North Carolina WAGE AND HOUR ACT Labor law Poster

[laborlaw]

Minimum Wage: $5.15 per hour. Certain full-time students may be paid 90 percent of the minimum wage, rounded to the
lowest nickel.

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 more than 15 percent. The employer must keep an accurate and complete record of tips as certified by each employee for each pay period. Without these records, the employer may not be allowed the tip credit. Some employers and employees are exempt from the state minimum wage provisions.
Overtime
Time and one-half must be paid after 40 hours of work in any one workweek, except after 45 hours at seasonal recreational and amusement establishments. The state overtime provision does not apply to some employers and employees who are exempt.
Youth Employment
Rules for all youths under 18 years old are: Employment certificates are required. Hazardous work is not permitted.
Additional rules for 16- and 17-year-olds are: No work between 11:00 p.m. and 5:00 a.m. when there is school the next day. Exception: When the employer gets written permission from the youth’s parents and principal.
Additional rules for 14- and 15-year-olds are:
Where work can be performed: Retail businesses, food service establishments, service stations, and offices of other
businesses. Work is not permitted in manufacturing, mining, or on construction sites, or with power-driven machinery, or on the premises of a business holding an ABC permit for the on-premises sale or consumption of alcoholic beverages; except that youths at least 14 years of age can work on the outside grounds of the premises with written consent from a parent or guardian as long as the youth is not involved with the preparation, serving, dispensing, or sale of alcoholic beverages.

Maximum hours per day: 3 on school days; 8 if a nonschool day.
Maximum hours per week: 18 when school is in session; 40 when school is not in session.
Hours of the day: May work only between 7:00 a.m. and 7:00 p.m. (9:00 p.m. during the summer).
Breaks: 30-minute breaks are required after any period of 5 consecutive hours of work.

Additional rules for youths under 14 years old are: Work is generally not permitted except when working for the youth’s
parents, in newspaper home delivery, or in ing or acting in a movie or theater production. These state youth employment provisions do not apply to farm, domestic or government work.
Wage Payment
Wages are due on the regular payday. If requested, final paychecks must be mailed. When the amount of wages are in dispute, the employer’s payment of the undisputed portion cannot restrict the right of the employee to continue his or her 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 pay matters.

Deductions from paychecks are limited to those required by law and those agreed to in writing on or before payday. If the
written authorization that the employee signs does not specify a dollar amount, the employee must be told the amount and have an opportunity to withdraw the authorization prior to payday.

Deductions for cash or inventory shortages or for loss or damage to an employer’s property may not be taken unless the employee receives seven days advance notice. This seven-day rule does not apply to these deductions made at termination.

Deductions for cash or inventory shortages or for loss or damage to an employer’s property may not be taken if they reduce wages of federally covered employees below the federal minimum wage and overtime amounts or wages of other employees below 85 percent of the state minimum wage and overtime amounts. An employer may not use fraud or duress to require employees to pay back protected amounts.

If the employer provides vacations to employees, the employer shall give vacation time off or payment in lieu of time off, as required by company policy or practice. Employees must be notified in writing or through a posted notice of any company policy or practice that results in the loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture.

The wage payment provisions generally apply to all North Carolina employers other than federal, state and local governments.

Complaints
The Wage and Hour Bureau of the North Carolina Department of Labor investigates complaints and collects back wages plus interest if they are due to the employee. The state of North Carolina may bring civil or criminal actions against the employer for violations of the law. The employee may also sue the employer for back wages. The court may award attorney’s fees, costs,
liquidated damages and interest.
Retaliation or Discrimination
An employee is also protected against retaliation by an employer if the retaliation involves:
• genetic testing, counseling or information, including sickle cell trait
• National Guard membership
• filing a workers’ compensation claim or related activities
• wage and hour complaints or issues
• workplace safety and health issues
• compliance with a juvenile justice-related court order requiring absence from work
All complaints must be made within 180 days of the retaliation to the Department of Labor.