Bonuses, commissions, or similar forms of wages may be paid as infrequently as once per year if the employee is notified in advance. §§ 95-25.1 – 95-25.25 RELATED REGULATIONS: 13 N.C. Admin. Makes clarifying and organizational changes to the defined terms set out in GS 95-25.2, applicable to Article 2A, the Wage and Hour Act. 30-minute unpaid meal break for shifts exceeding 5 hours. Code 12 .0101 – .0906 GENERAL SUMMARY: The Wage and Hour Act prescribes the conditions under which wage payments in North The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their Does the North Carolina Wage and Hour Act only apply to certain types of compensation? The North Carolina Department of Labor’s Standards and Inspections Division, Wage and Hour Bureau handles wage and hour complaints for $50.00 or more. 2 years. North Dakota. The majority of all North Carolina employees are covered by the North Carolina Wage and Hour Act (NCWHA), subject to a few exemptions such as persons employed in agriculture, baby sitters and other domestic companions, bona fide volunteers, models, actors, and persons employed by an outdoor drama production role including lighting, costumes, and set designers. Exempt employees do not have the rights afforded in either of these acts. • The employee can recover their earned wages, liquidated damages in an equal amount, and attorneys’ fees. RALEIGH, NC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Demetrio Inc. – operating as El Pollo Rico Restaurant in Raleigh, North Carolina – has paid $48,248 in back wages and liquidated damages to 32 employees for violating the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). It is important that both employers and employees know their rights and responsibilities under the NCWHA. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. North Carolina … The Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) govern the payment of wages and benefits for workers. The FLSA mandates that employers pay employees a minimum wage of at least $7.25 per hour. The current minimum wage in North Carolina is $7.25 per hour. Labor Standards Bureau. North Carolina Wage and Hour Act. 2011 North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations. These laws designate the standards for fair wages, overtime, youth labor, promised wages, and recordkeeping requirements. The best way to understand how a civil lawsuit involving the Wage and Hour Act works is through an example. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. Both the federal Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWAHA) categorize employees into two types: exempt and nonexempt. North Carolina. You can file a complaint by calling toll-free (NC only) 1-800-NC-LABOR (1-800-625-2267). The FLSA contains exceptions from the minimum wage requirement. Withholding of wages. The FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). The plaintiffs opposed the motion, claiming that North Carolina, like the FLSA, prohibits release of state wage claims. In general, you can go back two years to recover your owed overtime wages in North Carolina after your employer fails to pay you the wages you earned.You might also be able to recover interest, liquidated damages, and more. North Carolina / Wages & Hours / Wage Payment & Collection 㾔 WAGE AND HOUR ACT (WAGE PAYMENTS) STATUTORY CITATION: N.C. Gen. Stat. Section 16(b) of the Fair Labor Standards Act instructs the courts on the amount of damages that are possible when an employee sues an employer for unpaid minimum wage or overtime claims. Adds the terms employment status, intentional, and willful.. (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. Employers violating the FLSA’s or North Carolina Wage and Hour Act’s minimum wage or overtime requirements may be forced to pay an employee’s unpaid overtime compensation or minimum wages (or both), and a court can also require an employee to pay liquidated damages. The North Carolina Wage and Hour Act (NCWHA) establishes regulations on employment in the state, including minimum wage, employee age requirements and numerous other provisions. Recovery of unpaid wages. Interest on unpaid wages… Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). Employers are required to pay the undisputed portion of the earned wages. Potentially, the employee can hold certain individuals liable. The Court refused to award liquidated damages, however, finding that the defendant had acted in good faith and had a reasonable basis for believing that their refusal to pay bonuses was not in violation of… Frequency of Wage Payments. Article 2A - Wage and Hour Act. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. Many states and municipalities have laws that require minimum wages that may be even higher than the federal minimum. By: North Carolina Lawyers Weekly Staff March 26, 2020 Although the North Carolina Wage and Hour Act does not define “unpaid amounts,” its definition of “wage” and other provisions lead the court to the conclusion that liquidated damages under the NCWHA are properly awarded based upon the employee’s gross, rather than net, pay. The minimum wage rate in North Carolina is the same as the Federal Minimum Wage, which is $5.15 per hour. 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