What workers are not entitled to overtime pay?

Workers in North Carolina who are not entitled to overtime pay include independent contractors, agricultural workers, and certain professional, administrative, and executive employees. Independent contractors are not employees, meaning they do not have the same rights as regular employees do, and therefore are not eligible for overtime pay. Agricultural workers are also excluded from overtime laws. Finally, some professional, administrative, and executive employees may not be owed overtime pay in certain circumstances. North Carolina law defines these categories of employees as those which: are primarily engaged in office or non-manual work, are compensated on a salary basis, and have certain job duties and responsibilities. If these criteria are met, such employees may not be entitled to overtime pay. In addition, some workers may not be paid overtime due to collective bargaining agreements, or if their pay rate is greater than the standard rate for overtime pay. It is important to note that no worker may be denied overtime rights in North Carolina unless they meet the criteria outlined above. If any employee, regardless of their classification, works more than 40 hours in a given week, they must be paid at the overtime rate of 1.5 times their regular rate of pay for any hours worked in excess of 40.

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