Assume that you have worked forty (40) hours per week for the past twenty-five (25) weeks. The minimum wage rate in North Carolina is the same as the Federal Minimum Wage, which is $5.15 per hour. 30-minute unpaid meal break for shifts exceeding 5 hours. 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… 1.5 rate for more than 40 hours per week : Double amount of unpaid wages. Deductions for cash shortages, inventory shortages, loss or damage to an employer’s property and deposits by the employee for the use of the employer's property may not reduce the wages for the pay period below: 85% of the minimum and overtime wages required under the North Carolina Wage and Hour Act for employees covered by the Act; 1.5 rate for more than 40 hours per week. 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. Employers in North Carolina are required to pay the higher of the minimum wage rate established by state or federal laws. You can file a complaint by calling toll-free (NC only) 1-800-NC-LABOR (1-800-625-2267). The Act describes the concept of "employer" only by providing that the term "employer" includes "any person acting directly or indirectly in the interest of an employer in relation to an employee." The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their 95-25.8. The federal minimum wage increased to $7.25 per hour effec-tive July 24, 2009; therefore, employers in North Carolina … Article 2A - Wage and Hour Act. If you believe your North Carolina employer withheld overtime pay you earned, we can help you determine the validity of your claim. Adds the terms employment status, intentional, and willful.. Withholding of wages. It is important that both employers and employees know their rights and responsibilities under the NCWHA. Labor Standards Bureau. 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. Judge Cogburn noted that this issue has never been litigated in North Carolina. 2 years. The North Carolina Retaliation in Employment Discrimination Act (REDA) also prohibits certain kinds of workplace retaliation, including retaliation against employees who have filed workplace safety or wage and hour complaints with the North Carolina Department of Labor, or those who have been injured at work and filed workers’ compensation claims. II. The federal minimum wage increased to $7.25 per hour effective July 24, 2009; therefore, employers in North Carolina are required to pay their The definition of "employer" in the North Carolina Wage and Hour Act ("Act") is as circular as it is in the FLSA. Both the FLSA and its parallel law North Carolina apply only to … Minimum Wage. The plaintiffs opposed the motion, claiming that North Carolina, like the FLSA, prohibits release of state wage claims. The current minimum wage in North Carolina is $7.25 per hour. The FLSA mandates that employers pay employees a minimum wage of at least $7.25 per hour. The individual defendants were personally liable for the judgment obtained by plaintiff under the North Carolina Wage and Hour Act. North Carolina / Wages & Hours / Wage Payment & Collection 㾔 WAGE AND HOUR ACT (WAGE PAYMENTS) STATUTORY CITATION: N.C. Gen. Stat. The best way to understand how a civil lawsuit involving the Wage and Hour Act works is through an example. Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). Code 12 .0101 – .0906 GENERAL SUMMARY: The Wage and Hour Act prescribes the conditions under which wage payments in North Wage and Hour Disputes Raleigh, North Carolina FLSA Attorneys. Exempt employees do not have the rights afforded in either of these acts. There are a number of types of claims that arise under this statute: Unpaid wages or salary following the end of employment Frequency of Wage Payments. The FLSA contains exceptions from the minimum wage requirement. Recovery of unpaid wages. North Carolina 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. • The employee can recover their earned wages, liquidated damages in an equal amount, and attorneys’ fees. 95-25.22. The law states that the employer may be required to pay the employee the amount of previously unpaid minimum wage or overtime pay that was not yet paid and an amount equal to that as liquidated damages. The FLSA requires employers to pay the minimum wage and overtime for each hour worked in excess of 40 per week. The North Carolina Wage and Hour Act does not apply to out-of-state employees working for North Carolina companies even if their employment agreements provides that the law of North Carolina applies, per the ruling of the North Carolina Court of Appeals today in Sawyer v.Market America, Inc. Sawyer, a resident of Oregon, worked for… Does the North Carolina Wage and Hour Act only apply to certain types of compensation? The N.C. Department of Labor’s Wage and Hour Bureau enforces the 1979 Wage and Hour Act of North Carolina (Chapter 95, Article 2A of the North Carolina General Statutes) and the Administrative Rules promulgated thereunder (Title 13, Chapter 20 of the North Carolina Administrative Code). These laws designate the standards for fair wages, overtime, youth labor, promised wages, and recordkeeping requirements. He concluded that the North Carolina Wage and Hour Act parallels … Wage and Hour Cases Under state law, the North Carolina Wage and Hour Act (NCWHA) requires that employers in North Carolina pay promised wages to employees when due, with no unauthorized deductions. Article 2A - Wage and Hour Act. North Carolina … 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. 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. (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. The Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) govern the payment of wages and benefits for workers. 2011 North Carolina General Statutes Chapter 95 Department of Labor and Labor Regulations. Wage and Hour Act Minimum Wage: $7.25 per hour (effective 7/24/09). The Fair Labor Standards Act (FLSA) is the federal law that requires minimum wages and premium pay for overtime. There has been an increasing amount of litigation in recent years under the North Carolina Wage and Hour Act. For example, minimum wage, overtime pay, payments of promised wages that may not fall under normal laws, employment of youths, and keeping records of employee wage payments all fall under the Wage and Hour Act. 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. North Carolina. The FLSA and NCWAHA use the same criteria to determine which employees fit into which categories. Over that time, you have only averaged making $5.00 an hour, rather than the current North Carolina minimum wage of $7.25. North Dakota. 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. 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