HR Alert

North Carolina Exempts Certain Employees from State Overtime and Recordkeeping Provisions

Law Addresses Employees of Seasonal Amusement or Recreational Establishments

A new law in North Carolina exempts any employee of a seasonal amusement or recreational establishment from certain state overtime and recordkeeping provisions.

Exemptions from Overtime and Recordkeeping
Certain state overtime provisions, and certain state recordkeeping (section: b) provisions as they relate to this exemption, do not apply to any employee of a seasonal amusement or recreational establishment.

The law also removes a provision that requires employers of seasonal amusement or recreational establishment employees to pay those employees overtime only for hours in excess of 45 per workweek.

Subminimum Wage Prohibited
Under current state law, the state Commissioner of Labor may establish a wage rate not less than 85% of the otherwise applicable wage rate in effect under state law (section: a) which applies to any employee employed by an establishment which is a seasonal amusement or recreational establishment, or a seasonal food service establishment. The new law removes "seasonal amusement or recreational establishment" from this provision.

The new law is effective on January 1, 2018. Click here to read the text of the law.

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