Wednesday, July 22, 2009, 5:22 PM

Imitation - the Sincerest Form of flattery

A couple of Q&As lifted from the latest NC Labor Ledger, the official NC Department of Labor publication:

I was recently hired to work at a small company as part of a "stimulus" grant; however, I am told that I am not subject to the protections offered by the N.C. Wage and Hour Act. Why is this so?

You were hired by your city/county and are paid by the city/county; you are simply placed to work at a private-sector establishment. Government employees are exempted from all provisions of the N. C. Wage and Hour Act except the minimum wage provisions.

My boss just informed us that the company does not have the funds to pay for overtime work; therefore, overtime will no longer be approved by management. However, he informed us that we must complete all assigned work before we leave for the day. Is this legal?

If you actually work more than 40 hours in a given workweek, you must be paid overtime even though management has not given approval. Employers who do not want to pay for overtime hours must ensure that employees do not work more than 40 hours in a workweek. [Editor's note: Of course, if the employee is exempt from overtime requirements, no overtime need be paid if all exemption requirements are met.]


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