Both employers and employees should know their rights and responsibilites.
If you are an employee or a business owner in North Carolina, you should be familiar with your rights and responsibilities in the work place. North Carolina's labor laws fall under Chapter 95 of the state's General Statutes. The laws that directly relate to relations between the employer and the employed are in Article 2A of Chapter 95, also known as the Wage and Hour Act.
Minimum Wage
As of May 8, 2010, North Carolina requires that most workers are paid a minimum wage of $6.15 per hour. Exceptions include apprentices, learners, full-time students and messengers. These workers are legally entitled to only 90 percent of the minimum wage. In addition, seasonal businesses, such as some restaurants, are only required to pay workers 85% of the minimum wage.
Overtime
The Wage and Labor Act dictates that all employers in North Carolina must pay overtime at the rate of one and half times the regular pay rate to employees if they work more than 40 hours in a workweek. Seasonal business are an exception because they don't have to pay overtime until 45 hours have been worked in a workweek.
Child Labor
The Wage and Labor Act has a large section on youth employment that includes age limits, hours worked, job types and schedules. Generally, as a child's age increases, his restrictions decrease. However, if you or your child are under 18 you must apply for a youth employment certificate with the North Carolina Department of Labor. Additionally, children under 14 are limited to work delivering newspapers and can work no more than three hours a day.
Paychecks
In North Carolina, businesses are required to have a regularly scheduled payday for employees. Payday can be weekly, monthly, bi-weekly or semi-monthly. If you earn or pay out bonuses or commissions, they may be paid as infrequently as once a year.
Employee Separation
If an employee quits or is terminated, he must receive wages for his time worked on or before the next regular payday and any bonuses or commissions must be paid the following payday. In the event of a dispute, the employer can pay the amount that he believes to be correct, and the employee has the right to make whatever legal claims he deems necessary.
Witholdings
Employers may only withhold wages from employees under very specific circumstances when withholdings are not authorized by state or federal law for things such as taxes and back child support. In the majority of situations, an employer must have written consent to deduct wages from an employee. In the case of missing inventory or shortages, employers in North Carolina are empowered to deduct their cost from the employee's wages, but they must provide written notice at least seven days before the deduction.
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