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Employee Classification: North Carolina

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Connie Carrigan, Smith Debnam Narron Drake Saintsing & Myers, LLP

Summary

  • Several types of employees are exempt from the minimum wage, overtime, child labor and recordkeeping provisions of the North Carolina Wage and Hour Act. See Minimum Wage, Overtime, Child Labor and Recordkeeping Exemptions.
  • Other types of employees are exempt from the minimum wage, overtime and recordkeeping provisions of the North Carolina Wage and Hour Act, but not its child labor provisions. See Minimum Wage, Overtime and Recordkeeping Exemptions.
  • Still other employees are exempt only from the overtime and recordkeeping requirements of the North Carolina Wage and Hour Act, but not its minimum wage and child labor provisions. See Overtime and Recordkeeping Exemptions.
  • By regulation, the North Carolina Department of Labor has adopted the U.S. Department of Labor's interpretations of the scope of these exemptions and any other identical terms that appear in both the Fair Labor Standards Act and the North Carolina Wage and Hour Act. North Carolina courts have also adopted federal interpretations of these exemptions. See Spencer v. Hyde County, +959 F. Supp. 721 (E.D.N.C. 1997).