North Carolina-Specific Posting Requirements
Wage and Hour Act: Minimum Wage: Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws.
- The federal minimum wage increased to $7.25 per hour effective July 24, 2009
*Therefore, employers in North Carolina are required to pay their employees at least $7.25 per hour.
- An employer may pay as little as $2.13 per hour to tipped employees so long as each employee receives enough in tips to make up the difference between the wages paid and the minimum wage.
- Employees must be allowed to keep all tips, except that pooling is permitted if no employee’s tips are reduced by more than 15 percent. The employer must keep accurate and complete records of tips as certified by each employee monthly or for each pay period. Without these records, the employer may not be allowed the tip credit. Certain full-time students may be paid 90 percent of the minimum wage, rounded to the lowest nickel.
Youth Employment: Rules for all youths under 18 years old are: Youth employment
certificates are required. To obtain a YEC, visit www.labor.nc.gov.
Wage Payment: Wages are due on the regular payday. If requested, final paychecks must be
mailed. When the amount of wages is in dispute, the employer’s payment of the undisputed portion cannot restrict the right of the employee to continue a claim for the rest of the wages. Employees must be notified of paydays, pay rates, policies on vacation and sick leave, and of commission, bonus and other payment matters. Employers must notify employees in writing or through a posted notice maintained in a place accessible to its employees of any reduction in the rate of promised wages at least 24 hours prior to such change.
Employment Discrimination: The department’s Employment Discrimination Bureau enforces the Retaliatory Employment Discrimination Act (REDA). Employees involved in the following activities are protected from retaliation or discrimination by their employer:
- Workers’ Compensation Claims
- Wage and Hour Complaints
- Occupational Safety and Health Complaints
- Mine Safety and Health Complaints
- Genetic Testing
- Sickle Cell or Hemoglobin Carriers
- N.C. National Guard Service
- The Juvenile Justice System
- Victims of Domestic Violence
- Pesticide Regulation Complaints
Safety and Health: The state of North Carolina has a federally approved program to administer the Occupational Safety and Health Act in North Carolina. This program is administered by the N.C. Department of Labor, Occupational Safety and Health (OSH) Division.
Unemployment: Employers covered by the Employment Security Law of North Carolina (Chapter 96 of the North Carolina General Statutes) contribute to a special fund set aside for the payment of unemployment insurance benefits. No money is withheld from workers’ checks for unemployment insurance purposes.
Workers Compensation: All employees (except specifically excluded executive officers) suffering work-related injuries may be entitled to Workers’ Compensation benefits from the employer or its insurance carrier.
Equal Employment Opportunity: Private Employers, State and Local Governments, Educational Institutions, Employment Agencies, and Labor Organizations are required to post. Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies, and labor organizations are protected under Federal law from discrimination.
Family Medical Leave Act: Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period. An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks
of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.
Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.