime under FLSA.

🏭 Manufacturing Misclassification

Textile and furniture plants often misclassify production workers as "supervisors" or pay flat salaries without proper overtime calculation.

πŸ’» Tech Worker Misclassification

Research Triangle IT support, QA testers, and junior developers wrongly classified as exempt "computer professionals" when they don't meet salary/duties tests.

🏨 Hospitality Off-the-Clock

Outer Banks and Asheville hotels/restaurants requiring unpaid pre-shift setup, post-shift cleanup, or manipulating tip pools illegally.

🏦 Banking "Exempt" Fraud

Charlotte bank tellers, loan processors, and customer service reps misclassified as "administrative" exempt when their duties don't qualify.

πŸš› Transportation Violations

Trucking and logistics companies along I-85/I-40 corridors using 1099 misclassification or ignoring waiting time as compensable hours.

Common Violations by North Carolina Region

Charlotte Metro

Banking, Finance & Corporate:

  • Bank Staff: False "exempt" classification
  • Call Centers: Unpaid training, short breaks
  • Construction: Day rate without OT

Research Triangle

Raleigh, Durham, Chapel Hill:

  • IT Support: Misclassified as "professionals"
  • Lab Techs: Unpaid overtime in pharma
  • Contractors: 1099 when really W-2

Piedmont Triad

Greensboro, Winston-Salem, High Point:

  • Furniture Mfg: Salary without OT
  • Textiles: Piece-rate miscalculations
  • Logistics: FedEx/UPS hub violations

Coastal & Mountains

Outer Banks, Wilmington, Asheville:

  • Restaurants: Tip pool violations
  • Hotels: Off-the-clock cleaning
  • Seasonal: "Exempt" misclassification

What You Can Recover

Under Federal FLSA Law

πŸ’° Unpaid Overtime Wages

Recover 100% of the wages you were owed, going back 2 years (or 3 years for willful violations).

βš–οΈ Liquidated Damages (Double)

Federal law typically awards an equal amount as liquidated damages. If owed $10,000 in wages, you could recover $20,000 total.

πŸ“‹ Attorney Fees & Costs

The employer is required to pay your legal fees if you win. We take cases on contingency β€” no fee unless we win.

⏱️ Don't Wait - Time Limits Apply

Under federal law, you can recover unpaid wages for up to 3 years if the violation was willful. Every week you wait is money you may lose forever.

Federal Law Advantages for North Carolina Workers

Since North Carolina's wage laws mirror federal standards, we file your claim under Federal Law (FLSA) to maximize your recovery with stronger remedies.

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Federal Court Access
File in Eastern, Middle, or Western Districts of NC for efficient case handling.
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Double Damages
FLSA provides automatic liquidated damages, doubling your recovery.
πŸ“…
3-Year Lookback
Willful violations allow 3 years of back wages β€” more than state law.

Why Choose Our National Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help North Carolina workers recover unpaid wages through our network of skilled NC attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage expertise and local court knowledge.

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FLSA Specialists
We focus exclusively on wage and hour law β€” it's all we do.
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Local NC Partners
We work with experienced North Carolina employment attorneys.
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No Win, No Fee
We only get paid if you recover wages. Zero upfront cost.
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Free Consultation
Get a case evaluation at no cost β€” find out what you're owed.

πŸ’Ό Recovered Millions for Workers Nationwide

Let us put our experience to work for you.

Frequently Asked Questions

Does North Carolina have its own overtime law?

North Carolina's Wage and Hour Act largely follows federal law. For most workers, Federal FLSA provides the primary protections, including time-and-a-half pay after 40 hours per week.

What is the minimum wage in North Carolina in 2026?

The North Carolina minimum wage is $7.25 per hour, which matches the federal minimum wage. Some NC cities have discussed higher local minimums, but state law currently preempts them.

How far back can I recover unpaid wages in NC?

Under federal FLSA, you can recover unpaid wages going back 2 years, or 3 years if the violation was willful (the employer knew they were breaking the law).

Can I sue for double damages in North Carolina?

Yes. Under federal FLSA, you are entitled to liquidated damages equal to your unpaid wages β€” effectively doubling your recovery unless the employer proves a good faith defense.

Are agricultural workers entitled to overtime in NC?

It depends. Some agricultural workers have FLSA exemptions, but many β€” especially those at large commercial farms or processing facilities β€” ARE entitled to overtime. Each case requires individual analysis.

Can I file a wage claim if I'm paid a salary in NC?

Absolutely. Being paid a salary does not automatically make you exempt from overtime. You must meet specific duties tests (executive, administrative, professional) AND earn at least $684/week ($35,568/year) to be exempt.

What are common overtime violations in Research Triangle tech jobs?

Common violations include: IT support techs wrongly classified as "computer professionals," QA testers denied overtime, unpaid on-call time, and 1099 contractor misclassification for workers who are really employees.

Do I have to pay upfront for a wage claim attorney?

No. We handle all NC wage claims on a contingency fee basis β€” you pay nothing unless we win. FLSA also requires employers to pay reasonable attorney fees when workers prevail.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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