The same rules do not always apply to minors. For more information on specific working hours for minors and wage restrictions, see our Child Labour Laws. Currently, there is no OSHA standard to regulate extended and unusual shifts. A working time of eight consecutive hours over five days with at least eight hours of rest between shifts defines a standard position. Any changes beyond this standard are considered prolonged or unusual. Discretionary bonuses or amounts paid as gifts on a holiday or other special occasion, such as .B. a reward for good service that is not measured by or depends on hours worked, production or efficiency is not subject to payment at the overtime rate and is therefore not taken into account for the purpose of determining the regular rate of pay. How an employee is paid depends on whether or not they are exempt from minimum wage and/or overtime pay. An employer must pay an employee at least the minimum wage (currently $7.25 per hour under North Carolina and state labor laws) or pay the employee the promised rate of pay, whichever is higher, and pay time and half of the overtime based on the employee`s regular rate of pay for all hours worked over 40 in a week of work. unless the employee is exempted for any reason. Minimum wage and overtime pay are based on hours worked per work week and not on the number of hours worked daily or the number of days worked, regardless of the length of the wage period. Each week of work is self-sufficient.

Employees can be administratively exempted by accepting a lump sum salary for a job that requires longer working hours. For a list of commonly used exceptions, visit the U.S. Department of Labor Fair Labor Standards Act Advisor website. There are no pay and working time laws that limit the number of hours a person 18 years of age or older can work during the day, week or number of consecutive days, or that require breaks for employees 16 years of age and older. An employer is free to adjust the working hours of its employees, regardless of who is expected to work. For example, to avoid paying time and half overtime pay for hours worked more than 40 hours in a Sunday to Saturday work week, an employer could adjust the hours of an employee who has already worked 34 hours at the end of a Thursday by requiring the employee to work only six hours on Friday and not work at all on Saturday. it did not matter if the schedule required that employee to work eight hours on Fridays and Saturdays. This can also be done regardless of whether the employee has agreed or not. An employer may set the scheduling or deferral of the hours worked by its employees as a condition of employment. However, there are a number of exceptions to the Overtime Act. An “exemption” means that the Overtime Act does not apply to a particular classification of employees. There are also a number of exceptions to the above-mentioned General Overtime Act.

An “exception” means that overtime for a particular classification of employees is paid on a basis other than that mentioned above. In other words, an exception is a special rule. (For special overtime rules for agricultural workers, see Overtime for agricultural workers.) On weekly hours of work, this law requires employers to pay a wage equal to 1 1/2 times an employee`s normal rate of pay after that employee has worked 40 hours for employees aged 16 and over. Weekend or night work does not apply to overtime pay unless it exceeds the prescribed 40 hours. Yes, if it is a non-discretionary bonus. A non-discretionary bonus is included in determining the regular rate of pay for calculating overtime if the bonus is remuneration for hours worked, production or performance, or as an incentive to remain employed by the same employer. Incentives include lump sum premiums. To correctly calculate overtime for a lump sum, the bonus must be divided by the normal legal maximum working time in the bonus pay period, and not by the total number of hours worked during the bonus pay period.

This calculation gives the regular wage rate for the flat-rate premium income. Overtime with a flat-rate supplement must then be paid at 1.5 times or 2 times this regular rate calculation for all overtime worked during the bonus period. Overtime on production premiums, premiums intended to encourage an increase in production for each hour worked, are calculated differently from flat-rate premiums. .