North Carolina · statute · N.C. Gen. Stat. ch. 95 · 253 active provisions
Department of Labor established. A Department of Labor is hereby created and established. The duties of said Department shall be exercised and discharged under the supervision and direction of a commissioner, to be known as the Commissioner of Labor. (Rev., s. 3909; 1919, c. 314, s. 4; C.S., s. 7309; 1931, c. 312, s. 1…
Election of Commissioner; term; salary; vacancy. The Commissioner of Labor shall be elected by the people in the same manner as is provided for the election of the Secretary of State. The term of office of the Commissioner of Labor shall be four years, and the salary of the Commissioner of Labor shall be set by the Gen…
Divisions of Department; Commissioner; administrative officers. The Department of Labor shall consist of the following officers, divisions and sections: A Commissioner of Labor. A Division of Standards and Inspections. A Division of Occupational Safety and Health. Each division shall be in the charge of a chief adminis…
Authority, powers and duties of Commissioner. The Commissioner of Labor shall be the executive and administrative head of the Department of Labor. In addition to the other powers and duties conferred upon the Commissioner of Labor by this Article, the said Commissioner shall have authority and be charged with the duty:…
Power of Commissioner to compel the giving of information; refusal as contempt. The Commissioner of Labor, or his authorized representative, shall have power to examine witnesses on oath, to compel the attendance of witnesses and the giving of such testimony and production of such papers as shall be necessary to enable…
Employers required to make statistical report to Commissioner; refusal as contempt. It shall be the duty of every owner, operator, or manager of every factory, workshop, mill, mine, or other establishment, where labor is employed, to make to the Department, upon blanks furnished by said Department, such reports and ret…
Employers to post notice of laws. It shall be the duty of every employer who has five or more employees to keep posted in a conspicuous place a printed notice stating the provisions of the law relative to the employment of adult persons and children and the regulation of hours and working conditions. The Commissioner o…
Notice of employer's rights during farm inspections. The Department of Labor shall, in consultation with farm organizations and the Department of Agriculture and Consumer Services, prepare a notice to be delivered to the employer, at the beginning of an inspection of any premises engaged in agricultural employment in t…
Enforcement of rules and regulations. In the event any person, firm or corporation shall, after notice by the Commissioner of Labor, violate any of the rules or regulations promulgated under the authority of this Article or any laws amendatory hereof relating to safety devices, or measures, the Department of Labor may…
Agreements with certain federal agencies for enforcement of Fair Labor Standards Act. The North Carolina State Department of Labor may and it is hereby authorized to enter into agreements with the Wage and Hour Division, and the Children's Bureau, United States Department of Labor, for assistance and cooperation in the…
Short title and legislative purpose; local governments preempted. (a) This Article shall be known and may be cited as the "Wage and Hour Act." (b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment of earned wages, and the well-being of minors are subjects of c…
Definitions. In this Article, unless the context otherwise requires: (1) "Agriculture" includes farming in all its branches performed by a farmer or on a farm as an incident to or in conjunction with farming operations. (2) "Commissioner" means the Commissioner of Labor. (3) "Employ" means to suffer or permit to work.…
Minimum wage. (a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time…
Overtime. (a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week. (b) Repealed by Session Laws 1991, c. 330, s. 2, effective June 19, 1991. (1973, c. 685, s…
Youth employment. (a) No youth under 18 years of age shall be employed by any employer in any occupation without a youth employment certificate unless specifically exempted. The Commissioner of Labor shall prescribe regulations for youths and employers concerning the issuance, maintenance and revocation of certificates…
Wage payment. Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based upon bonuses, commissions, or other forms of calculation may be paid as infrequently as annually if prescribed in ad…
Payment 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 trackable mail if requested by the employee in writing. Wages based on bonuses, commissions or other forms of calculati…
Wages in dispute. (a) If the amount of wages is in dispute, the employer shall pay the wages, or that part of the wages, which the employer concedes to be due without condition, within the time set by this Article. The employee retains all remedies that the employee might otherwise be entitled to regarding any balance…
Withholding of wages. (a) An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by State or federal law; (2) When the amount or rate of the proposed deduction is known and agreed upon in advance, the employer must have written authorization from t…
Vacation pay plans. No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give all vacation time off or payment in lieu of time off in accordance with the company policy or practice. Employees shall be notified in…
Notification, posting, and records. Every employer shall do all of the following: (1) Notify its employees, in writing at the time of hiring, of the promised wages and the day and place for payment. (2) Make available to its employees, in writing or through a posted notice maintained in a place accessible to its employ…
Exemptions. (a) The 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: (1) Any person employed in an enterprise engaged in commerce or in the production of g…
Investigations and inspection of records; notice of law. (a) The Commissioner or his designated representative shall have the power and authority to enter any place of employment and gather such facts as are essential to determine whether or not the employer is covered by any provision of this Article. With respect to…
Enforcement. (a) The Commissioner shall enforce and administer the provisions of this Article, and the Commissioner or his authorized representative is empowered to hold hearings and to institute criminal and civil proceedings hereunder. (b) The Commissioner or his authorized representative shall have power to administ…
Wage and Hour Division established. The Commissioner of Labor is charged with enforcement of this Article. The Commissioner shall appoint a Wage and Hour Director and any other employees the Commissioner deems necessary for enforcement of this Article. The Commissioner shall continue to prescribe the powers, duties, an…