Court of Appeals of North Carolina June 7, 2011, No. COA10-315 (Brown v. North Carolina Department of Environment & Natural Resources)

BRYANT, Judge.

Where the State has conferred a right to overtime compensation to state foresters under North Carolina General Statutes, section 113-56.1, the State has waived its sovereign immunity, and we reverse the trial court’s dismissal of plaintiffs’ claim for overtime compensation pursuant to Rule 12(b)(1). Further, where N.C. Gen. Stat. § 143-300.