North Carolina law permits employers to make certain deductions from employees' pay, but only if certain conditions are met. And pursuant to N.C.G.S. 95-25.2. 2. Wage payment. But this is all an employer must pay its employees by statute pursuant to the North Carolina Wage and Hour Act (WHA). To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. 3) An employer cannot reduce an employee's pay below the minimum wage, which is currently $7.25 an hour. Employers doing business in North Carolina are required to pay at least $7.25 per hour to all employees (agricultural and domestic employees are subject to the federal minimum wage). NC Statute 95-25.14 (b) (4) Currently the minimum wage in North Carolina is $7.25 an hour. An employer must give each employee who was paid wages a Form W-2, Wage and Tax Statement, by the annual due date. See Severance Pay. 95-25.7A. In North Carolina, employers can pay tipped employees an hourly wage of $2.13, as long as the employee's tips bring the total hourly wage up to the state minimum wage. Frequency of Wage Payments An employer must pay its employees on regularly scheduled paydays either daily, weekly, bi-weekly, semi-monthly, or monthly. An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee's regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. To file a North Carolina wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. Additional posting requirements apply. The North Carolina Wage and Hour Act, codified at N.C. Gen. Stat. Earned vacation pay, commissions, and bonuses cannot be forfeited unless the employer has a written forfeiture clause in its vacation, commission, or bonus policy or termination policy pursuant to N.C.G.S. An employer must pay its employees at least the minimum wage for all hours worked, and time and one-half overtime pay based on an employee's regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt for some reason. North Carolina requires the use of E-Verify and permits preemployment drug testing, but prohibits consideration of expunged criminal records. In North Carolina, there is no mandatory payday specified . Wages in dispute. 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. For more information about workplace rights, please contact our toll free number at 1-800-NC-LABOR (800-625-2267). In North Carolina, federal and state laws govern pay day requirements. Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. Non-union employees employed at unionized worksites are entitled to union representation under the law. In North Carolina, ‘Right-to-Work’ laws prohibit the requirement that non-union members be responsible for obligatory payment of union dues. Definitions. The giving or not giving of promised wages, including wage benefits, is entirely up to each employer. 4 West Edenton St. 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. Contact their Central Office in Raleigh at 919-856-2564. "Wage benefits" are benefits such as, but not limited to, vacation pay (including PTO and PDO leave), sick leave, jury duty pay, and holiday pay. 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. 4. Penalties are imposed for employer violations of the wage payment method laws. For questions on employees being treated unfairly for reasons other than the protected categories mentioned, you need to consult with a private attorney. The FLSA allows employers to pay a lower hourly minimum wage, as long as that wage plus the tips the employee earns adds up to at least the full minimum wage for each hour worked. No particular method of paying employees' wages is required in North Carolina; cash, money order and negotiable checks are all acceptable. 95-25.6. 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. N.C. Department of LaborPhysical Address North Carolina minimum wage law allows employers to pay learners, as defined by the Fair Labor Standards Act, a subminimum wage rate that is no less than 90 percent of the standard minimum wage. Keep in mind that vacation pay, commissions, or bonuses have to be earned, regardless if a verbal promise or a written policy, before an employer has to pay them at all. North Carolina’s current minimum wage is $7.25. The North Carolina Wage and Hour Act (N.C. Gen. Stat. Such reductions to earned wages, including earned wage benefits, cannot be made retroactive. The materials and information included in the XpertHR service are provided for reference purposes only. 95-25.13. 95-25.7. Electronic pay statements may also be provided. North Carolina Wage Payment Law North Carolina's law regarding wage payment is stated in North Carolina's General Statutes Chapter 95, Article 2A. Employers are also required to notify affected employees within a certain time period. See Definition of Wages. Federal law and guidance on this subject should be reviewed together with this section. Penalties are imposed for noncompliance. Instead, it is entirely up to the employer whether to have employees work 8-, 12- or 16-hour shifts. North Carolina exempts executive employees from its minimum wage, overtime, and record keeping requirements. An employer is not required to pay its employees more in wages than is required by the minimum wage and overtime pay provisions. North Carolina’s minimum wage is $7.25 per hour. North Carolina has an earned income tax credit (EITC) program. If you cannot afford an attorney, you may be eligible for free legal advice thru a Legal Aid Services office in your area. This includes monthly fees to cover the costs of representation. See Form W-2 Requirements. No particular method of paying employees' wages is required in North Carolina; cash, money order and negotiable checks are all acceptable. It is important that both employers and employees know their rights and responsibilities under the NCWHA. and accompanying regulations (13 NCAC 12.0101, et seq.) Exempt employees are not entitled to overtime pay under federal or NC labor laws. It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Likewise, an employer is not required by law to give mandatory wage benefits such as vacation pay, sick leave, jury duty pay, and holiday pay to its employees regardless of how many hours a week they work. North Carolina Wage and Hour Laws at a Glance A combination of federal, state, and sometimes local laws governs the … In North Carolina, all severance pay is subject to income tax withholding. Additional requirements apply. North Carolina is one of a handful of states to limit the types of debts that can be collected by taking funds directly out of a paycheck. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. They can wait until the next scheduled pay period to deliver final wages to the terminated employee. Once a promise is made by an employer, then the employer must pay all promised wages, including wage benefits, accruing to its employees based on any policy, agreement or practice that the employer has established. If not, the employer has to make up the difference. The employee can receive as compensation for such violation: his unpaid wages plus interest; the same amount over again as a penalty; costs, fees, and attorney’s fees. Author: Vicki M. Lambert, The Payroll Advisor. Please note that the NCDOL does not handle benefit issues such as pension plans, retirement plans, 401(k) plans, IRAs, profit sharing plans, and medical/health insurance including COBRA. See Wage and Hour. Raleigh, NC 27601, Mailing Address North Carolina … Other Payday Laws . Related topic covered on other pages include: Compensable time (hours worked) 1. This is the same as the current Federal Minimum Wage rate. Your browser does not allow automatic adding of bookmarks. 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