Do you believe you are being cheated out of the overtime pay or wages you have earned? If so, you should speak with an experienced employment attorney as soon as possible. At Gibbons Law Group, PLLC, we represent employees across North Carolina who have been denied overtime pay, minimum wages, or other compensation required by law. Whether you work in Charlotte, Raleigh, Wilmington, or anywhere else in the state, we can help you understand your rights and pursue the wages you are owed.

Understanding Overtime Pay Laws in North Carolina

Most overtime claims in North Carolina are governed by two laws:

  • The federal Fair Labor Standards Act (FLSA), and

  • The North Carolina Wage and Hour Act (NCWHA).

The FLSA applies to most employers with two or more employees who meet at least one of the following criteria:

  • Earn $500,000 or more in annual gross sales,

  • Provide care for the ill or elderly (such as hospitals, nursing homes, or mental health facilities),

  • Operate as an educational institution at any level, or

  • Function as a governmental agency.

Even if your employer does not meet these requirements, you may still be individually covered if your job involves interstate commerce, such as handling interstate communications, processing out-of-state transactions, or producing goods that move across state lines. In practice, most employers in North Carolina—including those in Charlotte, Raleigh, and Wilmington—are covered by the FLSA.

How Much Overtime Pay Am I Entitled To?

Under both the FLSA and the North Carolina Wage and Hour Act, covered employers must pay eligible employees one-and-a-half times their regular rate of pay for all hours worked over 40 hours in a workweek.

Certain public safety employees—such as firefighters and paramedics—may earn overtime based on work periods rather than a standard 40-hour workweek, but overtime protections still apply.

Am I Eligible for Overtime Pay?

Not all employees are entitled to overtime. Employers must classify employees as either exempt or non-exempt. Only non-exempt employees are eligible for overtime pay.

To determine whether an employee is properly classified as exempt under the FLSA, several questions must be answered:

  1. Is the employee paid on a salary basis? Only salaried employees may qualify as exempt.

  2. Does the employee meet the salary threshold? In most cases, an employee must earn more than $455 per week to be considered exempt.

  3. Do the employee’s job duties satisfy a recognized exemption? Job duties—not job titles—control whether an exemption applies.

Common Overtime Exemptions

The FLSA recognizes five primary exemptions that may affect overtime eligibility:

Executive Exemption

Applies to employees who manage a business or department, regularly supervise at least two employees, and have authority over hiring or firing decisions.

Administrative Exemption

Covers employees who perform non-manual office work related to business operations and exercise independent judgment on significant matters.

Professional Exemption

Applies to employees performing work requiring advanced knowledge in a recognized intellectual field, such as law, medicine, or higher education.

Computer Employee Exemption

Applies to employees engaged in high-level computer work such as programming, systems analysis, or software development. These employees may be paid hourly if they earn at least $27.63 per hour.

Outside Sales Exemption

Covers employees who primarily work away from the employer’s place of business making sales or obtaining service contracts. There is no salary requirement for this exemption.

Employees who do not clearly meet all requirements of an exemption are non-exempt and entitled to overtime pay. Many blue-collar workers and fire protection employees in North Carolina are non-exempt due to the nature of their duties.

Common Ways Employers Violate Overtime Laws

Wage and hour violations are common throughout North Carolina. Employers may violate the law by:

  • Misclassifying employees as exempt,

  • Failing to include bonuses or commissions in the overtime rate,

  • Requiring off-the-clock work,

  • Not counting travel time, training, or preparatory work as hours worked, or

  • Improperly calculating overtime hours.

If your employer failed to pay you correctly, you may have a legal claim for unpaid wages and overtime.

What Can I Recover in an Overtime or Unpaid Wages Case?

If we establish that your employer violated the FLSA or North Carolina law, you may be entitled to recover:

  • Back pay for unpaid overtime or wages,

  • Liquidated damages equal to double the unpaid wages (unless the employer proves good faith), and

  • Attorney’s fees and costs.

These remedies are designed to fully compensate employees and deter employers from violating wage laws.

Speak With a North Carolina Overtime Attorney

Being paid less than what you earned is frustrating—and unlawful. You have the right to hold your employer accountable. Attorney Phil Gibbons has decades of experience representing employees in wage and hour disputes throughout North Carolina.

To discuss your overtime or unpaid wages claim, contact Gibbons Law Group, PLLC at (704) 612-0038 or complete our online contact form. We represent employees in Charlotte, Raleigh, Wilmington, and statewide.