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Thread: Transfer of hours to different pay period to avoid paying overtime: North Carolina

  1. #1
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    Default Transfer of hours to different pay period to avoid paying overtime: North Carolina

    i noticed on my pay stub that I got paid less hours then what I actually worked, and on the pay stub before that I was paid for more hours than I actually worked,
    and Im pretty sure that my employer transferred some of my hours from one pay period to previous pay period to avoid paying me overtime (i get paid bi-weekly).

    is this legal?

  2. #2
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    Short answer - no.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    No. NC employers must pay employees who work more than 40 hours in any workweek at a rate of not less than time and one-half of the employee's regular rate for the hours in excess of 40. (A few states have a daily OT law but NC does not.)
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    Agreed. Federal law on overtime is hours-worked-past-40-in-the-workweek. There are a very few private sector exceptions, mostly in the hospital industry. Federal law is valid in all states. State law (if any) is in addition to federal law, not instead of.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
    Last edited by DAW; 02-18-2012 at 06:08 PM.
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  5. #5
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    Quote Originally Posted by fris View Post
    i noticed on my pay stub that I got paid less hours then what I actually worked, and on the pay stub before that I was paid for more hours than I actually worked,
    and Im pretty sure that my employer transferred some of my hours from one pay period to previous pay period to avoid paying me overtime (i get paid bi-weekly).

    is this legal?
    How does the company know before you work that you will earn overtime? Was this a one time occurrence? Perhaps the company overpaid you by accident the first pay period and corrected it the second? Are you sure what the workweek is? My company pays biweekly and employees sometimes don't know what our workweek is.

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