North Carolina – Minimum Wage and Overtime Exemptions




Executive exemption

North Carolina exempts executive employees from its minimum wage, overtime, and record keeping requirements. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NC Statute 95-25.14(b)(4)



Administrative exemption

North Carolina exempts administrative employees from its minimum wage, overtime, and record keeping requirements. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NC Statute 95-25.14(b)(4)




Professional exemption

North Carolina exempts professional employees from its minimum wage, overtime, and record keeping requirements. To qualify for the professional employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NC Statute 95-25.14(b)(4)



Outside salesman exemption

North Carolina exempts outside salesmen from its North Carolina exempts executive employees from its minimum wage, overtime, and record keeping requirements. To qualify for the outside sales employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NC Statute 95-25.14(b)(4)



Computer employee exemption

North Carolina exempts computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its North Carolina exempts executive employees from its minimum wage, overtime, and record keeping requirements. To qualify for the computer systems analyst, computer programmer, software engineer, or other similarly skilled workers exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NC Statute 95-25.14(b)(7)



Other minimum wage and overtime exemptions

North Carolina exempts the following employees from its minimum wage, overtime, youth employment, and recording keeping requirements:

  • employees who work for enterprises engaged in commerce or in the production of goods for commerce as defined in the Fair Labor Standards Act;
  • employees working in agriculture, as defined by the Fair Labor Standards Act;
  • employees as domestics, including baby sitters and companions, as defined by the Fair Labor Standards Act ;
  • employees working as pages at the North Carolina”™s General Assembly or in the Governor”™s Office;
  • bona fide volunteers at medical, educational, religious, or nonprofit organizations where there is no employer-employee relationship;
  • individuals confined to and work at any penal, correctional, or mental institution of North Carolina or local government;
  • individuals working as models or as actors or performers in motion pictures or theatrical, radio, or television productions, as defined by the Fair Labor Standards Act, except in certain instances involving individuals subject to youth employment laws;
  • individuals working in an outdoor drama in a production role, including lighting, costumes, properties, and special effects, except in certain instances involving individuals subject to youth employment laws, and not including office workers, ticket takers, ushers, and parking lot attendants

NC Statute 95-25.14(a)

North Carolina exempts the following employees from it minimum wage, overtime, and record keeping requirements:

  • employee of boys”™ or girls”™ summer camps or of seasonal religious or nonprofit educational conference centers;
  • employees working in catching, processing, or first sale of seafood, as defined by the Fair Labor Standards Act;
  • spouses, children, or parents of the employer or dependents of the employer as defined by North Carolina”™s income tax laws;
  • individuals while participating in a ridesharing arrangement;
  • bona fide volunteer firefighters working for an incorporated, nonprofit volunteer or community fire department;
  • bona fide volunteer rescue and emergency medical services personnel working for an incorporated, nonprofit volunteer or community fire department or incorporated, nonprofit rescue squad;

NC Statute 95-25.14(b)-(b1)

In situations where the federal Fair Labor Standards Act provides an exemption from minimum wage and overtime, but North Carolina’s Wage and Hour Act does not provide the same exemption, the provisions of North Carolina’s Wage and Hour Act apply. Exemptions that do not apply under North Carolina”™s Wage and Hour Act that apply under the Fair Labor Standards Act include:

  • Minimum wage and overtime
    • seasonal amusement or recreational establishment;
    • small newspapers; and
    • small public telephone companies;
  • Overtime only
    • outside buyers of poultry, eggs, and milk;
    • small grain elevators;
    • maple sugar or syrup processors;
    • employees engaged in intra-state transportation of fruits or vegetables;
    • motion picture theaters;
    • small lumbering or forestry operations;
    • newspaper carriers; and
    • makers of wreaths composed of natural materials.

NC Admin. Code 13-12 .0501.



Overtime only exemptions

North Carolina exempts the following employees from its overtime and record keeping requirements:

  • drivers, drivers’ helpers, loaders, and mechanics, as defined by the Fair Labor Standards Act;
  • taxicab drivers;
  • seamen, as defined by the Fair Labor Standards Act;
  • employees of railroads, as defined by the Fair Labor Standards Act;
  • employees of air carriers, as defined by the Fair Labor Standards Act;
  • salespersons, mechanics, and partsmen working for automotive, truck, and farm implement dealers, as defined by the Fair Labor Standards Act;
  • salespersons working for trailer, boat, and aircraft dealers, as defined by the Fair Labor Standards Act;
  • live-in child care workers or other live-in employees in homes for depend children;
  • radio and television announcers, new editors, and chief engineers, as defined by the Fair Labor Standards Act;
  • employees of North Carolina, any city, town, county, or municipality, and any State or local agency or instrumentality or government.

NC Statute 95-25.14(c)