{"data":{"id":"us-nc/n.c.-gen.-stat.-95-25.14","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 95-25.14","heading":"Exemptions.","body":"(a)\tThe provisions of G.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) (Record Keeping) as they relate to these exemptions, do not apply to:\n(1)\tAny person employed in an enterprise engaged in commerce or in the production of goods for commerce as defined in the Fair Labor Standards Act:\na.\tExcept as otherwise specifically provided in G.S. 95-25.5;\nb.\tNotwithstanding the above, any employee other than a learner, apprentice, student, or handicapped worker as defined in the Fair Labor Standards Act who is not otherwise exempt under the other provisions of this section, and for whom the applicable minimum wage under the Fair Labor Standards Act is less than the minimum wage provided in G.S. 95-25.3, is not exempt from the provisions of G.S. 95-25.3 or G.S. 95-25.4;\nc.\tNotwithstanding the above, any employer or employee exempt from the minimum wage, overtime, or child labor requirements of the Fair Labor Standards Act for whom there is no comparable exemption under this Article shall not be exempt under this subsection except that where an exemption in the Fair Labor Standards Act provides a method of computing overtime which is an alternative to the method required in 29 U.S.C.S. § 207(a), the employer or employee subject to that alternate method shall be exempt from the provisions of G.S. 95-25.4(a); provided that, persons not employed at an enterprise described in subdivision (1) of this subsection shall also be subject to the same alternative methods of overtime calculation in the circumstances described in the Fair Labor Standards Act exemptions providing those alternative methods;\n(2)\tAny person employed in agriculture, as defined under the Fair Labor Standards Act;\n(3)\tAny person employed as a domestic, including baby sitters and companions, as defined under the Fair Labor Standards Act;\n(4)\tAny person employed as a page in the North Carolina General Assembly or in the Governor's Office;\n(5)\tBona fide volunteers in medical, educational, religious, or nonprofit organizations where an employer-employee relationship does not exist;\n(6)\tPersons confined in and working for any penal, correctional or mental institution of the State or local government;\n(7)\tAny person employed as a model, or as an actor or performer in motion pictures or theatrical, radio or television productions, as defined under the Fair Labor Standards Act, except as otherwise specifically provided in G.S. 95-25.5;\n(8)\tAny person employed by an outdoor drama in a production role, including lighting, costumes, properties and special effects, except as otherwise specifically provided in G.S. 95-25.5; but this exemption does not include such positions as office workers, ticket takers, ushers and parking lot attendants.\n(b)\tThe provisions of G.S. 95-25.3 (Minimum Wage) and G.S. 95-25.4 (Overtime), and the provisions of G.S. 95-25.15(b) (Record Keeping) as they relate to these exemptions, do not apply to:\n(1)\tAny employee of a boys' or girls' summer camp or of a seasonal religious or nonprofit educational conference center;\n(2)\tAny person employed in the catching, processing or first sale of seafood, as defined under the Fair Labor Standards Act;\n(3)\tThe spouse, child, or parent of the employer or any person qualifying as a dependent of the employer under the income tax laws of North Carolina;\n(4)\tAny person employed in a bona fide executive, administrative, professional or outside sales capacity, as defined under the Fair Labor Standards Act;\n(5)\tRepealed by Session Laws 1989, c. 687, s. 2.\n(6)\tAny person while participating in a ridesharing arrangement as defined in G.S. 136-44.21;\n(7)\tAny person who is employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, as defined in the Fair Labor Standards Act.\n(8)\tAny employee who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees.\n(b1)\tThe provisions of G.S. 95-25.3 (Minimum Wage) and G.S. 95-25.4 (Overtime), and the provisions of G.S. 95-25.15(b) (Record Keeping) as they relate to the exemptions provided for in this subsection, do not apply to any of the following:\n(1)\tHours worked as a bona fide volunteer firefighter in an incorporated, nonprofit volunteer or community fire department.\n(2)\tHours worked as a bona fide volunteer rescue and emergency medical services personnel in an incorporated, nonprofit volunteer or community fire department, or an incorporated, nonprofit rescue squad.\nHours worked in accordance with this subsection shall not be considered hours worked for purposes of G.S. 95-25.3 or G.S. 95-25.4.\n(c)\tThe provisions of G.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:\n(1)\tDrivers, drivers' helpers, loaders and mechanics, as defined under the Fair Labor Standards Act;\n(2)\tTaxicab drivers;\n(3)\tSeamen, employees of railroads, and employees of air carriers, as defined under the Fair Labor Standards Act;\n(4)\tSalespersons, mechanics and partsmen employed by automotive, truck, and farm implement dealers, as defined under the Fair Labor Standards Act;\n(5)\tSalespersons employed by trailer, boat, and aircraft dealers, as defined under the Fair Labor Standards Act;\n(6)\tLive-in child care workers or other live-in employees in homes for dependent children;\n(7)\tRadio and television announcers, news editors, and chief engineers, as defined under the Fair Labor Standards Act.\n(8)\tAny employee of a seasonal amusement or recreational establishment.\n(d)\tThe provisions of this 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:\n(1)\tThe minimum wage provisions of G.S. 95-25.3;\n(2)\tThe definition provisions of G.S. 95-25.2 necessary to interpret the applicable provisions;\n(3)\tThe exemptions of subsections (a) and (b) of this section;\n(4)\tThe complainant protection provisions of G.S. 95-25.20.\n(e)\tEmployment in a seasonal recreation program by the State of North Carolina, any city, town, county, or municipality, or any State or local agency or instrumentality of government, 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; 2017-185, s. 3(a); 2023-137, s. 28(a).)","path":["Chapter 95. Department of Labor and Labor Regulations.","Article 2A. Wage and Hour Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_95/GS_95-25.14.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:14:02Z","sha256":"16feb5c2235c5b2881e9936d1361f70a14a2cdbcbce681d21bd4d537d81f16ef","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-95-25.13","next":"us-nc/n.c.-gen.-stat.-95-25.15"},"notice":"GroundRules: Original legal text. Not legal advice."}