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what can i do about my overtime North Carolina

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  • what can i do about my overtime North Carolina

    i am a homehealth care asst. in charlotte nc i recently took on a client that was supposed to be 36hrs a week 3, 12hr shifts. Well my coordinator asked me if i could take on another day and i did which gave me 48hrs. the whole time i was banking on the overtime and she would always say we couldn't get overtime but she gave it to me. last week i worked 20hrs overtime and the week before i worked 14hrs overtime. now she tells me i cant have the half of time because of the service we provide. my client is on a cap program and some private pay i think because shes very elusive about who pays us but either way shouldn't the company pay me my overtime regardless.
    sincerely yours, completely confused

  • #2
    It does not matter who pays the bills.

    What does matter is what you do.

    Federal laws have an exemption from both the minimum wage and overtime requirements of the Fair Labor Standards Act for some folks providing home health care.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


    • #3
      N. C. min. wage $6.15/hr. 95-25.3
      § 95‑25.4. Overtime.

      Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week; provided that employers of seasonal amusement or recreational establishment employees are required to pay those employees the overtime rate only for hours in excess of 45 per workweek.

      § 95‑25.14. Exemptions.

      The provisions of G.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4 (Overtime), and G.S. 95‑25.5 (Youth Employment), and the provisions of G.S. 95‑25.15(b) (Record Keeping) as they relate to these exemptions, do not apply to:

      (1) Any person employed in an enterprise engaged in commerce or in the production of goods for commerce as defined in the Fair Labor Standards Act:

      a. Except as otherwise specifically provided in G.S. 95‑25.5;

      b. Notwithstanding the above, any employee other than a learner, apprentice, student, or handicapped worker as defined in the Fair Labor Standards Act who is not otherwise exempt under the other provisions of this section, and for whom the applicable minimum wage under the Fair Labor Standards Act is less than the minimum wage provided in G.S. 95‑25.3, is not exempt from the provisions of G.S. 95‑25.3 or G.S. 95‑25.4;

      c. Notwithstanding the above, any employer or employee exempt from the minimum wage, overtime, or child labor requirements of the Fair Labor Standards Act for whom there is no comparable exemption under this Article shall not be exempt under this subsection except that where an exemption in the Fair Labor Standards Act provides a method of computing overtime which is an alternative to the method required in 29 U.S.C.S. § 207(a), the employer or employee subject to that alternate method shall be exempt from the provisions of G.S. 95‑25.4(a); provided that, persons not employed at an enterprise described in subdivision (1) of this subsection shall also be subject to the same alternative methods of overtime calculation in the circumstances described in the Fair Labor Standards Act exemptions providing those alternative methods;

      (2) Any person employed in agriculture, as defined under the Fair Labor Standards Act;

      (3) **** Any person employed as a domestic, including baby sitters and companions, as defined under the Fair Labor Standards Act;****(refer to ScottB's link)

      (4) Any person employed as a page in the North Carolina General Assembly or in the Governor's Office;

      (5) Bona fide volunteers in medical, educational, religious, or nonprofit organizations where an employer‑employee relationship does not exist;

      (6) Persons confined in and working for any penal, correctional or mental institution of the State or local government;

      (7) Any person employed as a model, or as an actor or performer in motion pictures or theatrical, radio or television productions, as defined under the Fair Labor Standards Act, except as otherwise specifically provided in G.S. 95‑25.5;

      (8) Any person employed by an outdoor drama in a production role, including lighting, costumes, properties and special effects, except as otherwise specifically provided in G.S. 95‑25.5; but this exemption does not include such positions as office workers, ticket takers, ushers and parking lot attendants.
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