§ 95-25.14. Exemptions. - North Carolina Statutes

§ 95‑25.14.  Exemptions.

(a)        The provisions ofG.S. 95‑25.3 (Minimum Wage), G.S. 95‑25.4 (Overtime), and G.S. 95‑25.5(Youth Employment), and the provisions of G.S. 95‑25.15(b) (RecordKeeping) as they relate to these exemptions, do not apply to:

(1)        Any person employedin an enterprise engaged in commerce or in the production of goods for commerceas defined in the Fair Labor Standards Act:

a.         Except as otherwisespecifically provided in G.S. 95‑25.5;

b.         Notwithstanding theabove, any employee other than a learner, apprentice, student, or handicappedworker as defined in the Fair Labor Standards Act who is not otherwise exemptunder the other provisions of this section, and for whom the applicable minimumwage under the Fair Labor Standards Act is less than the minimum wage providedin G.S. 95‑25.3, is not exempt from the provisions of G.S. 95‑25.3or G.S. 95‑25.4;

c.         Notwithstanding theabove, any employer or employee exempt from the minimum wage, overtime, orchild labor requirements of the Fair Labor Standards Act for whom there is nocomparable exemption under this Article shall not be exempt under thissubsection except that where an exemption in the Fair Labor Standards Actprovides a method of computing overtime which is an alternative to the method requiredin 29 U.S.C.S. § 207(a), the employer or employee subject to that alternatemethod shall be exempt from the provisions of G.S. 95‑25.4(a); providedthat, persons not employed at an enterprise described in subdivision (1) ofthis subsection shall also be subject to the same alternative methods ofovertime calculation in the circumstances described in the Fair Labor StandardsAct exemptions providing those alternative methods;

(2)        Any person employedin agriculture, as defined under the Fair Labor Standards Act;

(3)        Any person employedas a domestic, including baby sitters and companions, as defined under the FairLabor Standards Act;

(4)        Any person employedas a page in the North Carolina General Assembly or in the Governor's Office;

(5)        Bona fide volunteersin medical, educational, religious, or nonprofit organizations where anemployer‑employee relationship does not exist;

(6)        Persons confined inand working for any penal, correctional or mental institution of the State orlocal government;

(7)        Any person employedas a model, or as an actor or performer in motion pictures or theatrical, radioor television productions, as defined under the Fair Labor Standards Act,except as otherwise specifically provided in G.S. 95‑25.5;

(8)        Any person employedby an outdoor drama in a production role, including lighting, costumes,properties and special effects, except as otherwise specifically provided inG.S. 95‑25.5; but this exemption does not include such positions asoffice workers, ticket takers, ushers and parking lot attendants.

(b)        The provisions ofG.S. 95‑25.3 (Minimum Wage) and G.S. 95‑25.4 (Overtime), and theprovisions of G.S. 95‑25.15(b) (Record Keeping) as they relate to theseexemptions, do not apply to:

(1)        Any employee of aboys' or girls' summer camp or of a seasonal religious or nonprofit educationalconference center;

(2)        Any person employedin the catching, processing or first sale of seafood, as defined under the FairLabor Standards Act;

(3)        The spouse, child,or parent of the employer or any person qualifying as a dependent of theemployer under the income tax laws of North Carolina;

(4)        Any person employedin a bona fide executive, administrative, professional or outside salescapacity, as defined under the Fair Labor Standards Act;

(5)        Repealed by SessionLaws 1989, c. 687, s. 2.

(6)        Any person whileparticipating in a ridesharing arrangement as defined in G.S. 136‑44.21;

(7)        Any person who isemployed as a computer systems analyst, computer programmer, software engineer,or other similarly skilled worker, as defined in the Fair Labor Standards Act.

(b1)      The provisions ofG.S. 95‑25.3 (Minimum Wage) and G.S. 95‑25.4 (Overtime), and theprovisions of G.S. 95‑25.15(b) (Record Keeping) as they relate to theexemptions provided for in this subsection, do not apply to any of thefollowing:

(1)        Hours worked as abona fide volunteer firefighter in an incorporated, nonprofit volunteer orcommunity fire department.

(2)        Hours worked as abona fide volunteer rescue and emergency medical services personnel in anincorporated, nonprofit volunteer or community fire department, or anincorporated, nonprofit rescue squad.

Hours worked in accordancewith this subsection shall not be considered hours worked for purposes of G.S.95‑25.3 or G.S. 95‑25.4.

(c)        The provisions ofG.S. 95‑25.4 (Overtime), and the provisions of G.S. 95‑25.15(b)(Record Keeping) as they relate to this exemption, do not apply to:

(1)        Drivers, drivers'helpers, loaders and mechanics, as defined under the Fair Labor Standards Act;

(2)        Taxicab drivers;

(3)        Seamen, employees ofrailroads, and employees of air carriers, as defined under the Fair LaborStandards Act;

(4)        Salespersons,mechanics and partsmen employed by automotive, truck, and farm implementdealers, as defined under the Fair Labor Standards Act;

(5)        Salespersonsemployed by trailer, boat, and aircraft dealers, as defined under the FairLabor Standards Act;

(6)        Live‑in childcare workers or other live‑in employees in homes for dependent children;

(7)        Radio and televisionannouncers, news editors, and chief engineers, as defined under the Fair LaborStandards Act.

(d)        The provisions ofthis Article do not apply to the State of North Carolina, any city, town,county, or municipality, or any State or local agency or instrumentality of government,except for the following provisions, which do apply:

(1)        The minimum wageprovisions of G.S. 95‑25.3;

(2)        The definitionprovisions of G.S. 95‑25.2 necessary to interpret the applicableprovisions;

(3)        The exemptions ofsubsections (a) and (b) of this section;

(4)        The complainantprotection provisions of G.S. 95‑25.20.

(e)        Employment in aseasonal recreation program by the State of North Carolina, any city, town,county, or municipality, or any State or local agency or instrumentality ofgovernment, is exempt from all provisions of this Article, including G.S. 95‑25.3(Minimum Wage). (1937,c. 406; c. 409, s. 3; 1939, c. 312, s. 1; 1943, c. 59; 1947, c. 825; 1949, c.1057; 1959, cc. 475, 629; 1961, cc. 602, 1070; 1963, c. 1123; 1965, c. 724;1967, c. 998; 1973, c. 600, s. 1; 1975, c. 19, s. 26; c. 413, s. 2; 1977, c.146; 1979, c. 839, s. 1; 1981, c. 493, s. 2; c. 606, s. 2; c. 663, s. 7; 1983,c. 708, s. 2; 1989, c. 687, s. 2; 1991, c. 330, s. 3; 1993, c. 214, s. 2; 1995,c. 509, s. 47; 1997‑146, s. 2; 2002‑113, s. 2.)