North Carolina Wage & Labor Laws
- Wage and Hour Act (N.C. General Statutes Chapter 95, Article 2A)north carolina outline image by Kim Jones from Fotolia.com
The Wage and Hour Bureau of the North Carolina Department of Labor administers the state's Wage and Hour Act. The provisions of the act are located under Chapter 95, Article 2A of the North Carolina General Statutes (G.S.). The statutes cover a range of wage and hour guidelines. The topics include, but are not limited to minimum wage, overtime, youth employment and payment of wages. - The current North Carolina minimum wage rate of $7.25 went into effect on July 24, 2009. G.S. 95-25.3(b) permits North Carolina employers to pay a reduced rate to full-time, students, learners, apprentices and messengers. The reduced rate is 90 percent of the mandated minimum wage. G.S. 95-25.3(c) permits North Carolina employers to pay a reduced minimum wage to persons whose ability to earn in the workplace is impaired by physical or mental challenges. The provision can also be applied when the ability is impaired by challenges due to age. The employees that fall under G.S. 95-25.3(b) and G.S. 95-25-3(c) guidelines must meet the Fair Labor Standards Act definition of employees that fall into these categories.
- Forty hours is the standard number of hours for most employees that work in North Carolina. G.S 95-25.4 requires employers to pay an overtime premium for hours worked in excess of 40 hours. The premium rate is one and one half times the employee's regular rate of pay. G.S. 95-25.4 cites an exception for seasonal amusement or recreational establishment employees. The overtime premium is applied after they exceed 45 hours in the workweek.
- G.S 95-25.5(a) requires minors to obtain a work permit if they wish to work in North Carolina. This is true even if the minor resides outside of the state. G.S. 95-25.5(a)(1) stipulates work schedule restrictions for minors under the age of 18. When school is in session, minors 14 and 15 years of age are permitted to work between the hours of 7 a.m. and 7 p.m. The scheduling period is extended to 9 p.m. during the summer. Minors 16 and 17 years of age are permitted to work between 5 a.m. and 11 p.m. Additional job and work hour restrictions are listed on the work permit application.
- G.S. 95-25.6 defines acceptable pay periods, and it states that all accrued earnings are to be paid on a regularly defined payday. G.S. 95-25.7 stipulates the distribution requirements for final wages. The employer is required to pay all accrued wages on or before the next regularly scheduled payday. The employee is not required to go the employer's place of business to collect his final check. G.S. 95-25.7 permits the employee to request delivery by mail.
Minimum Wage
Overtime
Youth Employment
Payment of Wages
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