Related topic covered on other pages include: Compensable time (hours worked) For more information on North Carolina’s minimum wage laws, visit our North Carolina Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. And pursuant to N.C.G.S. For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267). Although the N.C. 4 West Edenton St. North Carolina’s employment laws allow for an employee (or the NC Commissioner of Labor) to sue an employer for violations of the minimum wage, overtime, and benefit pay acts. Exempt employees are not entitled to overtime pay under federal or NC labor laws. Vacation pay plans. Raleigh, NC 27601, Mailing Address Discover the power of XpertHR employment law guidance and best practice at your fingertips with a free trial. Non-union employees employed at unionized worksites are entitled to union representation under the law. They can wait until the next scheduled pay period to deliver final wages to the terminated employee. This includes monthly fees to cover the costs of representation. You’ll get to explore thousands of resources that will help you be confident in your HR decisions, increase your productivity and deliver on your business strategies. Wage payment laws are generally state specific. and accompanying regulations (13 NCAC 12.0101, et seq.) 95-25.8. However, the employer can reduce an employee's rate of pay all the way down to the minimum wage with proper written notification. 1101 Mail Service Center Please note that the North Carolina Department of Labor (NCDOL) takes the position that sick leave does not have to be paid at termination even if there is no written forfeiture clause unless the policy actually states that sick leave will be paid at termination or there is the practice of such payments. North Carolina has an earned income tax credit (EITC) program. Employers' remedies preserved. For example, minimum wage, overtime pay, payments of promised wages that may not fall under normal laws, employment of youths, and keeping records of employee wage payments all fall under the Wage and Hour Act. Wage and Hour Act permits the deductions discussed above with proper authorization and notification, an employer is prohibited from making any deductions that are for the employer’s benefit from the “guaranteed salary” part of an EXEMPT employee’s wages under both state and federal wage and hour laws for executive (supervisory), administrative or professional employees. Your browser does not allow automatic adding of bookmarks. Pay periods may be daily, weekly, biweekly, semimonthly or monthly. North Carolina … Wage and Hour Act The Wage and Hour Bureau enforces the Wage and Hour Act, which governs how employers make, keep, and preserve records of hours worked, wages paid and other conditions and practices of employment. South Carolina does not have a law specifically addressing the payment of wages to an employee who leaves employment due to a labor dispute, however, to ensure compliance with known laws, an employer should pay employee all wages due no later than the regular pay day for the pay period during which the separation from employment occurred. § 95-25.1, et seq., is an important source of workplace protection. North Carolina law permits employers to make certain deductions from employees' pay, but only if certain conditions are met. No particular method of paying employees' wages is required in North Carolina; cash, money order and negotiable checks are all acceptable. For questions on employees being treated unfairly for reasons other than the protected categories mentioned, you need to consult with a private attorney. 4. In North Carolina, federal and state laws govern pay day requirements. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. The North Carolina Wage and Hour Act (NCWHA) establishes regulations on employment in the state, including minimum wage, employee age requirements and numerous other provisions. It all depends on the language of the forfeiture clause and the reason/s the employee's employment was discontinued, and if the reason/s meet the criteria in the written forfeiture clause. NC Statute 95-25.14 (b) (4) Withholding of wages. North Carolina Wage Payment Law North Carolina's law regarding wage payment is stated in North Carolina's General Statutes Chapter 95, Article 2A. The giving or not giving of promised wages, including wage benefits, is entirely up to each employer. Pay periods may be daily, weekly, bi-weekly, semi-monthly or monthly. See EEO, Diversity and Employee Relations. N.C. Department of LaborPhysical Address The North Carolina Wage and Hour Act (N.C. Gen. Stat. How can we make this page better for you. View our privacy policy, privacy policy (California), cookie policy and supported browsers. This is the same as the current Federal Minimum Wage rate. The $7.25 per hour state minimum wage also applies to the state of North Carolina, to county and local governments and to instrumentalities of government. 3. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). North Carolina wage garnishment laws permit wage attachments in very limited circumstances. "Promised wages" can be an hourly rate that is more than the minimum wage, overtime pay for certain days worked rather than the statutory requirement of paying overtime pay for the hours worked in excess of 40 in a workweek, shift differential pay, commissions, bonuses, piece-rate, production pay, a weekly salary, a monthly salary, or mileage expenses. 95-25.13(2) of the WHA, the employer must: "Make available to its employees, in writing or through a posted notice maintained in a place accessible to its employees, employment practices and policies with regard to promised wages." The federal government does not have any laws governing these issues. Payment of Final Wages to Separated Employees Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee. 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