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10:50 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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Is a N.C. employer required by law to pay a salaried employee overtime if that employee does not supervise anyone?
Question: Is a NC employer required by law to pay a salaried employee overtime if that employee does not supervise anyone?

Answer:  It depends on the type of salaried employee. Even non-supervisory employees can be "exempt" from eligibility for overtime wages if they are "professional" or "administrative" employees as that term is defined by federal wage and hour laws. Professionals are typically those whose professions require advanced education in a particular field - engineers, architects, lawyers, doctors, certain nurses, teachers, professors - these are some examples but there are scores of other professions that apply. Administrative workers are those who work primarily white-collar jobs and whose duties require independent work under minimal supervision in a capacity that involves great responsibility for the employer's overall mission. Examples (again, there are many, many such jobs) would typically include Director of HR, Envirnomental Affairs Director, Risk Management Officer, Director of Public Relations, Compliance Officer, and similar posts.
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